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HomeMy WebLinkAboutOrdinance 94-03 ORDINANCE NO. 94-03 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, REPEALING ARTICLE IX OF CHAPTER 180 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE; ENACTING AND ADOPTING A NEW ARTICLE IX OF CHAPTER 180, RELATING TO CONCURRENCY; ESTABLISHING PROCEDURES AND PROCESSES FOR CONCURRENCY MANAGEMENT, INCLUDING DEFINITIONS, VESTED RIGHTS, SCOPE, APPLICABILITY AND EXEMPTIONS, PROCEDURES, DEVELOPMENT RESTRICTIONS, TRANSPORTATION CAP ACITY RESER V A TION CER TIFICA TES, ADMINISTRA TIVE APPEALS, INFRASTRUCTURE CAPACITIES AND LEVEL OF SERVICE INVENTORY FOR CONCURRENCY MANAGEMENT, GENERAL RULES FOR CONCURRENCY ASSESSMENT, FACILITY SPECIFIC RULES FOR CONCURRENCY ASSESSMENT, AND INFRASTRUCTURE LEVEL OF SERVICE INVENTORY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee desires to provide for new procedures and processes for concurrency management; and WHEREAS, pursuant to the provisions of Chapter 163, Florida Statutes, the Ocoee Planning and Zoning Commission, acting as the Local Planning Agency of the City, has held a public hearing on March 8, 1994 to review the relationship between this Ordinance and the Ocoee Comprehensive Plan and following such hearing found this Ordinance to be consistent with the Ocoee Comprehensive Plan, and in the best interests of the City of Ocoee and recommended that the City Commission adopt this Ordinance. WHEREAS, pursuant to Chapter 163 and Section 166.041(3)(c), Florida Statutes, the Ocoee City Commission held public hearings on this Ordinance on March 15, 1994 and on April 5, 1994, after public notice and received public input with respect thereto; and WHEREAS, the City Commission of the City of Ocoee fmds and determines that this Ordinance is consistent with and implements the City of Ocoee Comprehensive Plan and that adoption thereof is in the best interest of the City of Ocoee. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA AS FOLLOWS: SECTION 1. Authority. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VITI of the Constitution of the State of Florida and Chapters 163 and 166, Florida Statutes. SECTION 2. Repeal of Article IX of Chapter 180. Article IX of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida, is hereby repealed in its entirety. SECTION 3. Concurrency. A new Article IX of Chapter 180 of the Code of Ordinances of the City of Ocoee is hereby adopted and shall read as follows: See Exhibit "A" attached hereto and by this reference made a part hereof. SECTION 4. Conflicts. All ordinances, resolutions, parts of ordinances or parts of resolutions of the City of Ocoee in conflict herewith are hereby repealed and rescinded. SECTION 5. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 6. Codification. It is the intention of the City Commission of the City that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City; and that sections of this Ordinance may be renumbered or relettered and the word "ordinance" may be changed to "chapter", "section", "article", or such other 2 appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the code is accomplished, sections of this Ordinance may be renumbered or relettered and the correction of typographical errors which do not affect the intent may be authorized by the City Manager, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. SECTION 7. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this .r1{dayof A-PR/L . ,1994. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA (SEAL) ADVERTISED March 3 , 1994 AND ADVERTISED March 24 , 1994 READ FIRST TIME March 15 1994 , READ SECOND TIME AND ADOPTED A-fJf(fL ~ ,1994, . UNDER AGENDA ITEM: NO. -s;r ~ FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS T~.F~~ AND LEGALITY this "!) day of /, , 1994. FOLEY!J LARDNER By: ~J{ ~ City Attorney C:\WP51 \DOCS\OCOE\ORDINAN.l80 12I25194118W015IDPB:dp 3 EXHIBIT "A" ARTICLE IX CONCURRENCY S 9-1 PURPOSE AND GENERAL PROCESS A. The purpose of the Concurrency Management System is to establish the procedures and process that the City of Ocoee will utilize to ensure compliance with Chapter 163, Florida Statutes, as implemented under Rule 9J-5, F.A.C. Consistent with the public health, safety and welfare, infrastructure and services which must be available to serve new development include roads, sanitary sewer, solid waste, drainage, potable water, and parks and recreation. Sanitary sewer, solid waste, drainage, and potable water facilities shall be in place and available to serve new development no later than issuance of a Certificate of Occupancy. Parks and recreation facilities to serve new development shall be in place or under actual construction no later than 1 year after issuance of a Certificate of Occupancy. However, the acreage for such facilities shall be dedicated or acquired by the City prior to issuance of Certificate of Occupancy. Transportation facilities needed to serve new development shall be in place or under actual construction no more than 3 years after issuance of the Certificate of Occupancy. B. The system will consist of three primary components: an inventory of existing infrastructure for which concurrency is to be determined; a concurrency assessment of each application for a development order or permit; and a schedule of deficiencies. Under this system, no development orders or permits may be issued which will cause a public facility to operate below its adopted level of service standard, in accordance with the schedule of facility requirements described in Section 9-1, except for development orders or permits issued for projects or developments which are exempt from this Article pursuant to Section 9-4.B of the Land Development Code. However, development orders and permits may be issued which are conditioned so as to assure that needed public facility improvements will be in place to serve new development as permitted by Section 9J-5.0055 and this Article. 18208 C. In order to ensure that the identified infrastructure facilities included within this system are available to serve new development, a Final Certificate of Concurrency shall be required prior to approval of a Final Plan. All development orders and permits will specify any needed improvements and a schedule for their implementation. Thus, while some required improvements may not have to be completed until a Certificate of Occupancy is applied for, the requirements for the Certificate of Occupancy will have already been specified as a condition of approval of the original development order or permit. If a project is not concurrent under the provisions of this Article, then it may not proceed and no development orders or permits may be issued except as provided in Sections 9-4.A, 9-4.B, 9-6.A, or 9-6.B hereof. If a project fails to meet a condition of approval once it has commenced development, then, in addition to all other remedies available to the City under the Land Development Code and at law and in equity, no additional development orders, permits, or Certificates of Occupancy may be issued until the condition of approval is satisfied. D. An initial determination of concurrency must be performed by the Development Administrator prior to Preliminary Plan approval and a Preliminary Certificate of Concurrency issued setting forth the then current infrastructure status with respect to concurrency. This Preliminary Certificate of Concurrency shall not be binding upon the City and does not reserve any infrastructure capacity. Within thirty (30) working days of receipt of a complete application for a Preliminary Certificate of Concurrency, accompanied by the application fee, the Development Administrator shall issue a Preliminary Certificate of Concurrency. The developer may apply for a Final Certificate of Concurrency anytime after Preliminary Plan approval. E. Final Certificates of Concurrency Except as provided in Sections 9-4 and 9-6 hereof, anytime after Preliminary Plan approval and prior to issuance of Final Plan approval, a development order, or permit, a Final Certificate of Concurrency shall be issued if there are no deficiencies. Such certificate shall be binding on the City in accordance with the terms thereof. If capacity is available, a Final Certificate of Concurrency shall reserve infrastructure capacity in accordance with the following schedules: 18209 (1) Traffic Circulation. For ninety (90) days from date of issuance of Final Certificate of Concurrency. (2) Sanitary Sewer. In accordance with the terms of an independent developer agreement entered into with the City or such City policies as may be applicable to the reservation of sewer capacity. (3) Potable Water. In accordance with the terms of an independent developer agreement entered into with the City or such City policies as may be applicable to the reservation of water capacity. (4) Solid Waste. For one (1) year from date of issuance of Final Certificate of Concurrency. (5) Stor.mwater Drainaqe. For one (1) year from date of issuance of Final Certificate of Concurrency, subject to obtaining Final Plan approval, if applicable, in compliance with the Land Development Code or other such stormwater drainage approvals as may be required by the Land Development Code. (6) Recreation. For one (1) year from date of issuance of Final Certificate of Concurrency. Within thirty (30) working days of receipt of a complete application for a Final Certificate of Concurrency, accompanied by the application fee, the Development Administrator shall, (i) if capacity is available, issue a Final Certificate of Concurrency or, (ii) if capacity is not available in whole or in part, deny the application and set forth the specific deficiencies in such denial. Upon issuance of a Final Certificate of Concurrency, the Development Administrator shall transfer the requested capacity to the reserved capacity bank. A valid Final Certificate of Concurrency shall evidence satisfaction of all concurrency requirements with respect to the issuance of the building permits related thereto, subject to the terms and conditions of such Final Certificate of Concurrency. In the event all or a portion of the Final Certificate of Concurrency has expired, it will be necessary to reapply to the City for a new Final Certificate of Concurrency with respect to portions of the original Final Certificate of Concurrency which have expired, except for those portions of the project for which building permits and/or Certificates of Occupancy have been issued 18210 provided that any such permits remain in effect. A Final Certificate of Concurrency may only be renewed once for traffic circulation. After the second 90 day reservation, the term of the Final Certificate of Concurrency may be extended for one (1), two (2), or three (3) years with respect to traffic circulation by obtaining a Transportation Capacity Reservation Certificate pursuant to Section 9-7 hereof. Except as aforesaid, the Final Certificate of Concurrency is non- renewable and cannot be extended. F. The City Commission may from time to time approve by Resolution such application forms and certificates as it may determine to be necessary for the implementation of this Article, including, but not limited to, application forms for Preliminary and Final Certificates of Concurrency. ~ 9-2 DEFINITIONS A. The following definitions are in addition to the general definitions included in Article II of the Land Development Code. (1) Infrastructure: Roads, potable water facilities, sanitary sewer facilities, drainage facilities, solid waste facilities, and park facilities. (2) Vested Pro;ect: A project which has been found by the City to be vested pursuant to Section 1-5.1 of this Code and is in compliance with the terms and conditions of any Certificate of Vesting issued by the City. (3) Preliminary Plan: A Preliminary Site Plan or a Preliminary Subdivision Plan as set forth in Article IV of this Code. (4) Final Plan: A Final Site Plan or Final Subdivision Plan as set forth in Article IV of this Code. (5) Certificate of Occupancy: A Certificate of Occupancy or its functional equivalent issued by the City in accordance with this Code and the Code of Ordinances of the City. (6) Developer: Means and refers to the developer and/or applicant, as the case may be, as defined in Article II of this Code. 18211 s 9-3 VESTED RIGHTS Nothing in this Code or in the City of Ocoee's Comprehensive Plan shall limit or modify the rights of any developer to complete a project that has been found to have vested rights pursuant to the provisions of Section 1-5.1 of the Land Development Code. Any such project shall not be subject to the requirements of the Comprehensive Plan, including those requirements relating to concurrency. Such a vested project shall be subject to the land development regulations in existence at the time the project was issued a final development order, unless otherwise set forth in the Certificate of Vesting. The development of a vested project must occur in a manner consistent with the final development order and its Certificate of Vesting in order to maintain the vested status of the project. s 9-4 SCOPE, APPLICABILITY, EXEMPTIONS A. Exempt Development Development pursuant to a building permit issued prior to July 21, 1992 and consistent with the adopted Comprehensive Plan of the City shall be exempt from the requirements of this Article provided, however, that no such building permit shall be extended except in conformance with this Article. If the Building Official determines a building permit has lapsed or expired, then no subsequent building permit shall be issued except in accordance with this Article. In addition, if the Director of Planning determines that the developer is proposing a change in the plan of development resulting in impacts on infrastructure and services greater than those impacts caused by the previously permitted development, then no such change shall be approved except in accordance with this Article. B. Exempt and/or De Minimis Development All new development or redevelopment shall adhere to the requirements of this Article except for the following development which is hereby made exempt from this Article: (1) Any addition to a single family dwelling. (2) Any addition, expansion, or improvement to any other structure or use where such addition, expansion, or improvement can be shown to have no net increase in the demand for infrastructure. 18212 (3) Any replacement of a structure or use by a similar structure or use where such replacement can be shown to have no net increase in the demand for infrastructure. (4) Any change of use which reduces demand for all infrastructure facilities, even if the infrastructure serving the former use or activity was over capacity. (5) Any vested project pursuant to Section 1-5.1 of the Land Development Code. (6) Any project or development that impacts the affected transportation facility by less than 0.1 percent of the maximum volume of the adopted level of service and that is caused by an increase in density or intensity that is less than or equal to twice the density or intensity of the existing land use or, in the case of vacant land, is a density of less than 1 dwelling unit per quarter acre or a floor area ratio of 0.1 for non- residential uses. (For transportation facilities only. ) C. Applicability (1) Prior to the approval of a Preliminary Plan which sets specific densities and intensities of development, all applications shall be reviewed by the Development Administrator for an initial determination of concurrency consistent with the provisions and requirements of this system. Final Certificates of Concurrency may be issued only upon finding by the City that the infrastructure addressed under the Concurrency Management System shall be available as described below. Final development orders or permits may only be issued for projects which have received a Final Certificate of Concurrency, unless exempt pursuant to Section 9-4.B of this Article or otherwise authorized pursuant to Section 9-6.A of this Article. (a) Sanitary sewer, solid waste, drainage, and potable water faciliites shall be in place and available to serve new development no later than the issuance of a Certificate of Occupancy. (b) Parks and recreational facilities to serve new development shall be in place or under 18213 actual construction no later than 1 year after issuance of a Certificate of Occupancy. However, the acreage for such facilities shall be dedicated or acquired by the City prior to issuance of a Certificate of Occupancy or funds in the amount of the developer's fair share for land and facilities shall be committed prior to issuance of a Certificate of Occupancy. (c) Transportation facilities needed to serve new development shall be in place or under actual construction no more than 3 years after issuance of a Certificate of Occupancy. For the purposes of determining whether the above facilities will be "in place and available" or "in place or under actual construction" at the time of issuance of a Certificate of Occupancy or such later date after issuance of a Certificate of Occupancy, the Development Administrator shall be guided by the minimum requirements for concurrency as set forth in Rule 9J-5.0055(2), F.A.C., as it may from time to time be amended. No Final Certificate of Concurrency shall be issued unless the proposed project meets the minimum requirements for concurrency set forth in Rule 9J- 5.0055(2), F.A.C., as it may from time to time be amended. (2) All developers applying for any development order or permit shall be required to provide all information deemed necessary by the City so that the impacts of the proposed project may be accurately assessed. (3) The Development Administrator shall be responsible for maintaining an inventory of existing infrastructure and capacities or deficiencies; determining concurrency of proposed development which does not require approval by the City Commission (below 12 residential dwelling units and 25,000 square feet of commercial building space); providing concurrency assessments and recommending conditions of approval to the City Commission for those applications for development orders or permits which require City Commission approval; and reporting the status of all infrastructure covered under this system to the City Commission and the City Manager and 18214 recommending a schedule of improvements for infrastructure found to have existing deficiencies. (4) The Development Administrator shall collect and make available to the public, information on certain facilities as described in Attachment 9-1. The information shall be updated in October of each year. The provisions and requirements of the Concurrency Management System shall apply only to those facilities listed in Attachment 9-1. (5) All Final Plans are valid for one (1) year, unless extended by the City Commission. If construction has not begun within the one year time limit, the developer shall be required to re-submit development plans for meeting the concurrency requirements and a new concurrency assessment shall be made, unless granted an extension by the City Commission. The extension of the approval of Final Plans shall not be deemed to be an extension or renewal of a Final Certificate of Concurrency. In connection with any Final Plans extended by the City Commission, the developer must obtain and maintain a Final Certificate of Concurrency in accordance with this Article. (6) Any elimination, deferment or delay in the construction of a public facility or service by the City which is required to maintain the adopted level of service standard and contained in the Five Year Schedule of Capital Improvements, shall require a Comprehensive Plan amendment. D. Concurrency Assessment (1) When reviewing applications for concurrency, the Development Administrator shall make an assessment pursuant to Section 9-1 to ensure that infrastructure is available as defined in Section 9-4C(1) to serve new development. To conduct the assessment, the inventory presented in Attachment 9-1 in conjunction with the Infrastructure Deficiencies Map shall be used as a base for the establishment of existing conditions. The capability of existing infrastructure to service new development shall then be determined by using the general rules presented in Attachment 9-2 and the facility specific rules presented in Attachment 9-3. 18215 Finally, a determination of concurrency shall be made. Such determination may include conditions of approval which are deemed necessary for concurrency to be ensured. (2) The Development Administrator shall provide recommendations to the City Commission concerning those applications for development orders or permits which require City Commission approval. The comments and recommendations provided by the Development Administrator shall include, but are not limited to: (a) the ability of existing facilities to accommodate the proposed project at the adopted level of service standards; (b) any existing facility deficiencies that will need to be corrected prior to the completion of the proposed project; (c) the facility improvements or additions that will be needed to accommodate the impacts of the proposed project at the adopted level of service standard; (d) the date such facility improvements or additions will need to be completed to be concurrent with the impacts on such facility created by the proposed project; and (e) a recommendation of approval or denial with any applicable conditions for the timing and location of needed improvements. (3) Prior to the issuance of a development order or permit for a proposed new project or development, the City Commission and/or the Development Administrator shall: (a) make a finding on the impacts created by the proposed project; (b) make a finding as to whether the infrastructure covered under the Concurrency Management System will be available (as defined in Section 9-4C(1)) concurrent with the impacts of new development at the adopted level; (c) make a finding of those facility improvements or additions that are required to ensure the 18216 providing of infrastructure requirements concurrent with development; (d) make a finding of the entity responsible for the design and installation of all required facility improvements or additions. These findings will be part of the report from the Development Administrator to the City Commission for consideration of Final Plan approval, where applicable. (4) The adopted level of service standards shall be the minimum acceptable standards with which all proposed new development shall comply. The Concurrency Management System shall not preclude the City Commission from imposing other conditions of approval, including improvements and additions to the facilities covered under this system beyond the minimums necessary to achieve concurrency. E. Facilities Reporting In conjunction with the capital improvements budgeting process, the Development Administrator shall report to the City Commission the information required in Attachment 9-1. The report shall also include the degree of any deficiencies and a summary of the impacts of said deficiencies as they would affect the approval of development orders or permits. The Development Administrator shall then recommend a schedule of improvements, including dates, necessary to prevent a reduction in the approval of development orders or permits. ~ 9-5 PROCEDURES A. A map entitled "Infrastructure Deficiencies Map" will be used by staff to delineate specific areas of deficiency. This map shows all areas of the City served by infrastructure which do not meet level of service standards established by the adopted Comprehensive Plan of the City. B. As part of the capital improvements budgeting process each year, the Development Administrator or designee shall evaluate the latest available information on the capacity of all infrastructure serving the City and shall identify those areas served by infrastructure which do not meet level of service standards established in the adopted Comprehensive Plan. 18217 Transportation capacity shall be evaluated based on the most recent transportation model using the Regional OUATS network and the City's socioeconomic data. The Development Administrator shall transmit a preliminary map to the City Commission depicting the areas deficient of infrastructure capacity. The preliminary map shall be based on an evaluation of the total capacity of each relevant facility component and the total actual demand placed on that facility. Total capacity of the facility shall include existing capacity as well as additional capacity from planned infrastructure improvement projects, subject to the limitations of Rule 9J-5.0055 (3), Florida Administrative Code. Total demand shall include only actual current use and the potential use of projects which have been issued Final Certificates of Concurrency or Transportation Capacity Reservation Certificates which remain in effect. C. In reviewing the proposed operating and capital budget for the City, the City Commission shall consider what improvements may be necessary to minimize or eliminate from the map areas which are served by facilities which do not meet the concurrency requirements set forth in this Article. At the time of adoption of the annual operating budget and capital budget but not later than September 30 of each year, the City Commission shall adopt a revised Infrastructure Deficiencies Map by resolution which will be effective from October 1 of that year until September 30 of the following year. The map may be reviewed more frequently upon a finding by the City Commission that there is reason to suspect that areas shown as having adequate levels of service do not and/or that areas shown as having inadequate levels of service in fact are not deficient. ~ 9-6 DEVELOPMENT RESTRICTIONS A. Subject to the provisions of Section 9-4, no final development order or permit may be issued if the area within which the activity is proposed is shown as deficient on the Infrastructure Deficiencies Map or otherwise found to have infrastructure deficiencies in accordance with the provisions of this Article. Notwithstanding this restriction, a conditional final development order or permit may be issued subject to the condition that there will be no occupancy of any structure or area served by the deficient infrastructure until such time as the deficiency is 18218 removed. Any such condition shall be incorporated in a development agreement subject to the provisions of Article IV. The development agreement shall identify the specific facilities which are deficient and the specific actions which must be taken before the project or development may be occupied. B. If a project is vested pursuant to Section 1-5.1 of this Code, a final development order or permit may be issued only for the uses and intensities found by the City to be vested in the Certificate of Vesting issued pursuant to Section 1-5.1 of this Code and then only while the project retains its status as a vested project under the provisions of this Code. C. Placement on the Transportation Capacity Waiting List is open to those projects with Preliminary Plan approval and will serve to confirm a valid application for a Final Certificate of Concurrency and ensure an equitable nfirst come-first servedn processing of Certificate of Concurrency applications. A developer will automatically be placed on the Transportation Capacity Waiting List at the time of denial of an application for a Final Certificate of Concurrency. Developers will be notified by certified mail of the specific number of trips available on each specific roadway segment and advised as to any additional information or documentation required to facilitate review of their application. Developers will be required to provide such information or otherwise finalize a pending application within thirty (30) calendar days from receipt of notification that transportation capacity is available. Failure to accept the capacity by providing the needed information and meeting all other applicable requirements of this Article will result in removal of the application from the Capacity Waiting List. If the application is approved, a Final Certificate of Concurrency will be issued. ~ 9-7 TRANSPORTATION CAPACITY RESERVATION CERTIFICATE A. Introduction The purpose of the transportation capacity reservation process is to allow developers to ensure that capacity is available when it is needed for a particular project, and to provide a higher degree of certainty during the construction financing process. 18219 B. Application for a Transportation Capacity Reservation Certificate An application for a Transportation Capacity Reservation Certificate (TCRC) shall be submitted with the application fee to the Development Administrator. The application must be received by the 70th day of the 90-day transportation reservation (or the 70th day of any 90-day extension thereof pursuant to Section 9-1.E hereof) under the Final Certificate of Concurrency. An application for Transportation Capacity Reservation Certificate can only be accepted for projects with Preliminary Plan approval. The application shall include the following minimum information: (1) The Final Certificate of Concurrency (copy of the certificate) which the application is predicated on. (2) The reservation period requested (one, two, or three years) . (3) Any information that has changed from the Final Certificate of Concurrency. (This information is subject to review.) (4) All appropriate signatures as required by the City. C. Issuance of a Transportation Capacity Reservation Certificate Within ten (10) working days of receipt of a complete application for a TCRC, accompanied by the application fee, the Development Administrator shall issue notice to the developer that he/she may obtain a Transportation Capacity Reservation Certificate. The Transportation Capacity Reservation Certificate shall describe the amount and length of time the capacity shall be reserved. The developer has until the later of (1) the date of expiration of the Final Certificate of Concurrency with respect to the transportation capacity reservation, or (2) ten (10) working days from receipt of the notice, to pay the applicable reservation fees. Upon receipt of the applicable reservation fee, the Development Administrator will issue the Transportation Capacity Reservation Certificate, and transfer the requested capacity to the reserved capacity bank. 18220 D. Reservation Time Period A Transportation Capacity Reservation Certificate shall allow the developer to reserve transportation infrastructure capacity for up to three (3) years. Reservations may be made for one, two, or three years. A specific quantity of capacity must be requested for each individual year of the reservation time frame. Transportation capacity shall be reserved based upon a concurrency assessment by the Development Administrator following procedures in Section 9-4.D. (1) of this Article. For accounting purposes, the Development Administrator shall reserve the requested capacity for each year from the appropriate capacity bank. If approved, a TCRC will allow the developer to utilize the transportation capacity only during the one-year period specified on the certificate. Upon expiration of the time frame set forth in the Transportation Capacity Reservation Certificate, the Development Administrator shall transfer any unused reserved transportation capacity with respect to such Certificate to the available transportation capacity bank, unless a shift of capacity has been approved pursuant to Section 9-7.E. For the purposes of this Section, reserved transportation capacity shall be considered as "used capacity" only to the extent that a building permit has been issued and all applicable road impact fees have been paid by the developer. E. Shifting of Capacity Under Transportation Capacity Reservation Certificate Shifting of capacity is the movement of reserved infrastructure capacity from one or more specific yearly time frames set forth in the TCRC to other specific yearly time frames set forth in the TCRC. In order to shift capacity, an application to shift capacity shall be submitted to the Development Administrator at least forty-five (45) calendar days prior to the expiration of the Transportation Capacity Reservation Certificate. In evaluating an application to shift capacity, the Development Administrator shall consider: (1) Whether the developer has previously shifted capacity; and (2) The project's current status and degree to which the developer is deviating from his phasing schedule; and 18221 (3) Stated reasons for the deviation from the phasing schedule; and (4) The length of any applicable waiting list; and (5) Funds expended by the developer prior to the initiation of vertical construction. Where necessary to ensure equitable allocation of capacity, the Development Administrator may approve an application to shift capacity with conditions. Any unused capacity for a specific yearly time frame may be carried forward into the next yearly time frame if the shifting request is approved as set forth above. No unused capacity may be carried forward beyond the duration of the TCRC. F. Transportation Capacity Reservation Fees A reservation fee equivalent to 33% of the then current road impact fees shall be paid in order to reserve transportation capacity for one year. A reservation fee equivalent to 33% of the then current road impact fees (for a total of 66%) shall be paid in order to reserve transportation capacity up to two years and a reservation fee equivalent to 34% of the then current road impact fees (for a total of 100%) shall be paid in order to reserve transportation capacity up to three years. The developer shall be required to pay the applicable reservation fee as a condition of transportation capacity reservation and issuance of a TCRC. The developer shall be required to pay all road impact fees due at the time of, and as a condition of, receiving a building permit, pursuant to the road impact fee rate schedule in effect at the time a building permit is issued. However, the reservation fee for transportation capacity shall be credited toward the road impact fees applicable at time of building permit on a dollar-for-dollar basis. Reservation fees set forth above shall be refundable upon expiration of a TCRC with respect to any unused reserved transportation capacity, provided however that any such refund shall be subject to charges as set forth in this paragraph. The City shall refund 90% of the reservation fee if the capacity was reserved for 12 months or less. The City shall refund 80% of the reservation fee for a two-year (24 months) reservation period, and a 70% refund for a three-year (36 months) 18222 reservation period. Refunds shall be granted only to the extent that new reservation fees are received by the City subsequent to the date of the refund application to refund the expired Transportation Capacity Reservation Certificate. Those developers awaiting refund shall be placed on a list and their fees refunded on a first come first served basis. G. Transfer of Certificates All TCRC's are valid only for the specific real property described in the original application. Transportation capacity may be reassigned or allocated within the boundaries set forth in the original TCRC by application to the Development Administrator. At no time may transportation capacity or any TCRC be sold or transferred to another party or entity separate from the real property described in the original application and set forth in the TCRC. All TCRC's run with the land described in such TCRC. H. Additional Transportation Requirements The issuance of a Transportation Capacity Reservation Certificate shall not be construed to exempt the developer from such other transportation requirements as may be required by this Code, the Code of Ordinances of the City, or otherwise imposed by the City in connection with the review of the proposed project (i.e., road requirements in addition to the payment of road impact fees). I. Use of Transportation Capacity Reservation Fees All Transportation Capacity Reservation Fees received by the City shall be deposited in the City Road Impact Fee Fund. Such fees shall be expended by the City in the same manner as Road Impact Fees and subject to all restrictions imposed on the expenditure of Road Impact Fees. ~ 9-8 ADMINISTRATIVE APPEALS A. In the event the Development Administrator denies an application for a Final Certificate of Concurrency, Transportation Capacity Reservation Certificate, or shifting of capacity under a TCRC, or if the developer disagrees with the conditions of approval imposed by the Development Administrator, or if a developer is otherwise denied a development order or permit under the provisions of this Article IX and believes in good 18223 faith that such denial results in a deprivation of the reasonable and beneficial use of the land which is the subject of the denial, then the developer may appeal the denial or imposition of conditions of approval to the City Commission. Any such appeal must be filed with the City Clerk within thirty (30) days of the date of the notice of such denial or imposition of conditions of approval. Any such appeal shall be heard by the City Commission within thirty (30) days of the date of filing of such appeal. The decision of the City Commission shall be final and binding on the developer. If the appeal is granted, the relief shall limit development to the minimum necessary to create a reasonable and beneficial use, notwithstanding that a higher or more intense use may be otherwise established under the Comprehensive Plan or the applicable zoning regulations. 18224 ATTACHMENT 9-1 INFRASTRUCTURE CAPACITIES AND LEVEL OF SERVICE INVENTORY FOR CONCURRENCY MANAGEMENT CITY OF OCOEE, FLORIDA The following inventories in conjunction with the Infrastructure Deficiencies Map shall be maintained by the Development Administrator to be used for the concurrency assessment of new development. TRAFFIC CIRCULATION 1. Design capacity of the roadway network. 2. The existing level of service measured by the average annual number of trips per day on a roadway as provided by the Florida Department of Transportation, Orange County, City of Ocoee, or any other approved source. 3. The adopted level of service standards for all roadways classified under the Florida Department of Transportation's roadway functional classification system. 4. The existing unallocated capacities or deficiencies of the roadway network. 5. The capacities reserved for those projects with a Final Certificate of Concurrency or Transportation Capacity Reservation Certificate. 6. The projected capacities or deficiencies due to those projects with a Final Certificate of Concurrency or Transportation Capacity Reservation Certificate. 7. The improvements to be made to the roadway network in the current fiscal year by any approved projects pursuant to previous development orders or permits and the impact of such improvements on the existing capacities or deficiencies. 8. The improvements to be made to the roadway network in the current fiscal year and the first three years of the Five-Year Capital Improvement Plan by the City of Ocoee, Orange County, the Florida Department of Transportation, or other public agency and the impact of such improvements on the existing capacities or deficiencies. 18225 9. Annual update of the City's transportation network as modeled using the Region's most recent OUATS model. SANITARY SEWER 1. The design capacity of the wastewater treatment facility. 2. The existing level of service standard for average daily flows per equivalent residential unit. 3. The adopted level of service standard for average daily flows per equivalent residential unit. 4. The existing deficiencies of the system. 5. The capacities reserved for approved but unbuilt development. 6. The improvements to be made to the facility in the current fiscal year by any approved projects pursuant to previous development orders and the impact of such improvements on the existing capacities or deficiencies. 7. The improvements to be made to the facility in the current fiscal year by the City of Ocoee and the impacts of such improvements on the existing capacities or deficiencies. POTABLE WATER 1. The design capacity of potable water treatment facilities. 2. The existing level of service measured by the average number of gallons per day per unit based on the average flows experienced. 3. The existing potable water storage capabilities of the water system. 4. The existing minimum water pressure. 5. The adopted level of service standards for the potable water facility. 6. The existing capacities or deficiencies of the system. 18226 7. The capacities reserved for approved but unbuilt development. 8. The improvements to be made to the facility in the current fiscal year by any approved projects pursuant to previous development orders or permits and the impact of such improvements on the existing capacities or deficiencies. 9. The improvements to be made to the facility in the current fiscal year by the City of Ocoee and the impact of such improvements on the existing capacities or deficiencies. SOLID WASTE 1. The percentage of the total amount of solid waste disposal capacity allocated to the City of Ocoee by Orange County or other applicable solid waste disposal facilities. 2. The existing level of service measured by the solid waste per pound per capita per weekly collection. 3. The projected capacities reserved for those projects with a Final Certificate of Concurrency. 4. The existing recycling criteria as established by the Florida Department of Environmental Protection and Orange County. STORMWATER DRAINAGE 1. The existing level of service measured by storm event as determined by the City of Ocoee and its consulting engineers. 2. The adopted level of service standard for storm drainage. RECREATION AND OPEN SPACE 1. The existing acreage of park land. 2. The existing level of service measured by the number of acres of park land available per 1,000 residents of the City of Ocoee based on an inventory of park lands in the City and the population of the City. 18227 3. The existing capacities or deficiencies of the recreational facilities. 4. The capacities reserved for those projects with a Final Certificate of Concurrency. 5. The projected capacities or deficiencies due to those projects with a Final Certificate of Concurrency. 6. The improvements or additions of land to be made to the recreation system in the current fiscal year by any approved projects pursuant to previous development orders and the impact of such improvements on the existing capacities or deficiencies. 7. The improvements or additions of land to be made to the recreation system in the current fiscal year by the City of Ocoee and the impact of such improvements on the existing capacities or deficiencies. 18228 ATTACHMENT 9-2 GENERAL RULES FOR CONCURRENCY ASSESSMENT CITY OF OCOEE, FLORIDA EXISTING DEFICIENCIES No project or development shall be approved or development order or permit issued which will impact a facility which is currently deficient (as noted in Section 9-4C(1)) unless the facility is required to be improved pursuant to a previous development order or permit or is exempt under Section 9-4 of this Article. Any needed improvements shall be completed prior to the projected impacts of the proposed project or development or as required by Section 9-4 of this Article. APPROVED IMPACTS The impacts of new development shall be assessed against the existing conditions as described in Attachment 9-1, the Infrastructure Deficiencies Map, and the projected impacts from approved but unbuilt development as determined by traffic modeling and impact assessment analysis (also shown in Attachment 9-1). These three items together shall be considered the existing conditions for all infrastructure for the impact assessment of all proposed development. PHASING Development that is proposed to be phased may also phase the improvement of facilities provided that concurrency requirements for each facility as described in Attachment 9-3 are met. If phased, each phase has to show a time schedule for improvements. TIME SPECIFIC APPROVAL All Final Plan approvals shall have a one year time period to commence development. If construction does not commence within the one year time period, the approval shall expire and the developer must repeat the development review process unless an extension is granted by the City Commission. If the project is to be phased, the timing of each phase shall be specified in the development order or permit. If necessary, the development order or permit must prescribe a time schedule for the initiation of the various components of the development process such as land clearing, filling, foundation pouring, etc. Any required improvements shall also require a time period for construction and completion. Should development or 18229 facilities improvements fail to begin or be completed in accordance with the development order or permit, all outstanding approvals of the project or development shall be placed on hold until back on schedule. Amendments to time schedules shall be permitted but must be approved by the City Commission. All extension requests require a concurrency determination review prior to any decision being made on that extension request. ADDITIONAL INFORMATION A Final Certificate of Concurrency may only be issued for those projects which have, at a minimum, Preliminary Plan approval. A Final Certificate of Concurrency is required in order to receive Final Plan approval and/or a final development order or permit. A Final Certificate of Concurrency is also required in order to obtain a Transportation Capacity Reservation Certificate. The Development Administrator may require additional information from developers in order for an accurate assessment to be conducted. Such additional informational requests shall be reasonable and be provided in writing to the developer. It should be noted that the City of Ocoee cannot conduct special studies such as traffic counts on roads not regularly monitored. Review and approval of proposed development may be postponed for a reasonable time period in order for the developer to gather additional information. Proposed development may be denied approval for failure of the developer to provide adequate information on the projected impacts created by the project. 18230 ATTACHMENT 9-3 FACILITY SPECIFIC RULES FOR CONCURRENCY ASSESSMENT CITY OF OCOEE, FLORIDA SOLID WASTE The City of Ocoee shall adopt land development regulations which provide solid waste generation standards. Commercial and industrial projects which are potential hazardous waste generators shall provide a description and estimate of tonnage of solid waste to be generated for which the project will be responsible for coordinating with Orange County, if appropriate, or other hazardous waste disposal facility for disposal of such waste. The City of Ocoee will then obtain written approval from Orange County or the appropriate hazardous waste disposal facility that the proposed project's hazardous waste generation can be accommodated at the County's landfill or the appropriate hazardous waste disposal site. Prior to the issuance of a Certificate of Occupancy, all facility improvements necessary to accommodate the impacts of that portion of the project receiving a Certificate of Occupancy shall be in place. Development must be in compliance with the recycling program as implemented by the City in conjunction with Orange County and the Florida Department of Environmental Protection. STORMWATER DRAINAGE All commercial and residential projects shall prepare a drainage plan based on the stormwater management regulations which shall incorporate the level of service design storm. RECREATION The City of Ocoee shall not assess commercial and industrial projects as having an impact on recreational facilities. However, the City reserves the right to require the provision of recreational facilities as a part of cluster projects or developments, or high density residential subdivisions. 18231 ATTACHMENT 9-4 INFRASTRUCTURE LEVEL OF SERVICE INVENTORY CITY OF OCOEE, FLORIDA TRAFFIC CIRCULATION Roads (peak hours Level of Service) : Collectors Arterials Limited Access Facilities - LOS Standard D - LOS Standard C - LOS Standard C SANITARY SEWER 270 gallons per day per equivalent residential unit (ERU). POTABLE WATER 300 gallons per day per ERU. SOLID WASTE 6.0 pounds per capita per day. STORMWATER DRAINAGE 25 year/24 hour storm event that is consistent with Chapter 17-25 FAC (without exceptions). RECREATION AND OPEN SPACE Parks: 1 mini park per 3,000 population 1 neighborhood park per 7,500 population 1 special purpose facility per 10,000 population 1 community park per 10,000 population 18232 Recreational Facilities: ACTIVITY FACILITY POPULATION FISHING, POWER BOATING, WATERSKIING, SAILING PICNICKING BICYCLING NATURE STUDY TENNIS FOOTBALL/SOCCER HANDBALL/ RACQUETBALL BASKETBALL SHUFFLEBOARD LITTLE LEAGUE SENIOR LEAGUE SOFTBALL FIELD PLAYGROUND EQUIPMENT BOAT RAMP LANE 15,000 ONE TABLE LINEAR MILE OF BICYCLE TRAIL LINEAR MILE OF NATURE TRAIL TENNIS COURT 1 FOOTBALL/SOCCER FIELD 1 HANDBALL/ RACQUETBALL COURT 1 BASKETBALL COURT 1 SET COURTS 1 FIELD 1 FIELD 1 FIELD 1 SET 750 20,000 20,000 2,500 10,000 10,000 2,000 10,000 7,500 10,000 7,500 2,000 Open Space: 25 acres per 1,000 population. 18233