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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
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
