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 Lake County
 Code of Ordinances
 Appendix A. LOCAL LAWS
 Chapter V. CONCURRENCY MANAGEMENT

  § 5.09.00. Concurrency Appeal/Mitigation Process (Non-Transportation).  

Latest version.

  • 5.09.01 Scope and Purpose. The purpose of this Section is as follows:

    (1)

    To provide to the applicant whose application for a Capacity Encumbrance Letter for other than Transportation impacts has been denied a procedure for the appeal of that denial, or for the appeal of any decision made by the County Manager in the administration of the concurrency management System, and/or

    (2)

    To provide a procedure for other than Transportation impacts by which an applicant who proposes to meet the requisite Level of Service standards may propose a mitigation plan, and for that mitigation plan to be reviewed and considered by the County and, if approved (whether as submitted or as subsequently modified), for the issuance of a Capacity Encumbrance Letter (which Capacity Encumbrance Letter of concurrency Shall contain conditions for its issuance).

    5.09.02 Submittal of Appeal/Mitigation Plan (Other Than Transportation).

    (1)

    Application. An application for an appeal or an applicant's mitigation plan proposal Shall be submitted to the County Manager and Shall include the following:

    (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);

    (g)

    Copy of application for Capacity Encumbrance Letter;

    (h)

    Application fee; and

    (i)

    Copy of Capacity Encumbrance Denial Letter.

    (2)

    Appeal. 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)

    Mitigation. If the applicant is proposing a mitigation plan, an application which incorporates the mitigation plan and which conforms to the submittal requirements of this article in regard to a mitigation plan Shall be submitted to the County Manager or Designee. No application Shall be deemed accepted unless it is complete. A fee for filing a mitigation plan Shall be established by resolution of the Board of County Commissioners.

    (a)

    The application should include a conceptual mitigation strategy explaining how the proposed mitigation strategy significantly benefits the impacted System.

    (b)

    The County Manager or Designee will review the conceptual mitigation strategy and will make a recommendation to the Board of County Commissioners for direction on whether to proceed with the mitigation.

    (c)

    Upon approval of the conceptual mitigation strategy by the Board of County Commissioners, the Board will direct the County Manager or Designee to negotiate a developer's agreement addressing the terms of the mitigation plan between the applicant and the County.

    (d)

    The developer's agreement must be approved by the Board of County Commissioners. The developer's agreement and the conceptual mitigation strategy may be approved at the same meeting of the Board of County Commissioners.

    (e)

    Upon approval of the developer's agreement, a Capacity Encumbrance Letter will be issued pursuant to the terms of the agreement. Any agreement which applies to school capacity must be approved by the Lake County School Board.

    (f)

    In extraordinary circumstances where substantial contributions have been made, the time frame for the initial reservation of capacity Shall not exceed ten (10) years; provided, however, that prior to the expiration of the initial reservation period, the applicant may request an amendment to the developer's agreement to extend the reservation period, and may be entitled to one (1) extension to a term determined at the time the agreement is negotiated, upon showing that the Development is proceeding in good faith during the initial reservation period. The length of the reservation period Shall be kept as short as possible and Shall be determined during the negotiation process based on then-current data.

    (g)

    Failure of the Development to continue in good faith during any extension of the reservation period Shall be grounds for the Board of County Commissioners to terminate the reservation after giving the applicant not less than thirty (30) days written notice of intent to terminate the reservation and providing the applicant is given an opportunity to be heard on the issue of whether the Development has proceeded in good faith during the extended reservation period.

    5.09.03 Appeals to Board of Adjustment.

    (1)

    Any appeal filed pursuant to this Section will be heard by the Board of Adjustment. Such request Shall include a summary of the decision being appealed and the basis for the appeal.

    (2)

    Any decision of the Board of Adjustment Shall be final County action on the appeal.

    (a)

    The Board of Adjustment may deny or approve (with or without conditions) the application, or may return the application to the County Manager or Designee for further consideration with or without comments or directions.

    (b)

    The Board of Adjustment Shall review the application on the same basis and in accordance with the procedures of this Ordinance. An approval issued by the Board of Adjustment Shall have the same effect as an approval by the County Manager or Designee, and Shall accordingly enable the County Manager or Designee to issue a Capacity Encumbrance Letter which may contain such conditions as the Board of Adjustment may require.

(Ord. No. 2009-39, § 2, 7-21-09)