§ 23-262. Exemption from adequate public facilities review and concurrency review.  


Latest version.
  • The purpose of the concurrency review is to determine a project's impact on the provision of public facilities/services. The following will be exempt in whole or in part, from concurrency review;

    (a)

    Potable water, sewage treatment, drainage, solid waste disposal, parks and transportation.

    (1)

    Single-family home or duplex and nonresidential projects consisting of less than one thousand five hundred (1,500) square feet, generating less than twenty (20) average daily trips (ADT), and using less than five hundred (500) gallons of water per day.

    (2)

    Any development that has a valid and unexpired certificate of concurrency issued prior to the effective date of the ordinance from which this article derives [December 8, 2009], or where concurrency has been vested (for those specified public facilities only) in a valid and unexpired development order.

    (3)

    Any development that has been vested for concurrency pursuant to a valid and unexpired development agreement between the property owner and the county but only as to those public facilities that have been specified as being vested.

    (b)

    Schools. The following will be exempt from the concurrency review as to the requirements for public schools:

    (1)

    Single family lots of record having received final plat approval (or otherwise deemed grand-fathered as a valid residential lot under the land development regulations of the county) prior to the effective date of the school concurrency ordinance (which applies to the given lot or lots).

    (2)

    Multi-family residential development having received final site plan approval prior to the effective date of the school concurrency ordinance.

    (3)

    Amendments to any residential development approval which do not increase the number of residential units or change the type of residential units proposed.

    (4)

    Any residential development that has only a de minimus impact to public school facilities (i.e. that generate less than one (1) student per the current student generation multipliers) or otherwise determined exempt based upon a written determination by the school district.

    (5)

    All non-residential uses such as commercial, industrial or mining.

    (c)

    Development of regional impact. Any development of regional impact (DRI) that has a valid and unexpired DRI development order issued by the county pursuant to section 380.06(15), Florida Statutes, shall be exempt from further concurrency review unless otherwise provided for in the development order.

(Ord. No. 2009-18, § I, 12-8-09)