Assuming the development does not have a CLSC, the Developer would submit preliminary development plans to County Staff. Since the project exceeds DRC thresholds, the preliminary development plans require BOCC approval. Since it is a new development, the project will generate traffic, therefore the project is subject to the MMTM program. The developer will be required to submit a MMTM agreement for which the County has already developed a shell agreement and has the option for that agreement to be submitted concurrent with the preliminary development plans for a vote by the BOCC.

As far as development plans, the existing land development code requirements are unchanged with the exception of traffic and concurrency, we require a streamlined traffic analysis that provides trip generation and trip distribution as well as the identification of significantly impacted intersections. Further analysis of intersections and project access may be required. Staff would work with the engineer to determine, what if any additional analysis would be needed based on the overall size of the project. The analysis would have to be submitted before or concurrent with final development plans. The only document required for the MMTM program would be the MMTM agreement which will not have to identify the amount of the mitigation. The agreement only outlines the proposed uses.

Yes. A project the size you described would go to the Board of County Commissioners for review because it exceeds the thresholds set out in the Code for a preliminary development plan review by the Development Review Committee. Since the project requires BOCC approval, the Developer has the option to have the MMTM agreement approved concurrent with preliminary development plan.

No. The actual mitigation amount is established at the time a Developer or contractor applies for a building permit. This is the same process we currently use for determining impact fees. (Note: for shell office or retail buildings, the mitigation would be assessed at the time of building permit application for interior completion). The actual mitigation will be based on the MMTM schedule in effect at the time of building permit application. If the Developer elects to pay the mitigation at final development plan, thus receiving a 15% reduction, the actual mitigation will be based on the MMTM schedule in effect at the time of final development plan approval.

If an individual, other than the Developer, applies for a permit, they are required to submit a disclosure form stipulating who is responsible for payment of the mitigation. Both the Developer and the individual applying for a permit must sign the disclosure form. It is up to the Developer and an entity applying for a permit to work out their own agreement to privately determine responsibility for payment of the mitigation. As far as the County is concerned, it is the Developer who is ultimately responsible for payment of the mitigation.

A development without a valid CLSC is required to enter into a MMTM agreement in order to receive a CLSC. If the Developer can demonstrate that the development does not generate any traffic then a CLSC could be approved. The Developer has an option to provide and alternative analysis that demonstrates the project has less of an impact than projected by the County. The alternative analysis would require a methodology meeting and would have to be found acceptable by the County in order to utilize the alternative analysis. A developer could receive preliminary development plan approval without entering into an agreement. However, a Developer could not receive final development plan approval without entering into a MMTM agreement with the County.

The mitigation is calculated at the time of building permit application where the physical building dimensions are known. The mitigation is typically based on the square footage of both residential and non-residential uses. For some uses, there is a different unit of measure, such as the number of rooms for a hotel or the number of screens in a movie theater. A MMTM schedule will be available at the County Building Division and on the Growth Management website that indicates the type of use, the unit of measure and the required mitigation.

If a Developer elected to pay the MMTM at the time of final development plan approval, the square footage of most non-residential uses and multi-family uses is known. Typically basic architectural drawing is submitted with final development plans for non-residential and multi-family residential uses. In the agreement, there will be a provision that states the actual square footages will be verified at building permit application.

In the case of single-family residential uses, both attached and detached, where the Developer elects to pay the mitigation at final development plan, the County would work with the Developer to determine a reasonable square footage based on the projected type of residential uses. The agreement would include a provision regarding verification of the square footage and a process agreeable to both the Developer and the County to address differences in the projected square footage. Over the course of developing 100 plus units, it is highly likely that some units will be less or more than the standard, but come close to averaging out as the development approaches completion. In these cases you would work down on the sq ft that had been mitigated for. If there was additional sq ft for say the last few units, it could be mitigated at the time of building permit for those units (without the discount).The intent of staff is to have the BOCC adopt the MMTM program to simplify the concurrency process and for County staff, based on direction from the BOCC, to work with Developers to make the process as a efficient and effective as possible.

No. MMTM payments are made at either final development plan, building permit application or final inspection.

Once a Developer enters into an MMTM agreement and the agreement is adopted by the BOCC, and the developer pays the mitigation per the timing identified in the agreement, the County could not deny the development because of transportation concurrency. To be clear, entering into a MMTM agreement only satisfies the developments transportation concurrency requirements. The development is still required to meet all other requirements of the comprehensive plan and land development regulations. If a development is subsequently denied for some other Comp Plan or Code reason the agreement would be null and void (no development = no transportation impact = no mitigation). The County would not conduct a final inspection for a building if the mitigation is not paid for that building. Continued failure to comply with an agreement would eventually have some repercussion, but it would be based on the specific circumstances of the development. The County is also unlikely to force any changes to a development plan.

The process for the MMTM program was described above. Once the Development has signed a MMTM agreement with the intent to pay mitigation consistent with the agreement timing, the Developer has addressed their transportation concurrency. A final inspection will not be conducted for a building until the mitigation has been paid. As far as development entitlements, the allowable residential and non-residential uses are typically approved at preliminary development plan. Final development plan approval indicates the Developer has designed the development in accordance with all applicable land development policies and regulations. All of my answers have been based on what staff has proposed. The County Commission will have final say on the proposed ordinance so some of the specifics might change but I trust you will be involved in that process. After that takes place we can update this document and possibly create a FAQ based on the adopted ordinance.