18-3013 Establishing A Vested Rights Procedure for Vesting from Educational System Impact Fees

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(c) A non-binding conceptual site plan or bubble plan or a survey/sketch of description of the subject property to be subject to the Vesting Agreement showing: (i) The overall parcel; and (ii) The anticipated number and types of residential units; (d) A typed copy of the legal description of the subject property; (e) A statement outlining the background of the project permitting and/or application history and explaining the development process that applicant claims warrants a Vesting Agreement, which shall, at a minimum, establish that prior to April 10, 2018: (i) The City has taken official action specifically with respect to the project, which action may include project approvals from the Development Review Committee, boards and/or commissions, as well as approval of a Vesting Agreement; and (ii) Extensive obligations or expenses (other than land purchase costs and payment of taxes) including, but not limited to, legal and professional expenses related directly to the project have been incurred or there has otherwise been a substantial change in position by the applicant; and (iii) Such obligations, expenses and change in position were undertaken by the applicant in good faith reliance on the actions taken by the City, including those actions taken during the application process for governmental approvals; and (iv) It would be unfair to deny the applicant the opportunity to complete the project based on the Educational System Impact Fee rates in effect as of January 8, 2018. (2) Process. The applications should be submitted to the City Manager who will determine, in conjunction with the Community Development Department, whether the application meets the requirements of this Resolution. The City Manager shall complete the initial application review within five (5) business days of receipt of a complete application. If the City Manager determines the application meets the requirements of this Resolution, the City Manager will place the Vesting Agreement on the next available agenda for approval by the City Commission. (3) Deadline for Application. All applications must be received no later than March 26, 2018. (4) Revocation. Building permits for all or part of the project must be issued within 1 year from the date of a Vesting Agreement, or the Vesting Agreement will be revoked. If building permits for all or part of the project are issued within 1 year from the date of a Vesting Agreement, the entire project shall be vested for the payment of educational system impact fees at those rates in effect prior to January 8, 2018 and such vesting shall run with the land. Resolution 18-3013 Page 2