HomeMy WebLinkAbout2002-025ORDINANCE NO, 2002= 025
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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:
1. Section 910.02 is hereby amended to read as follows:
Section 910.02. Certificate of concurrency determination.
Certificate of concurrency determination means eft;f c to ^f concurrency certificate
oempliance. Three (3) types of concurrency detef ,,inat;^„ certificates are hereby
established; these are: initial (or initial/final) concurrency certificate, date" iHatiO^, final
concurrency deteF inatie^, certificate, and conditional concurrency certificate
deto,-,,4inati These concurrency certificates will be issued only after
review and approval of concurrency detefminatien applications. No development order
will be issued unless an applicant has a valid cp�*fi^ofr concurrency certificate
deteizminatieffl
(Ord. No. 90-16, § 1, 9-11-90)
2. Section 910.07 is hereby amended to read as follows:
(1)
A valid
concurrency certificate
Section
910.07.
Development
review system.
prior to
(1)
A valid
concurrency certificate
of eoneur-ens determination must
be obtained
(a) Conceptual
prior to
These are
development
orders which change the
the
the
following:
Concurrency
is
potential
density and intensity
of uses of
approval
of
a general
concurrency review
which examines
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(a) Conceptual
development order.
These are
development
orders which change the
land.
Concurrency
is
potential
density and intensity
of uses of
review at this stage
a general
concurrency review
which examines
the available
capacity of each
is
facility
with respect to the
proposed
project.
Where the
proposed project a non-
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ORDINANCENO* 2002= 025
PD (planned development) rezoning or comprehensive plan amendment, the
concurrency impact assessment will be based on the following criteria: t -4e
maximum number- of units fer- Y-esidential land uses based upon the pr-oposed
o. r �. ,i , o designation, and the potential impaet equivalent to
eamme eial usage of ten thousand (10,000) square feet of gross t4aer- area per- aer-e
for- commer-eial, industrial land uses. will be used to assess impact-.
For Pro'ect's Intensity Measured B
Residential Conceptual Projects, or (Maximum number of SF or MF units allowed per
Residential Rezonings acre based upon the proposed zoning or land use
designation) X Total Property Acres
General Commercial or Office (10,000 sq. ft. of gross floor area per acre of retail
Conceptual Projects, commercial) X Total Property Acres
Comprehensive Plan Amendments
to CA without Rezoning, or
rezonings to PRO, OCR, MED,
CN, CL, CG
Heavy Commercial or Industrial (20,000 sq. ft. of gross floor area per acre ofeg neral
Conceptual Projects, or Rezonings industrial) X Total Property Acres
to CH,IL,IG
For conceptual project approval, the impact assessment will be based upon the development
parameters of the proposed project. No conceptual development order will be issued unless
the applicant has a valid conditional, or initial concurrency EletefminatioR certificate.
Conceptual development orders include:.
1. Comprehensive plan land use amendments;
2. Rezoning petitions;
I Conceptual project approvals;
(b) Initial development order. These are development orders which constitute project
approval and allow for submission of building permit applications or
commencement of development in relation to land development permits.;
however-, initial developm@nt or-Eler-s Ele not authorize issuanee of building pefmits"
for- nenstrunt;nn n ohanges of use wh;nh require n n , GO (nort;finnta ,f
oeoupaney-)-. No initial development order will be issued unless one of the
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4. Preliminary
plats
and preliminary PD
plans.
(b) Initial development order. These are development orders which constitute project
approval and allow for submission of building permit applications or
commencement of development in relation to land development permits.;
however-, initial developm@nt or-Eler-s Ele not authorize issuanee of building pefmits"
for- nenstrunt;nn n ohanges of use wh;nh require n n , GO (nort;finnta ,f
oeoupaney-)-. No initial development order will be issued unless one of the
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ORDINANCE NO, 2002-025
^
r
;f
following
ppFeNral
three
The applicant
(3)
items
is
satisfied:
^
r
;f
is
ppFeNral
ma be gr-antea
The applicant
has obtained
an initial
concurrency
certificate
for a project or the
portion
of a
project for
which
initial
development
order
approval is sought.
2. Conditional„ .,i may be granted for- site ria„ plie ,t; The
applicant has applied for an initial concurrency certificate, and
concurrency reviews indicate that there is sufficient capacity to
accommodate the project, and the only pending requirement for issuance
of an initial concurrency certificate is the payment of applicable traffic
impact fees and utility impact fees. Approval shall be subject to a
condition that all applicable traffic impact fees and utility impaot fees
capacity charges associated with the project approval shall be paid within
ninety (90) days of site plan approval or prior to site plan release,
whichever occurs first. Failure to pay the applicable traffic and utility
int fees by the deadline shall automatically terminate site plan
approval and shall release traffic and utilities capacity reserved for the
project or the portion of a project for which initial development order
approval is sought.
3. The applicant signs a form, provided by the county, in which the applicant
acknowledges that:
• For subdivisions and plats as well as multi -phase site plans and
planned developments, no building permit will be issued for all or
any portion of the project unless and until the applicant or the
applicant's successor obtains an initial and final concurrency
certificate for the project or portion of the project for which a
building permit is sought.
• For single-phase site plans and commercial or multi -family
Planned Developments (PDs),the site plan will not be released for
all or any portion of the project unless and until an initial/final
concurrency certificate is obtained for the project or portion of the
project for which a site plan release is sought.
Furthermore the applicant, &#a44-, in executing the form referenced above,
shall acknowledge that the county does not guarantee that adequate
capacity will exist at the time when the applicant or the applicant's
successor chooses to apply for and obtain a concurrency certificate. POF
site plan pr-ajeet-s-, The above referenced acknowledgment forms shall be
properly executed and recorded in the Indian River County public records
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ORDINANCE NO. 2002= 025
by the owner/applicant prior to site plan tease approval.
For subdivision projects, the above referenced acknowledgment shall be
signed before a land development permit or land development permit waiver
is issued, and further incorporated as a general note on the face of the final
plat.
Initial development orders include:
a. Site and development plans (including site plans for developments
of regional impact);
Eb. Land development permits or land development permit waivers
(subdivisions and planned developments); and
Vic.
Changes
in use that increase
density or intensity
of development.
(c) Final development order. These are development orders which authorize
construction of a new building, expansion of an existing building, increase in
intensity of use, or change of use which requires a new CO (certificate of
occupancy). The final development order will be issued as a building permit.
Concurrency determination is automatic at this stage for a developments having
an initial development order&4 &eutGmatic- if the application meets the
requirements of section 910.08(1) and if the applicant has a valid initial
concurrency certificate Ele*erminatie^. Any development order such as single-
family building permit which does not require an initial development order will
not be issued until the applicant acquires a final concurrency deteFFninat=ien
certificate.
(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 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;
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ORDINANCE NO. 2002= 025
(c) Vested final subdivision plats to be modified unless modification creates
additional lots;
(d) Developments with a final development order proceeding to completion;
(e) Replacement of existing residential units unless there is an increase in number of
units; and
(f) Any development orders, including land use amendments and rezoning
applications, which do not increase density or intensity of use.
(3)
The
designation
of a single
agency
for coordinating
responsible
for
each
level
adequacy
of the
concurrency
Elete.,,,inat;^^
review
process
is
necessary to ensure
that
every
concurrency
de*e:minatie^
application
is
reviewed
in
accordance
with these
regulations
and
planned
prior
to the
issuance
concurrency
of a
applications:
development
order.
The community
development
department
shall be
responsible
for
coordinating
the
review of
the
development
applications
identified
in
section 910.07(1)
development
and for approving
or rejecting
concurrency
determinations.
The
community
director shall
initiate
the review
process by review
of an
application
for
completeness
and
A
data sufficiency
within three
(3)
days of receipt
of the
application.
copy
of the
complete
application
will
then be forwarded
to the evaluating
agencies.
Upon submission, each concurrency d€n 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 i -n any facility has insufficient capacity is available to accommodate toe 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
facilities
to
and
planned
with regard
concurrency
applications:
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ORDINANCE NO. 2002=025
(a) The utilities department shall evaluate solid waste levels of service;
(b) The public works department and eemmunity development depaAment 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.
(5) 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 detofmination 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 Eletefminatieii application. No concurrency
certificate detefminat4eff 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.
(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 deteFminatien application identified in section 910.08(2),
except for final concurrency detem4ination 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
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ORDINANCE N0.2002- 02'
(d) Conditions or stipulations
regarding
the
timing and
development
phasing
under
of the
development
account
during the concurrency
or
provision of facility
improvements
necessary to ensure
that
adequate facilities
will
be available concurrent
with the
impact of the development.
(7) For each concurrency detefminatien 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 detef inert'^^ reviews is avoided.
(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 91-23, § 4, 5-15-91; Ord. No. 91-48, § 8, 12-4-91; Ord.
No. 92-39, § 6, 9-29-92; Ord. No. 96-6, § 10, 2-27-96)
I Section 910.08 is hereby amended to read as follows:
Section 910.08. Determination of concurrency,
(1) Consistent with the comprehensive plan policies, the apprc
shall be contingent upon a finding that adequate public faci
with their adopted levels of service and concurrent with the
development. Such determination of concurrency made dui
concurrency deter application which is not an initi
certificate Elaeterminatietf does not guarantee that there will
concurrency at subsequent steps in the process for a given
development. However, a finding of concurrency made at t
Elete ..Y.in t;^^ stage may be used as a basis for a finding of
during the review of a final concurrency detefm pati app
(a) The previously approved concurrency determir
determined by the time limit imposed upon the
certificate;
(b)
The
impact
of the proposed
development
under
con
account
during the concurrency
review and in the
fi
associated
with the previously
approved concurrent
ities are available, consistent
impact of the proposed
ng the review of a
I or final concurrency
utomatically be a finding of
roperty or a proposed
e initial concurrency
;oncurrency determination
cation provided that:
remains in effect, as
zrrencv determination
was fully taken into
ling of concurrency
detefm natio 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
(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
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ORDINANCE NO.2002-025
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 determination
applications shall be based upon the following criteria:
(a) Conditional concurrency determination. A conditional concurrency certificate
may be used to satisfy the concurrency requirement for issuance of conceptual
development orders and conceptual approval of initial development orders. A
conditional concurrency d@terminatieff certificate may be issued for all or any
portion of a project being reviewed for conceptual approval; this may include
subsequent phases of a multi -phase project. A conditional concurrency
de*e�inatie„ certificate will indicate that the facilities and services are available
at the time of issuance of the conditional concurrency detomqinatioff certificate but
may not be available at the time of any subsequent concurrency moi}
review. A finding of concurrency resulting from the review at this stage shall not
be construed to guarantee the availability of adequate facilities at the time of the
initial or final development order. Notice is given to the applicant in the
conceptual development order to indicate that the conditional concurrency
certificate deteFminati-en does not constitute a final concurrency d@tefm natia
certificate and that one or more concurrency deteFm:., atie^� certificates will
subsequently be required.
The applicant shall apply for a conditional concurrency determinatioll certificate
only in conjunction with a development order application. At any time, the
applicant has the option to apply for an initial concurrency deteF Y inatie
certificate and pay the applicable impact fees in order to reserve capacity.
Approval of an initial concurrency certificate deteFmiff for property which
does not have appropriate comprehensive plan land,use designation and zoning
designation does not constitute a vesting of rights. Having reserved capacity and
an approved concurrency Elet@F,Y,inatief certificate shall not constitute grounds for
approval of a rezoning petition or comprehensive plan land use amendment.
Prior to issuance of a conditional concurrency detemninalieff certificate, the
applicant shall sign an agreement with the county indicating that the applicant
understands that the conditional concurrency deteFminati certificate does not
guarantee the availability of facilities at the time of the final concurrency
deteFminatien 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.
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(b) Initial
Concurrency
Determination.
An initial
(or
an initial/final)concurrency
determination
is
a
specific
concurrency
determination
for
a
given proposal
and/or
project.
All applications
for
an initial
concurrency
deteRainat4eff
will be
subject to
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ORDINANCE NO. 2001025
review according to the provisions of sections 910.08, 910.09 and 910.11 of these
regulations, absent a previous finding of concurrency consistent with the
provisions of section 910.08(1). Prior to approval of a certificate of initial
concurrency detena-iin-ation, the applicant must pay all impact fees and utility
capacity charges associated with the improvements allowed by the certificate of
concurrency dam. Concurrency determination at this stage is valid for
one year after approval. This concurrency determination may be extended to five
(5) years if the applicant signs a waiver of rights for the refund of traffic impact
fees in exchange for extension of the initial concurrency de*eR:inatio^ certificate.
Applications for initial concurrency certificate Eletefminati^" can be made at any
time; they do not have to be connected to any specific project or project
application.
Conditions
Concurrency
pertaining
to the phasing
and
timing of a
proposed
development
be
(c)
may
concurrency
certificate
be included
in
a
finding of concurrency
for the development.
Concurrency
determination
final
for
all phases of a development
must
meet all the
requirements
of
this chapter
of a
including
development
timeframes for
validity of concurrency
certificate
No
-y
certificate
application
will
be
accepted
for
Elete
requiring
natio„
a traffic
impact
analysis
or
traffic
impact statement
Any initial development order, including a phased project approved before the
effective date of this chapter, is considered to have a concurrency determination
for one year after approval of this chapter. Subsequent phases of the project are
subject to concurrency determination review after September 1, 1991.
Final
Concurrency
Determination.
A final
be
(c)
concurrency
certificate
must
final
obtained
prior
to approval
of a
final
development
order.
No
concurrency
certificate
application
will
be
accepted
for
a project
requiring
a traffic
impact
analysis
or
traffic
impact statement
unless
an initial
concurrency
certificate
has
been
obtained.
In order to obtain a final development order, the applicant must have a
valid concurrency Eletefminatiea certificate. When an application for a
final concurrency determination is submitted while the initial concurrency
Eletefminati certificate is valid, the capacity will have been reserved and
the issuance of the final concurrency Elet@Fminatieff certificate is
automatic. After expiration of the initial concurrency determination
certificate, the applicant must reapply for an initial concurrency
Elete - ti certificate or for a final concurrency det
certificate. If the amount of the traffic impact fee liability associated with
the improvements represented by the initial concurrency Ele*em:inatie^
certificate increases before the final concurrency deteFminatien certificate
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ORDINANCE NO. 2002=025
is issued, the applicant must pay the additional increment. A final
concurrency determination is valid for six (6) months from approval.
While the final concurrency de*e:inatio^ certificate is valid, the applicant
must obtain a building permit. The final concurrency dote,-fninatio
certificate then will be valid as long as the building permit is active.
2. Building permit applications for single-family residences shall be
reviewed based on the requirement that fully adequate facilities be
available consistent with the adopted level of service standards and
requirements established in the comprehensive plan. For concurrency
Eletefminati review for single-family residential permits and minor site
plan approvals, some geographical areas of the county may be pre -
approved for a specific timeframe for specific facilities or services. The
concurrency det@Fminatioa certificate for a single-family residence will be
issued in ten (10) working days.
(Ord. No. 90-16, § 17 9-11-90)
All previous ordinances, resolutions, or motions of the Board of County Commissioners of
Indian River County, Florida which conflict with the provisions of this ordinance are hereby
repealed to the extent of such conflict. All special Acts of the legislature applying only to the
unincorporated portion of the Indian River County which conflict with the provisions of this
ordinance are hereby repealed to the extent of such conflict.
5. Codification
The provisions of this ordinance shall be incorporated into the County Code and the word
"Ordinance" may be changed to "section", "article", or other appropriate word, and the sections
of this ordinance may be renumbered or re -lettered to accomplish such intentions.
6. Severability
If any section, part of a sentence, paragraph, phrase or word of this ordinance is for any reason
held to be unconstitutional, inoperative, or void, such holdings shall not affect the remaining
portions hereof and it shall be construed to have been the legislative intent to pass this ordinance
without such unconstitutional, invalid or inoperative part.
7. Effective Date
4. Repeal of Conflicting
Provisions
effect upon
filing
All previous ordinances, resolutions, or motions of the Board of County Commissioners of
Indian River County, Florida which conflict with the provisions of this ordinance are hereby
repealed to the extent of such conflict. All special Acts of the legislature applying only to the
unincorporated portion of the Indian River County which conflict with the provisions of this
ordinance are hereby repealed to the extent of such conflict.
5. Codification
The provisions of this ordinance shall be incorporated into the County Code and the word
"Ordinance" may be changed to "section", "article", or other appropriate word, and the sections
of this ordinance may be renumbered or re -lettered to accomplish such intentions.
6. Severability
If any section, part of a sentence, paragraph, phrase or word of this ordinance is for any reason
held to be unconstitutional, inoperative, or void, such holdings shall not affect the remaining
portions hereof and it shall be construed to have been the legislative intent to pass this ordinance
without such unconstitutional, invalid or inoperative part.
7. Effective Date
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This ordinance shall take
effect upon
filing
with the Florida Secretary
of State.
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ORDINANCE NO. 2002= 025
This ordinance was advertised in the Vero Beach Press -Journal on the 24th day of Jul y
2002, for a public hearing to be held on the 6th day of August , 2002, at which
time it was moved for adoption by Commissioner Gi nn , seconded by
Commissioner Adams , and adopted by the following vote:
The ordinance was adopted by a vote of:
Chairman Ruth M. Stanbridge
Vice Chairman John W. Tippin
Commissioner Kenneth R. Macht
Commissioner Fran B. Adams
The Chairman thereupon declared the ordinance duly passed and adopted this 6th day
of August , 2002.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
Attest J,.K �Bat-ton,0 11
2
> B v:
.
Deputy -¢perk; `Ruth M. Stanbridge
Chairman
Filed with the Florida Department of State on the day of z,
2002.
APPRO VEED AS TO LEGAL FORM
William G. Collins
Deputy County Attorney
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Commissioner
Caroline
D.
Ginn
Commissioner Fran B. Adams
The Chairman thereupon declared the ordinance duly passed and adopted this 6th day
of August , 2002.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
Attest J,.K �Bat-ton,0 11
2
> B v:
.
Deputy -¢perk; `Ruth M. Stanbridge
Chairman
Filed with the Florida Department of State on the day of z,
2002.
APPRO VEED AS TO LEGAL FORM
William G. Collins
Deputy County Attorney
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ORDINANCE NO* 2002= 025
Robert M. Keating, AICP l
Community Development Director
F:\Community Development\Users\VICKIE\SASAN\chap910ordinance.doc
Indian River Ca Approved Dale
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