HomeMy WebLinkAbout2008 - Transportation Concurrency Partnership OpportunityLITYOF
SE,BAS-T�N
HOME OF PELICAN ISLAND
1225 MAIN STREET • SEBASTIAN, FLORIDA 32958
TELEPHONE: (772) 589-5330 • FAx (772) 589-5570
September 26, 2008
Board of County Commissioners
Indian River County Administration Complex
1801 27" Street Building A
Vero Beach, Florida 32960
RE: LIBERTY PARK — INDIAN RIVER COUNTY TRANSPORTATION CONCURRENCY
Dear Chairman Bowden and the Members of the Board of County Commissioners:
At their Regular Meeting held on Wednesday, September 24, 2008, the Sebastian City Council
discussed transportation concurrency and the need to integrate the road segments within the City
with the County system for review of impacts. The traffic generated by development does not
disappear at municipal boundaries and this reality needs to be addressed so that our staffs can
both account for Impacts to each others road systems.
The idea of integrating Sebastian into Indian River County's transportation concurrency review is
not new. In an effort to move this issue beyond preliminary discussions, a meeting has been
scheduled between key City/County personnel to explore this topic on September 30, 2008.
Simply stated, before major subdivisions or PUDs are approved by either jurisdiction that are in
proximity to the other, more work needs to be done to ensure that our transportation networks do
not fail. On behalf of the City Council, 1 have been instructed to provide this correspondence to
request that further consideration of the Liberty Park Planned Unit Development be tabled by the
Board of County Commissioners until such time that a joint transportation concurrency plan
between Sebastian and Indian River County can be considered. The regional effects from Liberty
Park are far too great to proceed without further consideration of a regional concurrency plan.
We look forward to discussing this matter in greater detail and pledge to work toward the
betterment of Indian River County. Thank you in advance for your consideration of this request.
cc: Members of the Sebastian City Council
Members of the Board of County Commissioners
aryl)f
SE,= IAN
HOME OF PELICAN ISLAND
City of Sebastian
Growth Management Department
1225 MAIN STREET ❑ SEBASTIAN, FLORIDA 32958
TELEPHONE (772) 589-5518 Ll FAX 1772) 388-8248
MEMORANDUM
DATE: October 2, 2008
TO: Al Minner, City Manager
FROM: Rebecca Grohall, Directo\
arership
SUBJECT: Transportation Concurrenncy 11''Opportunity
The City has the opportunity to enjoin with Indian River County for transportation
concurrency. This would actually be one of a small group of cities in the state of Florida
where a City and County work together. The County already provides traffic concurrency
services for the City of Vero Beach as part of the services it provides in issuing building
permits. It would recognize that the inherent nature of "traffic" does not stop at our municipal
boundaries, but is more regional in nature. It would allow the City and County to review
projects for impacts on the overall traffic network within the City of Sebastian and the
unincorporated county, as well as within Vero Beach.
The County has a complex system that tracks traffic concurrency throughout all phases of
development including: at the time of project review, at building permit issuance and at
Certificate of Occupancy/Certificate of Completion. However, the County's system only
tracks concurrency for outside of the City limits. The City currently collects traffic concurrency
at the time of development review and provides this information to the County through the
traffic impact studies.
Traffic Concurrency is the evaluation of new development on existing roadway level of
service standard. More importantly, concurrency is evaluated by determining that a project or
subdivision will not reduce the Level of Service below the adopted standards. Staff currently
evaluates whether or not capacity is available by reviewing the roadway segments identified
in a traffic study and whether or not the additional traffic (trips) will reduce the Level of
Service standard for that roadway to the next lower standard.
Some of the aspects to consider are primarily broken down into two categories, policy level
decisions and logistics. Logistics encompass the details of how the City and County would
Page 2
work together to implement this system — software, staffing and other costs. Policy
decisions entail which projects to consider "vested", determining what the effective date
would be, whether or not the City would want to collect impact fees to fund projects, if the
City should adopt the County's concurrency proportionate share mitigation strategy, etc.
Logistic Considerations:
City would change software suites for the building permit issuance. A side benefit of that
software is the Growth Management department could purchase the planning module that
the County uses for site plan review. All reviewers input their comments and then a report is
automatically generated. The County reviews (Fire Dept, Health Dept and Traffic
Engineering) could interface automatically with our staff.
There is also likely to be a learning curve associated with learning a new software system.
However, the current slowdown in building permits is potentially the best time to make
systemic changes. The Building Department also would be able to see a secondary benefit
— anytime the Health Department or Fire Department (or other County agency) inspects or
reviews permits, they could automatically insert their comments into the permit system.
Currently the County agencies submit their comments via fax or email to City staff who
incorporate them into the permit system manually.
The City would also likely incur some costs on fiber optic connections.
Policv Considerations
Vesting: This is perhaps the biggest consideration of all - what development level approval
would be considered for vesting status.
Vesting normally takes place (conditionally) at the time of development approval (or its
functional equivalent) and then final vesting takes place at the time of building permit
issuance. Although the County does allow development to pre -purchase vesting status after
site plan approval but before they actually obtain building permits. The City and County will
need to come to some agreement on developments that have been reviewed but not yet built
like Bristol Townhomes, Gables Townhomes, Cross Creek, etc. The County is willing to
consider Sebastian Highland lots vested, paying a fractional impact fee.
Impact Fees: the City may want to consider collecting impact fees to help fund roadway
improvement projects. Currently the City can fund roadway improvement projects through
General revenue and special revenue funds (like Discretionary Sales Tax). Additional
impact fees could create another source of funding for the City for infrastructure
improvements, although it would add to the overall cost of development. Collecting impact
fees does bring the City, though, one step closer to requiring new development to pay for all
impacts related to the project.
Mitigation strategy: In the event a roadway does not have available capacity, and therefore a
building permit could not be issued, the State requires that the City have mitigation options
available. The county enacted a proportionate fair share ordinance (attached) that provides
an equitable solution. The City would most likely wish to mirror that ordinance. As a result,
other Land Development Code modifications could be made to update the portions that
address concurrency.
ORDINANCE 2006-011
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 TABLE OF CONTENTS, BY AMENDING DETERMINATION OF
CONCURRENCY, BY AMENDING DETERMINATION OF CONCURRENCY COMPONENTS
SECTION 910.09(4)(A), BY INCREASING POST BUILDING PERMIT ROAD
CONSTRUCTION COMMENCEMENT DATE FROM 2 YEARS FROM CERTIFICATE OF
OCCUPANCY TO 3 YEARS OF FIRST BUILDING PERMIT; BY ADDING NEW
PROPORTIONATE FAIR SHARE MITIGATION SECTION; 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:
PART I: FINDINGS.
It is hereby ascertained, determined, and declared that:
A. Pursuant to Article VIII, Section I 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. The proportionate fair -share program provides a method by which the impacts of development
on transportation facilities can be mitigated by the cooperative efforts of the public and private
sectors.
PART H: AMENDMENTS TO CHAPTER 910. CONCURRENCY MANAGEMENT
SYSTEM. OF INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS
ORDINANCE.
1. Undate of Chanter 910. Concurrency Manaeement Svstem. Table of Contents
Sec. 910.01.
Title, background and
intent.
Sec. 910.02.
Certificate of concurrency
determination.
See. 910.03.
No taking or abrogation of
vested riRbts.
Sec.910.04.
Definitions.
Sec.910.05.
Interpretation and
administration of the
Indian River County
Concurrency Management
System.
Sec. 910.06.
Establishment of fee for
concurrency review.
Sec. 910.07.
Development review
system.
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S..910.08.
Determinationof
concurrency.Renenlly.
Sec. 910.09.
Determination of
concmRncy, components.
Sec. 910.10.
Level of service standards
established in the
cbmumhensive plan.
Sec. 910.11.
Determination oft
ooncmr wspecifically.
910.12
P.gsoionate Fair -Sham
Mi�atipp
Sec. 910.+2.13_
Appeal process and vested
6BM1ts determination.
Sec. 910.+3.14
Assig ability and
tmnsfembility.
2. Increase Post-C.Q. Building Permit Road Construction Commencement Date from 2
years to 3 years and to make Chapter 910 consistent with the adopted CIE.
LDR Section 910.09(4)(a) is hereby amended, to read as follows:
(4) Transportation.
(a) Transportation supply (capacity). Transportation supply must shall be
determined on a segment by segment basis. For concurrency purposes, all
segments on the county's thoroughfare plan mus E shall be considered.
Capacity for segments will be based either on FDOT's generalized capacity
tables or individual segment capacity studies approved by the public works
director pursuant to the criteria specified in Chapter 952, Traffic.
Transportation supply for each segment is:
1. The segment's existing peak hour, peak season, peak direction
capacity; or
2. The segment's new roadway capacity if facility expansion for the
segment is proposed and if:
a. At the time the development order or permit is issued, the facility
expansion is in-plaee-er trader construction; or
b. A development order or permit is issued subject to a condition
that the facility expansion needed to serve the new
development is included in the countv's adonted five-year
schedule of capital improvements and is scheduled to be in
Dlace or under actual construction not more than three (3)
vears after issuance of the vroiect's first building permit or its
functional enuivalent. For purposes of this section, the county
may recognize and include transportation oroicets included in
the first three vears of the adopted Florida Denartment of
Transportation five vear work ormiram. In order to aooly
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ORDINANCE 2006-011
this provision to a facility expansion Droiect. the Capital
Improvements Element must include the following Dolicies:
i. The estimated date of commencement of actual
Droiect construction and the estimated date of Droiect
completion (for Indian River Countv. this is included
in policy 5.11 of the countv's CIE and within
Annendix B of the countv's CIE). and
H. A orovision that a Dian amendment is required to
eliminate. defer. or delav construction of anv road or
mass transit facility or service which is needed to
maintain the adopted level of service standard and
which is listed in the five-vear schedule of capital
improvements (for Indian River Countv. this is
included in Policy 1.2 of the countv's CIE): or
C. At the time a development order or Dermit is issued. the facility is
the subject of a bindine executed agreement which requires the
facility to be in Dlace or under actual construction no more than
three (3) vears after the issuance of the nroiect's fust buildine
permit or its functional eauivalent: the agreement may assign all or
a nortion of the created capacity: or
d. At the time a develgoment order or hermit is issued. the facility is
eum anteed in an enforceable development agreement. nursuant to
Section 163.3220. F.S., or an agreement or development order
issued pursuant to Chapter 380. F.S., to be in place or under actual
construction not more than three vears after issuance of a building
permit or its functional equivalent. [Section 163.3180(2)(c). F.S.1:
the agreement may assign all or a portion of the created capacity:
or
develepmeI c1c. z.
that the tFanspol4atien 7
tha_ two \ulyears flAeF:.... ef..gifie.te ef......pe
�.J..dAd In the f.-..♦ .L-.... (T of the applie.L .. ad..pte
.uvmvvv .0 v.v u.o..m.. �
—
Table 13.24 also ineludeq th e14 at. ter the
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.f�. cccL ,,. :La
F' ur
order or permit shall inelude a earalitien that a eempfelierak-e
plan amendment will be required to eliffliflate, defe�, OF de!85'
eereafaefien of any transportation �Ifj
is listed in the earnpFeliffirsive flea's fiN'e year sphedul, 9
eapital impfevernents, and whieh is needed to maintain !he
..J.._...J WWI ..f S ee _..J__J fef _....a.....
imparted by the pFejeec
the eemmy may impose eandifiens requiring that measperiation
facilities neeessef), to serve the ., '. L;. ,e ¢oma eFvn-veedoerrastmetien by a date remain which shall net exesed two (2)
0 A. the tiffle e de..ele_raear .._J.._ or permit.eJ the
C e'I:Jes a the sal. eet of a L:_J:_g
.. 1 mm6
exeeucmcii—cl.== =..1 ..WPI. .z;ai:es the neeesm-___-_T-}
..`age .._ and vasa_ _ _ than n... N\ ..ee_.. eFe_
r.uee w u..uv. _u.muv v ...v.eaax[ee
agreement, 0._ __.._« may
.,avons requiring .he trenspartation fee:r✓
es
.he: _lee_,. _J-____str
eetion
Lave Je.e eerie . h:..h Z1, net ex-eed rwe (2) yeas C ran the
of a ee-.:r_-... _f_eeapane.
. At the time a develepmeat eFd:- __ ___ W'..- .- _3edF-the
neeesssay transpertation facilities me gesurrateed
e_fe_eeable� de. ele___eat agreement,PursuantCe_tie
163 .3220 n e agFeemerri _ development ,._de_ :_ .eJ
gnrsuant-te-Ce
Chap L__ .. ,..__aeF-und,p AAtunl
eenra not e the a em _�a__:_ anee of-
-.^aee. e..r..ve....e..e. fen thdevelopment agreement, the ementy e
_ _ _.papa_
requiring that . _ _ __ __ papa__ ___ _
.. hinh ehe 1 not emeapd « a /M years firm .he is ..f a
e. The seement is the subiect of a Dr000rtionate fair -share agreement.
In such case, the seement capacity increase reflected in the
Dr000rtionate fair share agreement shall be available only to the
Darties to a Dr000rtionate fair share agreement.
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ORDINANCE 2006-011
3. New Pr000rtionate Fair -Share Mitigation Section LDR Section 910.12.
(1) Puroose and Intent
The ouroose of this section is to establish a method wherebv the impacts of
develooment on transoortation facilities can be mitigated by the cooperative efforts of
the public and Drivate sectors. to be known as the Pr000rtionate Fair -Share Program.
as required by and in a manner consistent with &163.3180(16). F.S.
(2) Findings
(a) The Indian River Countv Commission finds and determines that
transoortation capacity is a commodity that has a value to both the
public and private sectors and that the County Pr000rtionate Fair -
Share Program:
1. Provides a method by which the impacts of development on
transmutation facilities can be mitigated by the cooperative and
creative efforts of the public and private sectors:
2. Allows developers to Droceed under certain conditions.
notwithstanding the failure of transoortation coneurrenev. by
contributing their oronortionate fair share of the cost of
exoandine or improving a transoortation facility:
3. Contributes to the provision of adequate nubile facilities for
future growth and promotes a strong commitment to
comprehensive facilities planning. therebv reducing the potential
for moratoria or unacceptable levels of traffic congestion: and
4. Maximizes the use of oublic funds for adequate transmutation
facilities to serve future growth. and may. in certain
circumstances. allow the Countv to expedite transmutation
imorovements by supplementing funds currently allocated for
transoortation imorovements in the Canital Imqrovements
Element.
(3) ADDlicabillty
The Pr000rtionate Fair -Share Program shall amily to anv development oroiect in
Indian River Countv where the uroiect's traffic brunet studv or the county traffic
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engineer determines that there is insufficient canacity on one or more segments to
satisfy the development oroiect's transportation concurrenev requirements. The
Proportionate Fair -Share Program does not aooly to developments of regional impact
(DRIB) using proportionate fair share under &163.3180(12). F.S.. or to developments
exempted from concurrenev as provided in this concurrenev chanter.
(4) General Requirements
(a) An aDDlicant whose oroiect meets the criteria of Section 910.12(3) may choose to
satisfy transoortation concurrenev requirements by making a Dronortionate fair -
share contribution. oursuant to the following reauirements:
1. The oronosed development is consistent with the comprehensive Dian and
applicable land development regulations. and
2. The five-vear schedule of capital improvements in the County Capital
Improvements Element (CIE) includes one or more transoortation
imorovements that. upon completion, will provide sufficient caoacity for the
deficient segments to accommodate the traffic venerated by the oronosed
development.
(b) The County may choose to allow an aoolicant to satisfy transoortation
concurrenev for a deficient segment. through the Proportionate Fair -Share
Program. by the developer contributing to an improvement that. upon
completion. will create additional capacity on the deficient segment sufficient to
accommodate the additional traffic generated by the anoficant s oronosed
development even if the improvement oroiect for the deficient segment is not
contained in the 5-vear schedule of capital imorovements in the CIE where:
• The Board of County Commissioners holds an advertised public hearing
to consider the or000rtionate share agreement and corresnonding future
chan-es to the 5-vear CIE. and
The County adopts. by ordinance. an amendment adding the
improvement to the 5-vear schedule of capital imorovements in the CIE.
To oualifv for consideration under this section. the oronosed
improvement must be reviewed by the Board of County Commissioners.
and determined to be financially feasible pursuant to 6163.3180(16)(b)1.
F.S_ consistent with the comprehensive Dian. and in compliance with the
provisions of this ordinance. Financial feasibility for this section means
that additional contributions. oavments or revenue sources to fund the
imnrovement oroiect are reasonably anticioated during a period not to
exceed 10 years.
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(c) Any improvement Droiect or000sed to meet a developer's fair -share obligation
must meet design standards of the County for locally maintained roadways and
those of the Florida Department of Transportation (FDOT) for the state hiehwav
system.
(5) Aoolication Process
(a) Loon identification of a lack of cavacity to satisfv transportation concurrencv. an
aoolicant may choose to satisfy transportation concurrencv through the
nr000rtionate fair -share program pursuant to the remdrements of section
910.12(4).
(b) Prior to submitting an application for a proportionate fair -share agreement the
aoolicant shall attend a ore -application meeting with planning and traffic
engineering staff to discuss eligibility. aoolication submittal reauirements.
potential mitigation actions. and related issues. If the impacted facility is on the
Strategic Intermodal Svstem (SIS). then the Florida Department of
Transportation (FDOT) will be notified and invited to Darticinate in the pre-
anDlication meeting.
(e) Eligible applicants shall submit an application to the Countv that includes an
aoolication fee as established by resolution and the following:
1. Name. address. and phone number of owner(s). developer and agent:
2. Property location. including parcel identification numbers:
3. Legal description and survev of Property:
4. Proiect description. including type. intensity, and amount of development
5. Phasing schedule. if applicable:
6. Description of reauested proportionate fair -share mitigation method(s):
7. Coov of concurrencv application:
S. Coov of therroiect's Traffic impact Statement (TIS) or Traffic Impact
Analysis (TIAL: and
9. Location man denicting the site and affected road network.
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(d) Within 10 business days.ploaning staff shall review the amilication and certifv
that the aoolication is sufficient and complete. If an aoolication is determined to
be insufficient, incomplete, or inconsistent with the general requirements of the
Dronortionate fair -share program as indicated in section 4 910.12(4). then the
applicant shall be notified in writing of the reasons for such deficiencies within 10
business days of submittal of the application. If such deficiencies are not
remedied by the applicant within 30 days of receipt of the written notification.
then the aoolication shall be deemed abandoned. The Board of Countv
Commissioners may. in its discretion, grant an extension of time not to exceed 60
days to cure such deficiencies. provided that the amDlicaut has shown good cause
for the extension and has taken reasonable stens to effect a cure.
(e) Pursuant to 6163.3180(16)(e), F.S., proposed orovortionate fair -share mitigation
for develonment imnacts to facilities on the Strategic Intermodal Svstem reauires
the concurrence of the Florida Department of Transportation (FDOT). If an SIS
facility is promised for proportionate share mitigation, the agqvlicant shall submit
ment b
evidence of an agreeetween the applicant and the FET for inclusion in
the proportionate fair -share agreement.
(A When an application is deemed sufficient. complete. and eligible. a Dronosed
proportionate fair -share obligation and binding agreement will be prepared by
the County or the aoolicant with direction from the Countv and delivered to the
appropriate marries for review. including a comv to the FDOT for anv mr000sed
Dromortionate fair -share mitigation on a Strategic Intermodal Svstem (STS)
facility, no later than 60 days from the date at which the aoolication was
determined to be sufficient and no fewer than 14 days orior to the Board of
Countv Commissioners meeting when the agreement will be considered.
(2) The Countv shall notifv the ar mlicaut regarding the date of the Board of County
Commissioners meeting at which the agreement will be considered for final
approval. No proportionate fair-sbare agreement will be effective until ammroved
by the Board of Countv Commissioners.
(6) Determining Proportionate Fair -Share Obligation
(a) Proportionate fair -share mitigation for concurrency impacts mav include.
senarately or collectively. private funds. contributions of land. and construction
and contribution of facilities as provided in 6163.3180 (16)(c). F.S.
(b) A development shall not be required to mav more than its t rtmortionate fair
share. The fair market value of the Dromortionate fair -share mitigation for the
imnacted facilities shall not differ based on the form of mitigation as provided in
8163.3180 (16)(c). F.S.
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(e) The methodology used to calculate an aaolicant's oronortionate fair -share
obligation shall be as provided for in Section 163.3180 (12). F. S.. as follows:
The cumulative number of peak hour. peak direction trios from the complete buildout
of the or000sed development, or buildout of the stage or phase being aooroved. that
are assigned to the oronortionate share oroeram segment divided by the change in the
peak hour directional maximum service volume (MSV) of the oronortionate share
oroeram segment resulting from construction of the oronortionate share orogram
improvement. multiplied by the anticipated construction cost of the oronortionate
share oroiect in the year that construction will occur.
This methodology is exoressed by the following formula:
Proportionate Fair Share = Efi(Develooment Trias,l + (SV Increasedl X Cost.
(Note: In the context of the formula. the term "cumulative" does not include a areviously
aooroved stage or phase of a development.)
Where
F= Sum of all deficient links or000sed for oronortionate fair -share
mitigation for a oroiect.
Development Trios,=Those trios from the stage or abase of development under review
that are assigned to roadway segment "i" and have triggered a
deficiency per the concurrenev management system:
SV Increase, = Service volume increase orovided by the eligible imorovement to
roadway segment "i":
Cost, = Adiusted cost of the imorovement to segment "i". Cost shall
consist of all improvements and associated costs. including design.
right-of-wav acquisition, nlannine. engineering. inspection. and
phvsical development costs. directly associated with construction
at the anticipated cost in the year that construction will occur.
(d) For ouraoses of determining oronortionate fair -share obligations. the County
shall determine imorovement costs based noon the actual and/or anticipated
costs of the imorovement in the year that construction will occur. These costs will
be determined by the county's public works department.
(e) If the County has accented an imorovement oroiect or000sed by the aoolicant.
then the value of the imorovement shall be based on an engineer's certified cost
estimate provided by the aoolicant and aooroved by the county's public works
director or other method aooroved by the county's public works director.
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(f) If the Countv has accented right-of-wav dedication for the oronortionate fair -
share oavment. credit for the dedication of the non -site related right-of-wav shall
be valued on the date of the dedication at 120 percent of the most recent assessed
value by the County orooerty aooraiser or. at the option of the aoolicant. by fair
market value established by an independent aooraisal aooroved by the Countv
and at no expense to the Countv. Said aooraisal shall assume no aooroved
development plan for the site. The aoolicant shall smmly a drawing and legal
description of the land and a certificate of title or title search of the land to the
Countv at no expense to the Countv. If the estimated value of the right-of-wav
dedication or000sed by the aoolicant (based on a County-aooroved aooraisall is
less than the Countv estimated total wr000rtionate fair -share obligation for that
development, then the aoolicant must also oav the difference. If the estimated
value of the right-of-wav dedication or(oosed by the aoolicant [based on a
Countv-aooroved aooraisal) is more than the county estimated total
oronortionate fair -share obligation for the development. then the county will give
the aoolicant traffic impact fee credit for the difference.
(7) Impact Fee Credit for Proportionate Fair -Share Mitigation
(a) Proportionate fair -share mitigation aavments for a development arotect shall be
awaited as a credit toward the traffic impact fees assessed to that develonment
rP oiect.
(b) Impact fee credits for a oronortionate fair -share contribution will be determined
when the traffic imoact fee obligation is calculated for the or000sed development.
If the applicant's oronortionate fair -share obligation is less than the
development's anticipated road imoact fee for the specific stage or phase of
development under review. then the aoolicant must oav the remaining imoact fee
amount.
(cl A oronortionate fair -share contribution is intended to mitigate the transoortation
impacts of a or000sed development at a suecific location. As a result. anv traffic
tmnact fee credit based upon oronortionate fair -share contributions for a
or000sed development may not be transferred to anv other location.
(d) The amount of traffic imoact fee (TIF) credit for a oronortionate fair -share
contribution may be no to but shall not exceed the nroiect's oronortionate fair
share amount and will be determined based on the following formula:
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ORDINANCE 2006-011
TIF Credit = [(Proportionate fair share impacted roadways' VMT) + (Total
Project VMT)1 X ( Total Proiect Traffic Impact Fee Liability)
Where:
VMT (Vehicle miles of travel on a link) = (length of link) X (number of trips
assigned to that link)
Total Proiect VMT = Total vehicle miles of travel on all links impacted by
Proportionate fair share Proiect
(e) A proportionate fair share impact fee credit shall be applied consistent with the
followine formula:
Applicant payment = )(Total Proiect traffic impact fees assessed) + (Proportionate
Share Payment)]— (TIF CREDIT)
(8) Proportionate Fair -Share Agreements
(a) Upon executing a proportionate fair -share agreement (Agreement) and satisfvine
other concurrencv requirement, an applicant shall receive a CC15 (or its
successor upon amendment of initial concurrence regulations) County certificate
of concurrent" approval. Should the applicant fail to apply for building permits
within the timeframe provided for in the county concurrencv certificate. then the
c roiect's concurrencv vesting shall expire. and the applicant shall be reouired to
reapply. Once a proportionate share payment for a Proiect is made and other
impact fees for the Proiect are paid. no refunds shall be given. All navments.
however. shall run with the land.
(b) Payment of the Proportionate fair -share contribution for a Proiect and payment
of other impact fees assessed to that Proiect shall be due and must be Paid prior
to the effective date of the proportionate fair share agreement. The effective date
shall be specified in the agreement and shall be the date the agreement is
approved by the Board or its designee.
(c) All developer improvements accented as proportionate fair share contributions
must be completed within 3 (three) years of the issuance of the first building
permit for the Proiect which is the subiect of the proportionate fair share
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ORDINANCE 2006-011
agreement and be accompanied by a security instrument that is sufficient to
ensure the completion of all reunited improvements. The security instrument
shall conform to the subdivision construction security reouirements of
913.10(1)(D). It is the intent of this section that anv reauired improvements be
completed within 3 (three) vears of the issuance of the first building nermit for
the oroiect which is the subject of the or000rtionate fair share agreement.
(d) Dedication of necessary right-of-wav for facility imnrovements pursuant to a
or000rtionate fair -share agreement must occur prior to the effective date of the
or000rtionate fair share agreement.
(e) Anv, reauested change to a development protect subseauent to issuance of a
development order shall be subject to additional or000rtionate fair -share
contributions to the extent the change would increase oroiect costs or generate
additional traffic that would require mitigation.
(D APolicants may withdraw from a or000rtionate fair -share agreement at anv time
Prior to the execution of the agreement. The application fee and anv associated
advertising costs to the Countv are nonrefundable.
(a) The Countv may enter into or000rtionate fair -share agreements for selected
corridor imnrovements to facilitate collaboration among multiole aoolicants on
imnrovements to a shared transportation facility.
(9) APPrOpriation of Fair -Share Revenues
(a) Proportionate fair -share revenues shall be placed in the aoormriate oroiect
account for funding of scheduled imnrovements in the Countv capital
imnrovements element. or as otherwise established in the terms of the
or000rtionate fair -share agreement. Proportionate fair -share revenues may also
be used as the 50% local match for funding under the FDOT Transportation
Regional Incentive Program (TRIP).
(b) In the event a scheduled facility improvement is removed from the CIP. then the
or000rtionate fair share revenues collected for its construction may be applied
toward the construction of alternative imnrovements within that same corridor or
sector where the alternative improvement will mitigate the impacts of the
development oroiect on the congested roadwav(s) for which the original
or000rtionate fair share contribution was made.
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4. Renumberin¢ LDR Sections 910.12 and 910.13 to Section 910.13 and 910.14
Section 9101-3 910.13. Appeal process and vested rights determination.
(1) Purpose and intent. This section is established to provide a mechanism for the
hearing and decision of appeals of decisions or actions by the community development director or
his designee on concurrency determinations and vested rights determinations.
(2) Authorization.
(a) The board of county commissioners of Indian River County is hereby authorized to:
Hen and decide appeals when it is alleged that there is an error in any order,
requirement, decision, or determination made by the community development
director or his designee in the concurrency determination.
2. Hear and decide appeals when it is alleged that there are vested rights.
(b) Upon appeal and in conformance with land development regulations, the board of
county commissioners in exercising its powers may reverse or affirm wholly or
partly, or may modify the order, requirement, decision, interpretation, application, or
determination of the community development director or his designee.
(c) A majority vote of a quorum of all members of the board of county commissioners
shall be necessary to reverse any order, requirement, decision, interpretation,
application or determination of the community development director or his designee.
(3) Appeal procedures.
(a) The applicant, or any other person(s) whose substantial interests may be affected or
determined in the proceeding may initiate an appeal.
(b) Appeals must be filed within fifteen (15) days following action or determination by
the respective official.
(c) An appeal must be filed with the community development department on an
application form prescribed by the county within the specified time limit. All such
appeals shall recite the reasons why such an appeal is being taken.
The appeal shall be accompanied by a fee to be determined by resolution of the
board of county commissioners. The community development director shall schedule
the hearing of the appeal in front of the board of county commissioners within thirty
(30) days following receipt of the application.
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(d) The community development director must review the appeal and prepare a report
which contains the department's findings and recommendation.
(e) All appeals shall be heard at a meeting of the board of county commissioners. All
interested parties shall have a right to appear before the board of county
commissioners and address specific concerns directly related to the appeal. Any
person may appear by agent or attorney. All such hearings shall be conducted in
compliance with the rules of procedure for the board of county commissioners. The
time and place scheduled for hearing shall be given to the applicant in writing.
(f) The final decision of the board of county commissioners must be reached within
sixty (60) days following the receipt of the appeal by the community development
department director.
(g) The same procedure identified in section 910.13(3) will be applicable to the vested
rights determination. The criteria identified in section 910.03 will be utilized for the
vested rights determination.
(Ord. No. 90-16, § 1, 9-11-90)
Section 91833 910.14. Assignability and transferability.
(a) A certificate of concurrency determination shall run with the land and shall transfer
to a successor in interest to the original applicant upon written disclosure of such transfer to the
community development department. The disclosure shall provide the full legal time of the person
or business entity acquiring the interest in the property; the nature of the interest; the address of the
principal place of business of the successor; telephone number, time and address of registered
agent if corporation; name, address and title of officers or agents authorized to transact business
with the county, together with proof of authorization if other than president or vice-president or
general partner; and the time and address of any new design professional for the project if
applicable. A transferee applicant must also assume in writing on form acceptable to the county
attorney all commitments, responsibilities, and obligations of the prior applicant, including all
special conditions of the concurrency determination certificate.
(b) Failure to make the required disclosure and assumption shall suspend a concurrency
determination certificate until such time as proper disclosure and assumption are made.
(c) Transfer of the certificate of concurrency determination shall not toll or modify the
calculation of time limits set forth in the concurrency determination certificate. Following any
transfer, such time limits shall be calculated as if the transfer had not occurred.
(d) A concurrency determination certificate shall not be assignable or transferable to
other developments.
(Ord. No. 90-16, § 1, 9-11-90)
PART III: GENERAL PROVISIONS.
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ORDINANCE 2006-011
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 previsions of this Ordinance are repealed to the extent of such inconsistency or conflict.
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 immediately upon filing with the Department of State.
Approved and adopted by the Board of County Commissioners of Indian River County,
Florida, on this 1 Vh day of April, 2006.
This ordinance was advertised in the Press -Journal on the 27th day of March, 2006, for a
public hearing to be held on the 11th day of April, 2006, at which time it was moved for adoption
by Commissioner Wheeler seconded by Commissioner Davis , and adopted by the following
vote:
Chairman Arthur R. Neuberger
Vice Chairman Gary C. Wheeler
Commissioner Sandra L. Bowden
Commissioner Thomas S. Lowther
Commissioner Wesley S. Davis
BOARD OF COUNTY COMM
OF INDIAN RIVER COUNTY
BY:
Ave
Ave
Ave
Ave
Ave
Arthur R. Neuberger, Chairman
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is
ORDINANCE 2006-011
ATTEST BY:
Jeffrey K. Barton, Clerk
This ordinance was filed with the Department of State on the following date:
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
William G. Collins B, County Attorney
APPROVED AS TO PLANNING MATTERS
Robert M. Keating, AICP; Community Development Director
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