§ 62-2301. St. Johns Heritage Parkway Corridor management area.

(a)

Purpose. The purpose of the St. Johns Heritage Parkway Corridor management area is to:

(1)

Using incentives that may include impact fee credits; grants for economic development; access; the waiver or relaxation of regulations governing the review or approval of subdivisions and site plans; or, where necessary, acquisition, ensure that the right-of-way and interests in real property necessary to construct the transportation facilities planned for the proposed St. Johns Heritage Parkway and related stormwater or other related improvements, is obtained and protected from incompatible encroachments.

(2)

Ensure that property owners and the citizens of the county benefit fairly and equitably from the proposed St. Johns Heritage Parkway.

(3)

Ensure that due process is provided to all affected property owners through the establishment of an appeal process.

(b)

Applicability. This subdivision shall apply within all areas wholly or partially within the corridor in unincorporated territory identified on map #3 of the transportation element of the county comprehensive plan, a copy of which is attached to Ord. No. 07-32 as figure 1. In addition, the county commission may allow the transfer of specific incentives into areas within or adjacent the corridor area, for the benefit of affected persons or their successors in interest.

(c)

Incentives. Where a developer has proposed or the county has approved plans or other documents establishing the specific location of property where right-of-way for the road and other stormwater or related improvements will be required for the construction of the St. Johns Heritage Parkway, affected persons donating such property to the county shall, subject to the provisions of subsection (d) and applicable notice and hearing requirements established by law, be eligible to apply for the following development incentives in conjunction with a plan of development proposed within the designated corridor area or within property adjacent to the corridor area when combined with an area designated for acquisition or improvement within the designated corridor area:

(1)

Impact fee credits;

(2)

Additional parkway access;

(3)

Waivers or relaxation in the regulatory requirements normally established for subdivisions, multifamily, commercial or industrial developments;

(4)

Grants for economic development;

(5)

Transportation concurrency waivers on roadways other than the St. Johns Heritage Parkway, provided the level of service on such roadways is consistent with that established in the applicable comprehensive plan for such a roadway; or

(6)

Such other innovative incentives that may be proposed by the applicant and agreed to by the county commission.

(d)

Standards for approval of incentives. Subject to compliance with any applicable notice and hearing requirement established by law, the incentives identified in subsection (c), may, at the commission's discretion, be granted for a plan of development if the following standards are met:

(1)

The monetary value of the incentives approved may not exceed 200 percent of the combined value of the interests in land donated and severance damages to the remainder, if any, as such values are determined in the manner specified in subsection (e);

(2)

The incentives approved shall not operate to cause a substantial and detrimental effect or impact upon the public safety or welfare;

(3)

All required notices and public hearings must be complied with;

(4)

An incentive proposal may be conditioned upon the clustering of specific types of land uses at intersections of arterial or collector roads serving the area proposed for development and property approved for such uses may be required to use service roads, or other transportation management mechanisms approved by county staff, to access the parkway at intervals established by the board.

(5)

Transportation concurrency waivers on specific roadway segments shall, cumulatively, not exceed 125 percent of the average daily trips used to establish a designated level of service for that roadway segment.

(e)

Valuation of incentives. The value of the donated right-of-way, easement or other interest in land and incentives sought by the applicant, for the purposes of determining whether those values meet the 200 percent restriction established in subsection (d), shall be determined in the following manner:

(1)

The applicant for the incentives shall, at applicant's expense, provide a letter opinion estimating the value of the incentives from a licensed appraiser. The opinion shall establish the value of the donated right-of-way, easement or other interest in land and of each component of the incentive package being sought by the applicant.

(2)

The county commission, in its discretion, may, at its expense, seek a second opinion from a licensed appraiser concerning the value of the incentive package. If the values established in the two opinions are more than 20 percent apart on either the value of the donated right-of-way, easement or other interest in land or the value of the incentive package, the two appraisers shall meet and attempt to reconcile the difference.

a.

If a reconciliation occurs, the county commission shall accept the result for the purpose of establishing the value of the incentive package.

b.

If the appraisers cannot reconcile the two opinions, the two appraisers shall select a third appraiser, at the county's expense, to review the two opinions and determine which of the two opinions more accurately reflects the values of the donated land and of each of the components of the incentive package, which opinion shall be dispositive of the valuation issue.

c.

In the event the final disposition results in a determination that the value of the incentive package exceeds 200 percent of the value of the donated right-of-way, easement or other interest in land the county commission may either:

1.

Deny the application, or

2.

Allow the developer to remove one or more components of the incentive package to bring the incentive package within the 200 percent restriction.

(f)

Upon acceptance of an applicant's incentive package and after any required public notice and hearing, the applicant and county shall execute a recordable developer's agreement setting forth the specific incentives approved. The agreement shall include provisions specifying:

(1)

That the required right-of-way, easement or other interest in land shall be transferred to the county before the incentives are implemented;

(2)

A description of the property benefited by the approved incentives;

(3)

That the specified incentives shall inure to the benefit of the applicant/donor's successors in interest; and

(4)

Such other provisions deemed appropriate or required by law.

Within 30 days after the date of execution by the applicant and the county, the developer's agreement shall be recorded in the public records of the county.

(g)

In the event right-of-way, easement or other interest in land necessary for the construction of the St. Johns Heritage Parkway is required in circumstances where an owner or developer applying for development approval chooses not to utilize incentives provided for in this subdivision, at its discretion, the county commission may initiate negotiations for the purchase of the required right-of-way.

(1)

Such negotiations shall be concluded within a period not to exceed six months following the date the applicant has submitted a formal application for development approval.

(2)

During the negotiation period, the county's review of development plans shall be held in abeyance until the six-month period expires, unless extended at the request of the applicant.

(3)

If no agreement has been reached at the conclusion of the six-month period or any extension period authorized by the applicant, the county shall begin the process of reviewing the application for development approval, provided, however, the county may simultaneously begin the process of adopting a resolution of necessity declaring the intent of the county to institute eminent domain proceedings for the acquisition of the property, which resolution must be adopted within 45 days after the six-month negotiation period expires, provided that the county must continue to review the application for development approval in the manner specified in applicable county ordinances during this 45-day period. If the resolution of necessity is adopted, review of the application of development approval shall cease. If the resolution is not adopted by the end of the 45-day period, the application shall be reviewed and approved, approved with conditions or denied in accordance with all applicable laws and county ordinances.

(h)

In the event any portion of the property subject to the incentive provisions of this subdivision is annexed by a city, the incentives provided for in this subdivision may be extended by agreement of the annexing city, county and owner/developer if:

(1)

The city passes an ordinance adopting the incentives provided for in this subdivision, and

(2)

The county and annexing municipality enter into an interlocal agreement, consented to by the owner/developer, which provides for the grant or continuation of such incentives. In the event of any such proposed annexation and interlocal agreement, neither this subdivision nor any of its provisions shall be implemented or construed in a manner that has the effect of impairing any previously executed developer's agreement granting incentives.

(Ord. No. 07-32, § 1, 5-24-07)

Editor's note

The figure 1 referenced in this section is not set out at length herein, but can be found in the office of the county clerk.