On June 22, 2021, the Board of County Commissioners approved Ordinances creating the Mobility Fee and amending the impact fee rates for Fire and Rescue and Libraries. The adopted Ordinances include vested rights provisions, which allow for a written agreement establishing the prior impact fee rate(s) for a property to be entered into on or before September 27, 2021, when certain criteria are met. These criteria include impairment of an existing contract and advanced development approvals. If approved vesting of the prior impact fees would be valid for 18 months from the date of Vesting Agreement. A building permit utilizing the prior rate must be pulled within the 18 months to utilize the prior rate.
Also on June 22, 2021, the County adopted Administrative Code Sections 30.31, 30.32, and 30.33 via Resolution No. 2021-R-101 (attached for reference) creating the Vested Rights processes for the Mobility Fee, Fire and Rescue and Library impact fees. These sections outline the process and review criteria for a Vesting Agreement application.
On September 21, 2021, the Appellant applied for a Mobility Fee, Fire and Rescue Impact Fee and Library Impact Fee Vesting Agreement for the Riverside Oaks Subdivision Phase 4 after the application deadline of September 13, 2021 established in the County’s Administrative Code. The Development Services Director advised the Appellant on September 28, 2021 that Seminole County was unable to accept and process the application due to untimely filing and the application and fee were returned to the Appellant. The Appellant was also advised that they may appeal the Development Services Director’s decision pursuant to Section 20.12 Appeals of the Seminole County Land Development Code. The Appellant filed an appeal on October 27, 2021.
Sec. 20.12. - Appeals states the following:
"Except as provided for in Section 163.3215, Florida Statutes, any person claiming to be aggrieved by a decision of the Planning and Development Director may file a written appeal within thirty (30) days with the Planning Division to have the application reviewed by the Board of County Commissioners. The appeal shall state fully the specific grounds for the appeal and all of the facts relied upon by the petitioner. The Board of County Commissioners shall consider only those items specified in the petition".
The existing Riverside Oaks PD (Phases 1-3) was approved by the Board of County Commissioners on August 9, 2016. The Appellant is currently requesting a Major Amendment Rezone to the Riverside Oaks PD to incorporate an additional 23.08 acres referred to as “Phase 4”, into the existing Planned Development with a maximum density of 3.5 dwelling units per net buildable acre with a maximum of sixty (60) single family residential lots with a minimum lot size of 6,000 square feet and a minimum lot width of fifty (50) feet. Phase 4 will access internally from three (3) existing streets within the Riverside Oaks Ph 1 subdivision. Phase 4 of the Riverside Oaks does not yet have zoning approval by the BCC to be rezoned and added to the existing PD. The Planning and Zoning Commission reviewed the major amendment request on December 1, 2021 and recommended approval.
Since the subject property did not have zoning approval at the time of the vesting application, the Development Services Director would likely have denied the request. The actions taken up to that date regarding development on the subject property were too remote from the time of Building Permit, which is the mechanism under the Impact Fee Ordinances that is used to measure, assess, and collect the Impact Fee. At this time and at the time of application the subject property does not have the required zoning designation to allow the proposed single family residential development, however, the rezoning request is also being heard by the Board of County Commissioners for the subject property at the December 14, 2021 Board of County Commission meeting.