Oviedo City Zoning Code

(A)

Concurrency is a finding that the public facilities and services necessary to support a proposed development are available, or will be made available, concurrent with the impacts of the development. The provisions of this article are designed to provide a systematic process for the review and evaluation of all proposed development for its impact on basic public facilities and services, as required by the Local Government Comprehensive Planning and Land Development Regulation Act, F.S. Ch. 163, Pt. II.

(B)

No final development order shall be granted for a proposed development until there is a finding that all public facilities and services included in this article have sufficient capacity at or above their adopted level-of-service (LOS) to accommodate the impacts of the development, or that improvements necessary to bring facilities up to their adopted LOS will be in place concurrent with the impacts of the development.

(A)

Public Facilities and Services for which Concurrency is Required.

(1)

The provisions and requirements of this article shall apply only to those public facilities and services listed below:

(a)

Sanitary sewer.

(b)

Solid waste.

(c)

Stormwater (drainage).

(d)

Potable water.

(e)

Recreation.

(f)

Open space.

(2)

In no case shall a development order be issued for a minimum threshold project which would impact a public facility for which a moratorium or deferral on development has been placed.

(3)

The City shall not issue a development order unless or until there is a concurrency finding for the development.

(4)

The City shall require language within a development agreement stating the following:

(a)

The maximum number of units for residential uses and the maximum square feet for non-residential uses are not guaranteed until there is a concurrency finding for the development.

(b)

The developer/property owner acknowledges that the number of residential units and square footage of non-residential development that may ultimately be developed pursuant to the development agreement shall not exceed what is supported by the future concurrency findings for the development.

(5)

The mitigation of off-site transportation impacts for development shall be addressed through payment of mobility fees to the City.

(6)

Amendments to the Future Land Use Map or element that result in an increase in density or intensity may be required to evaluate and mitigate transportation impacts for the increased development.

(B)

Development Subject to Concurrency Review. Unless specifically exempted below, all applications for a development order shall be subject to concurrency review.

(1)

Vested Projects. Projects which are determined in accordance with the City's vesting requirements to have vested rights with regard to the concurrency requirement shall be exempt from the provisions of this article.

(2)

Minimum Threshold. The following development shall be exempt from concurrency review:

(a)

Residential projects which would create one (1) additional single-family homesite;

(b)

Non-residential expansions of up to ten (10) percent of the existing gross floor areas, providing such expansion is estimated to create one (1) equivalent residential unit of utility demand or less;

(c)

Non-residential developments meeting the de minimis standards under F.S. § 163.3180(6); and

(d)

Construction of accessory buildings and structures which do not create additional public facility demand.

(C)

Minimum Requirements for Concurrency. To ensure that public facilities and services necessary to support development are available concurrent with the impacts of said development, the standards in Subsections (1) through (2), below, shall be met. In determining the availability of services or facilities, a developer may propose and the City may approve, developments in stages or phases so that facilities and services needed for each phase will be available in accordance with the standards required by F.S. § 163.3180.

(1)

For Potable Water, Sewer, Solid Waste and Drainage. The following standards shall be met:

(a)

The necessary facilities and/or services shall be in place at the time the certificate of occupancy is issued;

(b)

All development orders or permits shall be issued subject to the condition that the certificate of occupancy will be issued only if the necessary facilities and services will be in place when the impacts of development occur;

(c)

The necessary facilities shall be under construction at the time the development permit is issued; or

(d)

The necessary facilities and services are guaranteed in an enforceable development agreement. An enforceable development agreement may include, but is not limited to, development agreements pursuant to F.S Ch. 163.3220, an agreement or development order issued pursuant to F.S. Ch. 380, and non-statutory development agreements. The agreement shall guarantee that the necessary facilities and services will be in place when the impacts of the development occur.

(2)

For Parks and Recreation. The following standards shall be met:

(a)

At the time the development order or permit is issued, the necessary facilities and services shall be the subject of a binding executed contract which provides that parks and recreation facilities to serve new development shall be in place or under actual construction no later than one (1) year after issuance of a certificate of occupancy; or

(b)

The necessary facilities and services shall be guaranteed in an enforceable development agreement which requires the commencement of the actual construction of the facilities or the provision of services within one (1) year of the issuance of the applicable development permit. An enforceable development agreement may include, but is not limited to, development agreements pursuant to F.S. § 163.3220, an agreement or development order issued pursuant to F.S. Ch. 380, and non-statutory development agreements.

(D)

Concurrency Administration. The City shall be responsible for the following five (5) primary tasks associated with administration of this article:

(1)

Creating and maintaining an inventory of existing public facilities, capacities, or deficiencies;

(2)

Determining concurrency of pending development order applications; that is, development orders that do not have a concurrency determination;

(3)

Providing advisory concurrency assessments and recommending conditions of approval for all development orders;

(4)

Conducting an annual review of the five-year schedule of capital improvements in the Capital Improvements Element (CIE) and modifying as necessary, to maintain financial feasibility pursuant to F.S. § 163.3164(32); and

(5)

Annually reporting the status of all public facilities capacities covered under this article to the City Council, the City Manager and the public.

The adopted level-of-service standards for those public facilities for which concurrency is required shall be those established in the Comprehensive Plan.

The requirements of this section are applicable to amendments to the Future Land Use Element of the Comprehensive Plan or map that result in an increase in density or intensity and the evaluation of development access connections to the multimodal transportation system.

(A)

Transportation. The current edition of the Trip Generation Report, prepared by the Institute of Transportation Engineers (ITE) shall be used to calculate average daily and peak hour trip ends generated by new development. Adjustments to these estimates may be made based on information supplied by the applicant and generally acceptable traffic engineering practice, as accepted by the City Engineer and/or the City Engineer's designee and/or the City's Transportation Engineering Consultant.

(1)

Traffic Operational Analysis Required. All new developments shall be required to submit trip generation data which identifies "a" and "b" below. The City will review the traffic data submitted and determine if a more extensive review of traffic impacts is required. Such an analysis shall include the following:

(a)

Projected average daily trip ends for the proposed development.

(b)

Maximum projected peak-hour trip ends generated by the development.

(c)

Design capacity of the accessed street(s).

(d)

Analysis of traffic distribution for both daily and PM peak hour/peak direction conditions on the street network including all street sections within one (1) mile of each site access point to a collector or arterial street, to the extent that new trips with one (1) end in the project represent more than ten (10) percent of the street capacity. The street sections may be limited for the evaluation of development access connections.

(e)

Projected percentage of truck and bus traffic.

(f)

Necessary operational improvements to the City's multimodal transportation system within the City based on requirements of the Comprehensive Plan.

(g)

Intersection analysis for major intersections for all affected streets as described in item (d). Major intersections shall be determined by the City.

(h)

Other related information as required by the City.

(B)

Sanitary Sewer.

(1)

The City's standard for estimating sanitary sewer demand shall be one (1) equivalent residential unit (ERU). An ERU equals three hundred (300) gallons per day (gpd) unless otherwise established for a private provider by the Public Service Commission.

(2)

For uses other than residential, the generation standards shall be determined in compliance with all applicable City ordinances and approved City engineering standards.

(C)

Solid Waste.

(1)

The City encourages all development to make accommodations for recycling solid waste.

(2)

Developers shall obtain a letter from Seminole County verifying that the County has sufficient available capacity to serve the proposed development.

(3)

Commercial, institutional and industrial developments which are potential hazardous waste generators shall be responsible for coordinating with Seminole County for disposal of such waste. Written approval shall be obtained from the County and submitted to the City that the hazardous waste to be generated by the proposed development can be accommodated at the County's landfill or directed to an alternative licensed disposal facility.

(D)

Stormwater (Drainage). A stormwater (drainage) plan, including drainage calculations for pre- and post-development conditions based on the stormwater management requirements of this LDC, the Engineering Standards Manual, and State and Federal regulations, shall be prepared for all developments.

(E)

Potable Water.

(1)

The City's standard for estimating potable water demand shall be one (1) equivalent residential unit (ERU). An ERU equals three hundred fifty (350) gallons per day (gpd) unless otherwise established for a private provider by the Public Service Commission.

(2)

For uses other than residential, the applicant shall figure anticipated flow in accordance with Ordinance No. 1148 of the City of Oviedo. Additionally, commercial, institutional and industrial developments shall provide the City with a description and estimate of water use needs for any special processes involving potable water.

(F)

Recreational and Open Space.

(1)

Residential Developments. Recreational impacts of proposed residential developments shall be based on the anticipated total number of persons residing in the development, calculated by using the persons per household standard included in the current Comprehensive Plan.

(2)

Office Commercial/Institutional/Industrial Developments. Office, commercial and industrial developments shall not be assessed as having an impact on recreational facilities. The City may, however, require the provision of recreational facilities as part of planned unit developments.

(3)

Open Space. Open space impact shall be calculated as twenty-five (25) percent of the total development area.

(A)

The City shall be responsible for conducting all concurrency reviews as required by this article. Concurrency review shall be initiated upon receipt of a completed development order or development permit application, accompanied by the appropriate fee. The City may also conduct concurrency reviews for developments in the pre-application or conceptual development plan stage, and issue a non-binding letter of concurrency findings. Such requests for concurrency review shall require the submission of a review fee.

(B)

Review and approval of a proposed development may be postponed for a reasonable time period in order for required information to be assembled. Failure of the applicant to provide adequate information on the anticipated project impacts in a timely fashion, however, shall constitute sufficient grounds to deny the project.

(C)

Application. All development applications subject to concurrency review as required by this article shall include a completed concurrency review form containing the following information:

(1)

Description and estimate of water use needs.

(2)

Description and estimate of wastewater generation.

(3)

Description and estimate of solid waste generation.

(4)

Stormwater drainage calculations.

(5)

Description and estimate of recreation and open space needs.

(6)

Other information required by the City to conduct a complete and accurate review.

(D)

Project Impact Assessment.

(1)

Existing Conditions. To conduct its assessment of the anticipated impacts of a proposed development on public facilities, the City shall use its inventory of public facilities capacities as a base for the establishment of existing conditions.

(2)

Impact Assessment. Using its own information and that supplied by the applicant in compliance with Subsection 9.3(A) above, the City shall calculate the anticipated impacts of a proposed development for all applicable public facilities listed in Section 9.3, adopted level-of-service (LOS) standards, of this article. The impacts of the proposed development shall then be assessed against the existing conditions established above.

(E)

Project Phasing/Timing of Improvements. Public facility improvements associated with a phased development may also be phased, provided that all public facility improvements necessary to accommodate the impacts of the entire development are to be provided and a schedule established for their construction prior to the issuance of a building permit. The schedule of facility improvements shall ensure that all facility improvements necessary to accommodate the impacts of the development (or portion thereof) for which a certificate of occupancy has been applied, shall be in place prior to the issuance of the certificate. Under no circumstances shall the final certificate of occupancy be issued for a project unless all required facility improvements required by the development order or development agreement have been completed.

(F)

Concurrency Findings. Upon the conclusion of the concurrency review, the City shall prepare a written set of findings concerning the proposed development. These findings shall include, but are not limited to:

(1)

The anticipated public facility impacts of the proposed development;

(2)

The ability of existing facilities to accommodate the proposed development at the adopted level of service standards;

(3)

Any existing facility deficiencies that will need to be corrected prior to the completion of the proposed development;

(4)

The facility(s) improvement or additions necessary to accommodate the impact of the proposed development at the adopted level(s) of service standard(s) and the entity(s) responsible for the design and installation of all required facility improvements or additions; and

(5)

The date such facility(s) improvement(s) or additions will need to be completed to be concurrent with the impacts on such facility(s) created by the proposed development.

(A)

Capacity Encumbrance. If the concurrency findings in Subsection 9.5(F), concurrency findings, reveal that the capacity of public facilities is equal to or greater than that required to maintain the adopted level-of-service for said facilities, the City shall encumber, or recommend to City Council the encumbrance of, public facility capacity necessary for the proposed development. Capacity encumbrances shall be made on a first-come, first-served basis, based on the date of project approval by the development order approving authority. Capacity shall be encumbered as specified in the development order and shall be valid only for the specific land uses, densities, intensities and construction and improvement schedules contained in the development order and any applicable development agreements for the property. A finding of concurrency shall encumber public facility capacity for the project through subsequent final development orders required for project completion as long as the development order remains valid and development continues in good faith; however, a finding of concurrency shall be valid for a maximum of two (2) years or as otherwise provided by a development agreement. The expiration date of a final development order shall not be extended without reassessing concurrency in accordance with this article. A developer may reserve capacity for five (5) years for potable water and sewer upon payment of connection and capital recovery fees for the development.

(B)

Project Deferrals/Development Moratoriums. If, at any time the City's inventory of public facilities capacities indicates that a public facility has dropped below its adopted level-of-service, then the City shall cease to issue development orders for projects which would impact the deficient facility(s) or area of facility operations, as defined within this Land Development Code. Such a suspension or moratorium on the issuance of development orders shall continue until such time as the adopted LOS standard is reestablished or the Comprehensive Plan is amended to reflect a lower, acceptable community standard for the facility(s) in question.

(C)

Concurrency Denials. In the event that the City's concurrency review reveals that the proposed development would generate public facility impacts beyond that which can be absorbed by available capacity, the City shall ensure that there is a financial or other legally binding commitment to ensure that public facilities necessary to correct the anticipated deficiency will be in place concurrent with the impacts of the proposed development. Should the City and/or a developer be unable to provide such assurances, the project shall be denied. Projects denied due to failure to meet concurrency requirements, but for which all other development requirements have been met, shall be placed on a prioritized list for approval of development orders once facility improvements have been made.

(D)

Capacity Reservation for Public Purpose. The City may reserve capacity for a particular land area or specific land use, provided such reservation is in accord with a specific development or redevelopment strategy identified in the Comprehensive Plan which serves an overriding public purpose. Any such capacity reservation shall be noted in the annual report on public facilities and capacities made available to the City Council and the public each year, as required by Section 9.8, status report/required capital facilities improvements, below.

The City shall regularly monitor the cumulative effect of all approved development orders on the capacity of public facilities. On an annual basis, the City shall prepare and present to City Council and the public a report on the public facilities capacities and level of service inventory for concurrency management. This report shall include the degree of deficiency(s) will have on the approval of future development orders. The appropriate City staff shall then recommend a schedule of improvements necessary.