§ 30-622. Submittal of appeal/mitigation plan/ proportionate share contribution agreement (transportation)/proportionate share mitigation agreement (schools).

(1)

Application. An application for an appeal of a denial of a request for a capacity encumbrance letter, a mitigation plan, a proportionate share contribution agreement, or a proportionate share mitigation agreement (schools) shall include:

(a)

Name, address, and phone number of owner(s), developer and agent:

(b)

Property location, including parcel identification numbers;

(c)

Legal description and survey of property;

(d)

Project description, including type, intensity and amount of development;

(e)

Phasing schedule, if applicable;

(f)

Description of request (appeal, mitigation plan, proportionate share (transportation), or proportionate share mitigation (schools));

(g)

Copy of application for capacity encumbrance letter;

(h)

Copy of approved traffic study (transportation) or development impact analysis (schools);

(i)

Application fee; and

(j)

Copy of capacity encumbrance denial letter.

(2)

If the applicant is appealing a denial, an appeal application and fee which conforms to the submittal requirements of this division shall be submitted to the CMO. No appeal application shall be deemed accepted unless it is complete. A fee for filing an appeal application shall be established by resolution of the board of county commissioners.

(3)

If the applicant proposes using the proportionate share option to satisfy the transportation concurrency requirements for development of a specific parcel:

(a)

The applicant may attend a pre-application conference with the RAC to discuss eligibility, application submittal requirements, potential mitigation options, and related issues. If the impacted road is a state road, the FDOT will be invited to participate in the pre-application conference.

(b)

The applicant shall submit the proportionate share application to the county.

(c)

Within ten (10) business days, the applicant will be notified if the application is insufficient or incomplete. If such deficiencies are not remedied by the applicant within thirty (30) days of receipt of the written notification, then the application will be deemed abandoned. The CMO may grant an extension of time not to exceed sixty (60) days to cure such deficiencies, provided that the applicant has shown good cause for the extension and has taken reasonable steps to affect a cure.

(d)

Calculation of the project's proportionate share of the cost of the improvements using the following formula:

Proportionate Share =	Project Trips × Cost
	Increase in Capacity

 

(e)

If the county has accepted right-of-way dedication for the proportionate share payment, credit for the dedication of the non-site related right-of-way shall be valued through an appraisal, at no expense to the county, from an MAI appraiser approved by the county. The value of the right-of-way to be conveyed by the owner shall be the total number of acres, and/or a fraction thereof, of the conveyed land multiplied by the appraised fair market value of the property. The applicant shall supply a drawing and legal description of the land and a certificate of title or title search of the land to the county at no expense to the county. If the estimated value of the right-of-way dedication proposed by the applicant is less than the county estimated total proportionate share obligation for that development, then the applicant must also pay the difference. Prior to purchase or acquisition of any real estate or acceptance of donations of real estate intended to be used for the proportionate share, public or private partners should contact the FDOT for essential information about compliance with federal law and regulations.

(f)

The applicant shall receive a credit on a dollar-for-dollar basis for impact fees and other transportation concurrency mitigation requirements. The credit shall be reduced by up to twenty (20) percent by the percentage share that the project's traffic represents of the added capacity of the selected improvement.

(g)

Proportionate share agreement. A developer's agreement addressing the terms of the proportionate share contribution (the proportionate share agreement) must be recommended by the RAC (except for school mitigation agreements which shall be recommended by the CMO to the board of county commissioners) and approved by the board of county commissioners.

(h)

Issuance of capacity encumbrance letter. Upon approval of the proportionate share agreement by the board of county commissioners, and payment of proportionate share contribution, a capacity encumbrance letter will be issued for the amount of capacity to be created by the proportionate share contribution.

(4)

Schools. In the event there is insufficient available school capacity within a school concurrency service area to meet the demand created by the proposed residential development, and the applicant and the school board have agreed upon mitigation (which may include proportionate share mitigation) pursuant to subsection 30-563(c)(4) to satisfy the school concurrency requirements for the proposed residential development, the following shall apply:

(a)

Agreement. The applicant, the school board and the county must memorialize the agreed-upon mitigation by entering into a legally binding agreement to provide mitigation proportionate to the demand for public school facilities created by the actual development of the property.

(b)

Mitigation options. Mitigation options that provide permanent capacity are subject to school board approval and may include, but are not limited to;

1.

Contribution of land in conjunction with the provision of an additional school site meeting the county's school siting criteria, or adjacent land for expansion of an existing facility (the value of such land shall be calculated using the valuation standard of section 19.6(c) of the interlocal agreement);

2.

Provision of additional permanent student stations through donations of buildings for use as primary or alternative learning facility, provided that such buildings meet the state requirements for educational facilities;

3.

Provision of additional permanent student stations through the renovation of existing buildings for use as learning facilities;

4.

Construction of permanent student stations or core facilities;

5.

Construction of a school in advance of the time set forth in the district facilities work program;

6.

Creation of mitigation banking based on the construction of a public school facility in exchange for the right to sell capacity credits;

7.

Construction of a charter school designed in accordance with state requirements for educational facilities and providing permanent student stations. Use of a charter school for mitigation must include provisions for its continued existence, including, but not limited to, the transfer of ownership of the charter school property and/or operation of the school to the school board in the event of the closure of the charter school;

8.

Contribution of funds or other financial commitments or initiatives acceptable to the school board to ensure that the financial feasibility of the district facilities work program can be maintained by the implementation of the mitigation options; or

9.

Payment of proportionate share mitigation for the residential development. Such payment shall be based on the ability to meet the demand for school facilities created by the proposed residential development. The amount will be calculated utilizing the cost per student station allocation for each school type plus the cost of land acquisition, core and ancillary facility requirements and other infrastructure expenditures, including off-site improvements for school sites, as determined and published annually in the district facilities work program. The methodology used to calculate proportionate share mitigation shall be as follows:

Proportionate Share Mitigation = (Development Impact - Available School Capacity) x Total Cost

Where:

Available School Capacity = (School Capacity x Adopted Level of Service) - (Enrollment + Reserved Capacity)

School Capacity = Adjusted FISH capacity for the applicable school concurrency service area as programmed in the first three (3) years of the district facilities work program

Enrollment = Student enrollment as counted in the most recent official October count

Total Cost = the cost per student station plus a share of the land-acquisition costs, additional core and ancillary facility costs and other anticipated infrastructure expenditures or the estimated cost of school infrastructure needed to provide sufficient permanent capacity to the impacted school concurrency service areas, and includes any cost needed to pay the interest to advance a school scheduled in the district facilities work program to an earlier year.

(c)

Impact fee credit. Proportionate share mitigation shall be credited against the school impact fee to the extent that the mitigation payment funds a capacity-adding public school improvement that is eligible to be funded with school impact fees. The terms of the impact fee credit shall be established in the proportionate share mitigation agreement. The impact fee credit shall be calculated as follows:

Equivalent Residential Units (ERU) for which Proportionate Share Mitigation is provided x Impact Fee per Dwelling Unit

Where:

Net Development Impact = Development impact - Available Capacity

ERU = Net Development Impact divided by the Student Generation Rate

(d)

Capacity enhancement contribution credit. To the extent the residential development is subject to a capacity enhancement agreement, the capital contribution paid pursuant to such agreement shall be a credit applied to the proportionate share mitigation applied herein.

(e)

CMO. Following negotiation with the school board and the county attorney's office and approval by the school board, the applicant shall submit any proposed proportionate share mitigation agreement to the CMO for review and recommendation by the CMO to the board of county commissioners.

(Ord. No. 91-27, § 1, 12-10-91; Ord. No. 96-15, § 25, 5-14-96; Ord. No. 2006-06 , § 2, 5-23-06; Ord. No. 2010-11 , § 2, 9-21-10; Ord. No. 2013-13 , § 2, 5-21-13)