Orange County's third developer's forum was held on November 10th, 2015, and the focus was on the concurrency management process and administration. Topics covered in the presentation included the application and encumbrance process, vested rights, technology improvements and customer tips on successfully completing the process. Representatives from Development Services, Transportation Planning, the Legal Department and OCPS participated in the presentation.

1. Orange County Government
November 10, 2015
Developer’s Forum
Concurrency Management
Process & Administration

2. • Concurrency Process
• Vested Rights Process
• Technology
Improvements
• Customer Tips
PRESENTATION OUTLINE

3. 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

4. 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

5. Concurrency Process
Concurrency Administration
• Concurrency Reviews
 Roads
 Schools
 Parks
 Water
 Wastewater
 Solid waste
 Stormwater
 Mass transit

6. Concurrency Process
Concurrency Administration
• Per County Ordinance:
 Change of Use
 Commercial Site Plans
 Non-residential Subdivision Plan
 Development Plans (DPs)
 Preliminary Subdivision Plans (PSPs)

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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

14. Concurrency Process
School Concurrency Review (CEA vs. CMA)

15. 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

16. 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

17. 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

18. 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

19. Concurrency Overview CEL

20. Concurrency Overview DEMI

21. Commercial Plans Review

22. Residential Plans Review

23. Fast Track Technology

24. 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

25. • 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

26. • 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

27. Questions
Concurrency