No development may be approved unless the development is found to be consistent with the Gilchrist County Comprehensive Plan and that the provision of certain public facilities will be available at prescribed levels of service concurrent with the impacts of the development on those facilities. It is the intent if this Article to ensure that there is compliance with these requirements of state law.

If a development proposal is found to meet all the requirements of this Code, it shall be presumed to be consistent with Comprehensive Plan in all respects except for compliance with the concurrency requirement. Any aggrieved or adversely affected party may, however, question the consistency of a development proposal with the Comprehensive Plan. If a question of consistency is raised, the Planning Director, the Planning Commission, or the Board of County Commissioners, depending on which is responsible for approving the development, shall make a determination of consistency or inconsistency and support that determination with written findings.

(a)

For purposes of this Concurrency Management System, a development order means any order granting, denying, or granting with conditions an application for a development permit. A development permit includes any building permit, zoning permit, subdivision approval, special use permit, variance, or any other official action having the affect of permitting the development of land.

(b)

Concurrency review addresses only the availability of public facilities and capacity of services, and a Certificate of Concurrency does not represent overall development approval. If the application for development is not concurrent, the applicant shall be notified that a certificate cannot be issued for the development. The burden of showing compliance with adopted levels of service and with meeting the concurrency test shall be upon the applicant. Applications for development approval shall provide sufficient information showing compliance with these standards.

(c)

The County shall review applications for development, and a development approval shall be issued only if the proposed development does not lower the existing level of service of public facilities and services below the adopted level of service in this Comprehensive Plan.

(d)

The minimum requirements for concurrency within this concurrency management system are, as follows:

(1)

For Sanitary Sewer, Solid Waste, Drainage and Potable Water Facilities

a.

A development order or permit may be issued, subject to the condition that, at the time of issuance of a certificate of occupancy or its functional equivalent, the necessary facilities and services will be in place and available to serve the new development; or

b.

At the time the development order or permit is issued, the necessary public facilities and services are guaranteed in an enforceable development agreement, pursuant to Section 163. 3220, Florida Statutes, or an agreement or development order issued pursuant to Chapter 380, Florida Statutes, to be in place and available to serve new development at the time of the issuance of a certificate of occupancy or its functional equivalent.

(2)

For Parks and Recreation Facilities

a.

At the time the development order or permit is issued, the necessary facilities and services are in place or under actual construction; or

b.

A development order or permit is issued subject to the condition that, at the time of the issuance of a certificate of occupancy or its functional equivalent, the acreage for the necessary facilities and services to serve the new development is dedicated or acquired by the County, or funds in the amount of the developer's fair share are committed; and

1.

A development order or permit is issued subject to the conditions that the necessary facilities and services needed to serve the new development are scheduled to be in place or under actual construction not more than one year after issuance of a certificate of occupancy or its functional equivalent as provided in the County's adopted 5-Year Schedule of the Capital Improvements Element; or

2.

At the time the development order or permit is issued, the necessary facilities and services are the subject of a binding executed agreement which requires the necessary facilities and services to serve the new development to be in place or under actual construction within not more than one year or under actual construction not more than one year after issuance of a certificate of occupancy or its functional equivalent; or

3.

At the time the development order or permit is issued, the necessary facilities and services are guaranteed in an enforceable development agreement, pursuant to Section 163.3220, Florida Statutes, or an agreement or development order issued pursuant to Chapter 380, Florida Statutes, to be in place or under actual construction not more than one year after issuance of a certificate of occupancy or its functional equivalent.

(3)

For Transportation Facilities

a.

At the time a development order or permit is issued the necessary facilities and services are in place or under construction; or

b.

A development order or permit is issued, subject to the condition that the necessary facilities and services needed to serve the new development are scheduled to be in place or under actual construction no more than three years after issuance of a certificate of occupancy or its functional equivalent as provided in the County's 5-Year Schedule of the Capital Improvements Element. The schedule of capital improvements may recognize and include transportation projects included in the first three years of the applicable, adopted Florida Department of Transportation five-year work program, for facilities not on the Florida Intrastate Highway System. In addition, the schedule of capital improvements may recognize and include transportation projects included in the applicable, adopted Florida Department of Transportation five-year work program for facilities on the Florida Intrastate Highway System.

c.

At the time the development order or permit is issued, the necessary facilities and services are the subject of a binding executed agreement which requires the necessary facilities and services to serve the new development to be in place or under actual construction nor more than three years after the issuance of a certificate of occupancy or its functional equivalent; or

d.

At the time a development order or permit is issued the necessary facilities and services are guaranteed in an enforceable development agreement, pursuant to Section 163.3220, Florida Statutes, or an agreement or development order issued pursuant to Chapter 380, Florida Statutes, to be in place or under actual construction not more than three years after issuance of a certificate of occupancy or its functional equivalent.

(e)

If an application is deemed concurrent, a Certificate of Concurrency will be issued by the Planning Director. If the development requires any other development permit, a copy of the Certificate of Concurrency shall be included with any future application for a development permit. A separate concurrency review shall not be required for each development permit for the same project.

(f)

Concurrency review addresses only the availability of public facilities and capacity of services, and a Certificate of Concurrency does not represent overall development approval.

(g)

There are certain development approvals that are ineligible to receive concurrency reservation because they are too conceptual and, consequently, do not allow an accurate assessment of public facility impacts. These development approvals are land use amendments to the Comprehensive Plan and rezoning requests. Those development approvals shall receive a non-binding concurrency determination.

(h)

If an applicant desires to determine whether there is sufficient capacity to accommodate their proposed project, the Planning Director shall make an informal non-binding determination of whether there appears to be sufficient capacity in the public facilities and services to satisfy the demands of the proposed project. If there appears to be insufficient capacity, the Planning Director shall then make a determination of what public facilities or services would be deficient if the proposed project were approved.

(i)

Any concurrency determination, whether requested as part of an application for development approval or without an application for development approval, is a non-binding determination of what public facilities and services are available at the date of inquiry. The issuance of a Certificate of Concurrency Compliance shall be the only binding action which reserves capacity for public facilities and services.

(j)

A Certificate of Concurrency Compliance shall only be issued upon final development permit approval. The Certificate of Concurrency Compliance shall remain in effect for the same period of time as the development permit granting final development approval. If the development approval does not have an expiration date, the Certificate of Concurrency Compliance shall be valid for 12 months from the date of issuance.

(k)

In cases where there are competing applications for public facility capacity, the following order of priority shall apply:

(1)

Issuance of a building permit based upon previously approved development orders permitting redevelopment;

(2)

Issuance of a building permit based upon previously approved development orders permitting new development;

(3)

Issuance of new development orders permitting redevelopment;

(4)

Issuance of new development orders permitting new development.

(a)

For traffic circulation the following determination procedures shall apply:

(1)

The County shall provide level of service information as set forth in the most recent Data and Analysis Report in support of the Comprehensive Plan. If this level of service information indicates a level of service failure, the applicant may either:

a.

accept the level of service information as set forth in the most recent Data and Analysis Report supporting the Comprehensive Plan, or

b.

prepare a more detailed Highway Capacity Analysis as outlined in the Highway Capacity Manual, Special Report 209 (1985) or a speed and delay study following the procedure outlined by the Florida Department of Transportation, Traffic Engineering Office, in its Manual for Uniform Traffic Studies.

(2)

If the applicant chooses to do a more detailed analysis the applicant shall submit the completed alternative analysis to the Planning Director for review. The Planning Director shall review the alternative analysis for accuracy and appropriate application of the methodology.

(3)

If the alternative methodology, after review and acceptance by the Planning Director, indicates an acceptable level of service, the alternative methodology shall be used in place of the most recent Data and Analysis to support the Comprehensive Plan.

(4)

Any proposed development generating more than 750 trips a day shall be required to provide a trip distribution model, in addition to the requirements outlined above.

(c)

For sanitary sewer, solid waste, drainage, potable water, and recreation and open space the following determination procedures shall apply:

(1)

The County shall provide level of service information as set forth in the most recent Data and Analysis Report in support of the Comprehensive Plan.

(2)

If such level of service information indicates that the proposed project would not result in a level of service failure, the concurrency determination would indicate that adequate facility capacity at acceptable levels of service was available.

(3)

If such level of service information indicates that the proposed project would result in a level of service failure, the concurrency determination would be that adequate facility capacity at acceptable levels of service was not available at the date of application or inquiry.

(a)

As set forth in the Gilchrist County Comprehensive Plan, 2012, the following levels of service for traffic circulation shall apply. The Level of Service Standards set forth below are at peak hour as defined within the Florida Department of Transportation Quality/Level of Service Handbook, as amended.

(b)

If a county road fails to meet the following minimum design standards, it is hereby deemed to be at a level of service that cannot accommodate any new traffic and therefore no new subdivision of any kind, except for a lot split pursuant to Article 10 of this Code, shall be allowed to connect to such a roadway:

(c)

If a county road fails to meet the following minimum design standards, it is hereby deemed to be at a level of service that cannot accommodate the traffic created by a subdivision with more than 20 lots, and therefore no subdivision with more than 20 lots shall be allowed to connect to such a roadway:

(Ord. No. 2024-06, § 1, 10-21-2024)

As set forth in the Gilchrist County Comprehensive Plan, 2012, the following levels of service for sanitary sewer shall apply.

As set forth in the Gilchrist County Comprehensive Plan, 2012, the following levels of service for potable water shall apply.

(a)

As set forth in the Gilchrist County Comprehensive Plan, 2012, the following levels of service for drainage shall apply.

(b)

For all projects not exempted from Chapter 40B-4 and 62-25, Florida Administrative Code and as administered and regulated by the appropriate State agency, in effect upon amendment of the Comprehensive Plan, within the County, stormwater management systems must be installed such that the peak rate of post-development runoff will not exceed the peak-rate of pre-development runoff.

1.

Such stormwater management systems shall design for stormwater up through and including either:

a.

A design storm with a 10-year, 24-hour rainfall depth with Soil Conservation Service Type II distribution falling on average antecedent moisture conditions for projects serving exclusively agricultural, forest, conservation, or recreational uses; or

b.

A design storm with 100-year critical duration rainfall depth for projects serving any land use other than agricultural, silvicultural, conservation, or recreational issues.

2.

Facilities which directly discharge into an Outstanding Florida Water shall include an additional level of treatment equal to the runoff of the first 1.5 inches of rainfall from the design storm consistent with Chapter 62-25.025(9), Florida Administrative Code and as administered and regulated by the appropriate State agency, in effect upon amendment of this Comprehensive Plan, in order to meet the receiving water quality standards of Chapter 62-302, Florida Administrative Code and as administered and regulated by the appropriate State agency, in effect upon adoption of the Comprehensive Plan. Stormwater discharge facilities shall be designed so as not to lower the receiving water quality below its designated classification as established in Chapter 62-302, Florida Administrative Code and as regulated and administered by the appropriate State agency, in effect upon adoption of the Comprehensive Plan.

3.

Any development exempt from Chapter 62-25 or 40B-4, Florida Administrative Code, as cited above and which is adjacent to or drains into a surface water, canal, or stream, or which empties into a sinkhole, shall first allow the runoff to enter a grassed swale or other conveyance designed to percolate 80 percent of the runoff from a three year, one hour design storm within 72 hours after a storm event. In addition, any development exempt from Chapter 62-25 or 40B-4, Florida Administrative Code, as cited above, which is directly discharged into an Outstanding Florida Water shall include an additional level of treatment equal to the runoff of the first 1.5 inches of rainfall from the design storm consistent with Chapter 62-25.025(9), Florida Administrative Code and as administered and regulated by the appropriate State agency, in effect upon adoption of this Comprehensive Plan, and in order to meet the receiving water quality standards of Chapter 62-302, Florida Administrative Code. Such stormwater discharge facilities shall be designed so as not to lower the receiving water quality below its designated classification as established in Chapter 62-302, Florida Administrative Code and as administered and regulated by the appropriate State agency, in effect upon amendment of the Comprehensive Plan.

As set forth in the Gilchrist County Comprehensive Plan, 2012, the following levels of service for solid waste shall apply.

As set forth in the Gilchrist County Comprehensive Plan, 2012, the following levels of service for recreation shall apply.

(a)

The purpose of this ordinance is to establish a method whereby the impacts of development on transportation facilities can be mitigated by the cooperative efforts of the public and private sectors, to be known as the Proportionate Fair-Share Program, as required by and in a manner consistent with §163.3180(16), Florida Statutes.

(b)

The County Commission finds and determines that transportation capacity is a commodity that has a value to both the public and private sectors and the County Proportionate Fair-Share Program:

(1)

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;

(2)

Allows developers to proceed under certain conditions, notwithstanding the failure of transportation concurrency, by contributing their proportionate fair- share of the cost of a transportation facility;

(3)

Contributes to the provision of adequate public facilities for future growth and promotes a strong commitment to comprehensive facilities planning, thereby reducing the potential for moratoria or unacceptable levels of traffic congestion;

(4)

Maximizes the use of public funds for adequate transportation facilities to serve future growth, and may, in certain circumstances, allow the County to expedite transportation improvements by supplementing funds currently allocated for transportation improvements in the Capital Improvement Element (CIE).

(5)

Is consistent with §163.3180(16), Florida Statutes, and with the Gilchrist County Comprehensive Plan.

(c)

The Proportionate Fair-Share Program shall apply to all developments in County that have been notified of a lack of capacity to satisfy transportation concurrency on a transportation facility in the County Concurrency Management System (CMS), including transportation facilities maintained by the Florida Department of Transportation or another jurisdiction that are relied upon for concurrency determinations, pursuant to the requirements of 4.04.02.

(d)

The Proportionate Fair-Share Program shall not apply to developments of regional impact using proportionate fair-share under §163.3180(12), Florida Statutes, or to developments exempted from concurrency by state or county law.

(a)

An applicant may choose to satisfy the transportation concurrency requirements of the County by making a proportionate fair-share contribution, pursuant to the following requirements:

(1)

The proposed development is consistent with the comprehensive plan and applicable land development regulations.

(2)

The five-year schedule of capital improvements in the County Capital Improvement Element or the long-term schedule of capital improvements for an adopted long-term CMS includes a transportation improvement that, upon completion, will satisfy the requirements of the County transportation CMS. The provisions of (b) below may apply if a project or projects needed to satisfy concurrency are not presently contained within the local government CIE or an adopted long-term schedule of capital improvements.

(b)

The County may choose to allow an applicant to satisfy transportation concurrency through the Proportionate Fair-Share Program by contributing to an improvement that, upon completion, will satisfy the requirements of the County transportation CMS, but is not contained in the five-year schedule of capital improvements in the CIE or a long- term schedule of capital improvements for an adopted long-term CMS, where the following apply:

(1)

The County adopts, by resolution or ordinance, a commitment to add the improvement to the five-year schedule of capital improvements in the CIE or long-term schedule of capital improvements for an adopted long-term CMS no later than the next regularly scheduled update. To qualify for consideration under this section, the proposed improvement must be reviewed by the County and determined to be financially feasible pursuant to §163.3180(16) (b) 1, Florida Statutes, consistent with the comprehensive plan, and in compliance with the provisions of this ordinance. Financial feasibility for this section means that additional contributions, payments or funding sources are reasonably anticipated during a period not to exceed 10 years to fully mitigate impacts on the transportation facilities.

(2)

If the funds allocated for the five-year schedule of capital improvements in the County CIE are insufficient to fully fund construction of a transportation improvement required by the CMS, the County may still enter into a binding proportionate fair-share agreement with the applicant authorizing construction of that amount of development on which the proportionate fair-share is calculated if the proportionate fair-share amount in such agreement is sufficient to pay for one or more improvements which will, in the opinion of the governmental entity or entities maintaining the transportation facilities, significantly benefit the impacted transportation system.

(c)

The improvement or improvements funded by the proportionate fair-share component must be adopted into the five-year capital improvements schedule of the comprehensive plan or the long-term schedule of capital improvements for an adopted long-term concurrency management system at the next annual capital improvements element update.

(d)

Any improvement project proposed to meet the developer's fair-share obligation must meet design standards of the County for locally maintained roadways and those of the FDOT for the state highway system.

(a)

Upon notification of a lack of capacity to satisfy transportation concurrency, the applicant shall also be notified in writing of the opportunity to satisfy transportation concurrency through the Proportionate Fair-Share Program pursuant to the requirements of 4.04.02.

(b)

Prior to submitting an application for a proportionate fair-share agreement, a pre-application meeting shall be held to discuss eligibility, application submittal requirements, potential mitigation options, and related issues. If the impacted facility is on the SIS, then the FDOT will be notified and invited to participate in the pre-application meeting.

(c)

Eligible applicants shall submit an application to the County that includes an application 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 survey of property;

(4)

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

(5)

Phasing schedule, if applicable;

(6)

Description of requested proportionate fair-share mitigation method(s); and

(7)

Copy of concurrency application.

(d)

The Planning Director shall review the application and certify that the application is sufficient and complete within 10 business days. If an application is determined to be insufficient, incomplete or inconsistent with the general requirements of the Proportionate Fair-Share Program as indicated in 4.04.02, then the applicant will 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 application will be deemed abandoned. The County Commission may, in its discretion, grant an extension of time not to exceed 60 days to cure such deficiencies, provided that the applicant has shown good cause for the extension and has taken reasonable steps to effect a cure.

(e)

Pursuant to §163.3180(16) (e), Florida Statutes, proposed proportionate fair-share mitigation for development impacts to facilities on the SIS requires the concurrency of the FDOT. The applicant shall submit evidence of an agreement between the applicant and the FDOT for inclusion in the proportionate fair-share agreement.

(f)

When an application is deemed sufficient, complete, and eligible, the applicant shall be advised in writing and a proposed proportionate fair-share obligation and binding agreement will be prepared by the County or the applicant with direction from the County and delivered to the appropriate parties for review, including a copy to the FDOT for any proposed proportionate fair-share mitigation on a SIS facility, no later than 60 days from the date at which the applicant received the notification of a sufficient application and no fewer than 14 days prior to the County Commission meeting when the agreement will be considered.

(g)

The County shall notify the applicant regarding the date of the County Commission meeting when the agreement will be considered for final approval. No proportionate fair-share agreement will be effective until approved by the County Commission.

(a)

Proportionate fair-share mitigation for concurrency impacts may include, without limitation, separately or collectively, private funds, contributions of land, and construction and contribution of facilities.

(b)

A development shall not be required to pay more than its proportionate fair-share. The fair market value of the proportionate fair-share mitigation for the impacted facilities shall not differ regardless of the method of mitigation.

(c)

The methodology used to calculate an applicant's proportionate fair-share obligation shall be as provided for in Section 163.3180 (12), Florida Statutes, as follows:

"The cumulative number of trips from the proposed development expected to reach roadways during peak hours from the complete build out of a stage or phase being approved, divided by the change in the peak hour maximum service volume (MSV) of roadways resulting from construction of an improvement necessary to maintain the adopted LOS, multiplied by the construction cost, at the time of developer payment, of the improvement necessary to maintain the adopted LOS."

OR

(a)

The purposes of this section, adopted in accordance with Section 163.3177(6)(b) and Section 337.273 (6), Florida Statutes, are to:

(1)

Implement the Gilchrist County Comprehensive Plan, especially the Traffic Circulation Element.

(2)

Alleviate traffic congestion on major roadways and therefore protect and enhance the economy, the environment, and the public health, safety and welfare of the citizens of Gilchrist County.

(3)

Maintain established level of service standards to accommodate planned future growth, minimize impacts to existing development, and to assure a safe, efficient and sustainable transportation system for the citizens of Gilchrist County.

(4)

Provide a basis for coordinating the provision of transportation facilities with new development on designated corridors where the construction and improvement of transportation facilities is expected.

(5)

Protect the rights of landowners whose land is designated for future transportation use.

(b)

For purposes of this Section, the term "Designated Corridor" shall mean a future transportation corridor designated on/in the Future Right-of-way Needs Map in the Traffic Circulation Element of the Gilchrist County Comprehensive Plan. Such a corridor may or may not have a right-of-way alignment established within it.

(c)

For purposes of this Section, the term "Right-of-Way Alignment" shall mean the actual land, and boundaries thereof, within a Designated Corridor, which has been identified as being needed by the County for future transportation purposes. A Right-of-Way Alignment may be in final form, or may be an approximation, as set forth more fully below.

(d)

All development adjacent to a Designated Corridor shall be consistent with the transportation functions of the corridor. A Right-of-Way Alignment, either final or approximate, shall be protected from encroachment by structures, parking areas, drainage facilities, or other development that would interfere with the use of the corridor for future transportation needs.

(e)

Any aggrieved party adversely affected by the operation of this Section may seek relief under the procedure provided in Section 12.12 of this Code.

(Ord. No. 07-08, § 1, 7-2-2007)

(a)

The following width shall be the minimum required for Right-of-Way Alignments: 100 feet.

(b)

This 100-foot width represents anticipated right-of-way needs based on roadway functional classification, typical cross sections, and design standards for a range of potential design alternatives. Greater widths may be established by the County Administrator on a case by case basis. The County Administrator shall make such a determination in writing with findings that may be based upon, but not necessarily limited to, the following factors:

(1)

Topography.

(2)

Conditions creating the need for enlarged drainage facilities.

(3)

The need for sidewalks, bike lanes, utility easements, or other public facilities requiring greater right-of-way width.

(4)

Accommodation of auxiliary lanes at intersections.

(c)

Final Right-of-Way Alignment shall be established by engineering study and design. Final Right-of-Way Alignments shall be approved by the County Commission, and a record thereof shall be maintained by the County Administrator.

(d)

Where a final Right-of-Way Alignment has not been established for a Designated Corridor, the County shall establish an approximate alignment consistent with the need to avoid development encroachment and provide continuity of the Designated Corridor. Approximate Right-of-Way Alignments shall be approved by the County Commission, and a record thereof shall be maintained by the County Administrator. Until such time as a final or approximate alignment is established for a specific corridor, the approximate right-of-way alignment shall be deemed to be 50 feet on either side of the section line, or other line along which the corridor runs.

(e)

In establishing either a final or approximate Right-of-Way Alignment, the following shall apply:

(1)

The widths as established pursuant to subsection 4.05.02 above shall be used to determine the width of the alignment for the three types of roadway.

(2)

For existing roads, the future centerline shall be the centerline of the existing right-of-way, except where an alternative centerline alignment would be clearly less harmful to the environment, would displace fewer residents and businesses, or is more technically or financially feasible.

(3)

For new roads on new alignments, the alignment shall maintain the continuity of the corridor and minimizes adverse social, environmental and economic impacts of the transportation project.

(Ord. No. 07-08, § 1, 7-2-2007)

(a)

Where a final Right-of-Way Alignment has been established for a Designated Corridor, all proposed structural improvements shall conform with the building setbacks in that land use district and such setbacks shall be measured from the identified right-of-way line for the new alignment.

(b)

Where an approximate alignment has been established, the right-of-way line so established shall be the basis for applying normal setbacks as specified in this Code. When the specific alignment is later established through engineering study and design, the setback may be reduced through the established deviation process, provided that such reduction is necessitated solely by the final alignment of the right-of-way.

(c)

Reduction of rear- and side-yard setbacks may be considered through the general variance procedure to ensure that structures do not encroach into final or approximate Right-of-Way Alignments.

(Ord. No. 07-08, § 1, 7-2-2007)

(a)

Where a development project is proposed and land within the development site is also within an approximate or final Right-of-Way Alignment, the following shall apply:

(1)

At any time during the approval process for the project, the developer may voluntarily dedicate to the County such lands that are within the development site and also within the identified right-of-way.

(2)

If a voluntary dedication is not made, the County may condition final development approval on the dedication to the County of such lands that are within the development site and also within the identified right-of-way. In order to make such a dedication a condition of final development approval, the County shall find a rational nexus between the required dedication of land and the impacts of the project on the transportation network. When a development application proposes to generate trips on adjacent roadway facilities (both existing and/or proposed), the County may presume there is a nexus.

(b)

A dedication required under this section shall be shown on the final site plan or plat, or by deed or other instrument acceptable to the County. Dedication shall be completed prior to or simultaneous with the issuance of final development order or recording of the final plat. If final approval of the application is denied, any deed or other instrument of dedication shall be voided and returned to the applicant.

(Ord. No. 07-08, § 1, 7-2-2007)

(a)

One or more of the following incentives may be provided to landowners who dedicate property determined by the County as necessary for corridor protection:

(1)

If the right-of-way is dedicated to the County, the County may approve the on-site transfer of development rights, based on the gross density or intensity allowable on the site prior to any set-aside for future right-of-way. The transfer will be from land needed for transportation right-of-way to other portions of the site, excluding any land required to be dedicated for site-related improvements. Approval of transfer of development rights may include consideration of deviations from site design standards necessitated by the increased net density or intensity of the portions of the site receiving the transfer of development rights.

(2)

Clustering of structures may be allowed to preserve the full development rights of the property while siting structures to avoid encroachment into the corridor. Clustering of structures under this provision may include deviations to reduce setbacks between buildings within a project site, reduction of buffers within a project site, or deviations from other related site design requirements. This provision is not intended to reduce perimeter buffers designed to ensure compatibility of proposed development with adjacent uses.

(3)

The value of the dedicated right-of-way may be eligible as a credit toward the transportation impact fees and/or cost of concurrency mitigation activities triggered by the project, consistent with the Gilchrist County Concurrency Management System.

(b)

The County may elect to not apply certain provisions of this Section to a particular parcel of property if it is determined that application of such provisions would prevent all economically beneficial use of the property.

(Ord. No. 07-08, § 1, 7-2-2007)