concurrency developer's forum 11/2015

Orange County Government

November 10, 2015

Developer’s Forum

Concurrency Management Process & Administration

• Concurrency Process

• Vested Rights Process

• Technology Improvements

• Customer Tips

PRESENTATION OUTLINE

Concurrency Process

What is Concurrency?

• Legislation requiring that public facilities and services needed to offset the impacts of new development be available concurrent with those impacts

• Recently made optional for local governments

• Orange County continuing with current policy

Concurrency Process

Concurrency Administration

• Concurrency Management Office

Permit / Plat Reviews Receives applications Compiles agency reviews Issues determinations Collects reservation fees Maintains records & files Capacity banks and reports

Concurrency Process

Concurrency Administration

• Concurrency Reviews

Roads Schools Parks Water Wastewater Solid waste Stormwater Mass transit

Concurrency Process

Concurrency Administration

• Per County Ordinance:

Change of Use Commercial Site Plans Non-residential Subdivision Plan Development Plans (DPs) Preliminary Subdivision Plans (PSPs)

Concurrency Process

Types of Applications

• Capacity Information Letter (CIL) – 10 days • De minimis (DEMI) – 10 days • Capacity Encumbrance Letter (CEL) – 21 days • Reservation Application – 14 days • Vested Rights Application – 45 days • Horizon West Plat Verification – 10 days

Concurrency Process

Concurrency Office Issues

Determination Letter

Approved

Denied

RAC or

OCPS

Mitigation Application

Encumbrance Reservation Application

Agency Reviews Compiled

Application(s) Submitted

Application Process

Concurrency Process

Application Process (Encumbrance)

• Reviews are sent to the Concurrency Office for final determination and letter issuance

• Capacity Encumbrance Letter – Encumbers capacity for 180 days Automatic email notification Up to an additional 180 days

upon extension request

Concurrency Process

Application Process (Reservation)

• Reservation fees

Fixed reservations (1 - 3 years): equal payments of reservation fees due annually

Flexible reservations (3 yrs): paid in full

• Reservation fees applied toward impact fee payments at permitting Assignment requests Credit letter issuance

Concurrency Process

Transportation Concurrency Review

1) Trip generation review and Level of Service evaluation - If development generates less than 50 pm peak

hour trips County will conduct Study unless developments located on a deficient roadway

2) Determination of deficiencies – Latest CMS information provided to Applicant – Applicant utilizes CMS information for background

traffic and adds project traffic to determine future conditions

Concurrency Process

Transportation Concurrency Review

3) Approval or Denial – If capacity is available, an approved encumbrance

letter is issued – If any impacted roadways are deficient, a denial

letter is issued – Prop share mitigation application submitted

within 60 days • County handles appeal process for denials through

the Roadway Agreement Committee (RAC) • Prop share agreements negotiated by RAC and

approved by the BCC

Concurrency Process

School Concurrency Review

• Review of school concurrency included with existing consolidated County review process

• County issues concurrency determinations based upon OCPS recommendations

• OCPS responsible for appeal process for denials • Capacity Mitigation Agreements are handled by

OCPS, reviewed by OC legal, and approved by the BCC

• Capacity Enhancement Agreements are separate from concurrency and mitigation is applied as credits

Concurrency Process

School Concurrency Review (CEA vs. CMA)

Concurrency Process

Residential Development Process

Future Land Use Zoning Preliminary

Site Plan

No capacity issues exist, project

“passes” and does NOT need School Board approval

School Board Review & Decision

AND/ OR

Capacity Enhancement Concurrency

Developer Pays Impact Fees on Units not Subject to

Capacity Enhancement

Developer Prepays

Impact Fees , Pays

Mitigation & Capital

Contribution

Plat/ Site Plan

Building Permit

Vertical Construction

CMA Process

OCPS

Prepare Draft

Contract Legal

Review

School Board

Agenda (x2)

Concurrency Process

Conduct Analysis and Send out Approval or

Denial Letter

APPLICANT

2 WEEKS 2 WEEKS 6 WEEKS

LOCAL GOVERNMENT

Review Draft Contract

Board Agenda

SDRC

Submit Complete

Application

Receive Approval or

Denial Letter

Submit Notice to Proceed

Review Draft Contract

Sign Contract

and Return to

OCPS

Concurrency Process

Typical CMA Conditions • Mitigation based on proportionate share formula • Proportionate share eligible for school impact

fees credits, but credits will not exceed the value of the school impact fee

• Payments due in accordance with the fee schedule set forth in the agreement – Reservation Fee Payment Schedule included in

CMA

• CEA capital contribution credited toward CMA proportionate share – No double payments

Vested Rights Process

• Application is submitted to the Concurrency Management Office and routed to the Legal Department for review

• Reviews are sent to the Concurrency Office for letter issuance

• Per County Ordinance: Common law

Agreements

DRI development order

Approved site plans

Other approved development

Concurrency Overview CEL

Concurrency Overview DEMI

Commercial Plans Review

Residential Plans Review

Fast Track Technology

Future Technology Improvements

• Impact Fee Assessment Commercial Permits

Residential Permits

Use Permits

Demo Permits

• Reservation/Credit Accounts Automated Assignment and

Credit Application

Fast Track

Registered Users

• Concurrency Applications Agent Authorization/Back-up Documentation Specific Expenditure and Relationship

Disclosure Forms Development Program Existing Use vs Proposed Use Transportation Analysis Building Plan with

Area Calculation Revisions

Tips

• Building Permit Reviews Development Program Permit Application Subdivided Property

- Research – Fast Track

• Plat Reviews Development Program Type of Unit Planning Deficiency = OCPS Review Residential Projects Require Reservation Transfer SCA funds to SCRC Horizon West

Tips

Questions

Concurrency