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1 I-1 IMPLEMENTATION

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3 In accordance with Chapter of the Florida Statutes, and following adoption of this update of the City of Oviedo Comprehensive Plan, all development undertaken by, and all actions taken in regard to development orders by the City of Oviedo shall be consistent with this Comprehensive Plan and Future Land Use Map Series. Any document adopted by reference is that document as it exists on the date of plan adoption. Land Development Code The City revised its Zoning Ordinance and Subdivision Regulations into a unified Land Development Code (LDC) in The 1989 Land Development Code was revised in 1992, to include the regulations, reviews, and permits required to fully implement the Comprehensive Plan and comply with Section , Florida Statutes. Concurrency review and evaluation of all regulation and administrative permits was included to assure that no permit is issued that would result in a reduction of adopted levels of service. Subsequent revisions of the Land Development Code were conducted in 1994, 1999, and The City adopted a Downtown Master Plan in 2002 subsequently amended in In 2004 the new Downtown development regulations were incorporated into the Land Development Code. Other major changes to the LDC include the adoption of office and commercial architectural standards in 2005, the substantial rewrite of the LDC changing administrative procedures in 2006, and the inclusion of more stringent irrigation and landscape regulations with the intent of reducing the City s potable water consumption in Substantial changes in use (as defined in the Land Development Code) or abandonment shall require conformance to the Land Development Code and Comprehensive Plan. Land Development Code Section , Relationship to Comprehensive Plan, states In accordance with Chapter 163 of the Florida Statutes, all development orders and permits issued under this LDC shall be consistent with the adopted Comprehensive Plan. Comprehensive Plan Amendments Any proposed amendment to the 2025 Land Use Plan shall require a full evaluation similar to the Annual Review. The applicant must demonstrate compliance with the goals, objectives, and policies of the Comprehensive Plan and assure that there will be no reduction in adopted levels of service. I-3

4 Concurrency Management System The Concurrency Management System is a regulatory mechanism designed to ensure that the Level of Service Standards adopted in this plan are maintained. The major components of the system are as follows: 1. Inventory: The Development Services Department shall maintain the following inventories for use in assessing existing levels of service and cumulative impacts of proposed new development. A. Multimodal Transportation 1) Design capacity of roadway types. 2) Average daily trips and peak hour trips on each roadway link. 3) Existing level of service for each roadway link as determined by measured trips and designated capacity. 4) Adopted level of service standards for roadways. 5) Existing capacities or deficiencies of the roadway network. 6) Projected capacities or deficiencies resulting from committed yet unbuilt development. 7) Scheduled, funded improvements by year of completion for City, County and FDOT facilities and the impact on capacity. 8) Vehicle Miles Traveled (VMT) within the City. 9) Adopted quality level of service standards for multimodal transportation (transit, pedestrian, and bicycle). 10) Existing capacities or deficiencies of the multimodal network. B. Sanitary Sewer (for the City's central sewer service area) 1) Design capacity of the wastewater treatment facilities. 2) Existing levels of service measured by the average number of gallons per day per unit based on the average treatment plant flows and the total equivalent residential connections in the service areas. 3) The adopted level of service standard. 4) Existing deficiencies or capacities. I-4

5 5) Projected capacities or deficiencies. 6) Scheduled, funded improvements by year of completion and the impact on existing capacity. C. Potable Water and Reclaimed Water 1) Design capacity of the water treatment facilities. 2) Existing levels of service measured by the average number of gallons/day/unit based on the average flows and the total equivalent residential connections in the service area. 3) Existing storage capabilities. 4) Existing minimum water pressure. 5) The adopted level of service standards. 6) The existing capacities or deficiencies of the system. 7) Projected capacities or deficiencies resulting from committed yet unbuilt development. 8) Scheduled, funded improvements by year of completion and the impact on existing capacity. D. Solid Waste 1) The design capacity of the County disposal facility and transfer station. 2) The existing level of service as provided by Seminole County in pounds per capita. 3) The adopted level of service. 4) The existing capacities or deficiencies of the facility. 5) Projected capacities or deficiencies resulting from committed yet unbuilt development. 6) Scheduled, funded improvements by year of completion and the impact on existing capacity. E. Storm water (Drainage) 1) The existing level of service measured by storm event as determined by the City and its consulting engineers. 2) The adopted level of service standard. I-5

6 F. Recreation and Open Space 1) The existing acreage of park land and existing facilities. 2) The existing level of service measured by the number of acres of park land per one thousand (1,000) residents; the number of recreational facilities and the percentage of open space in developed acreage. 3) The adopted level of service standard. 4) The existing capacities or deficiencies of the recreation and open space systems. 5) The projected capacities or deficiencies resulting from committed yet unbuilt development. 6) Scheduled, funded improvements by year of completion and the impact on existing capacity. 2. Assessment Under the City's current Land Development Code, all permitted uses require a Site Development Order. The site development order corresponds to preliminary subdivision approval and site development plan approval. The site development order expires within one year if the applicant has not proceeded with the subsequent development processes. The assessment portion of the Concurrency Management System is incorporated into the review process of all Site Development Order applications. The Development Services Department will be responsible for performing a concurrency assessment on all Site Development Order applications to ensure that public facilities are available concurrent with the impacts of the proposed development. The Inventory shall be the basis for establishing existing conditions and the Assessment shall proceed in accordance with the following: A) No development that impacts a facility which is currently deficient may be approved unless one of the following conditions is met: 1) The required improvement is scheduled in the current fiscal year and will be completed prior to the projected impacts. 2) The Site Development Order includes the required improvement as a condition of approval. B) The impacts of new development shall be assessed against the existing conditions of the Inventory and the projected impacts from unbuilt development with a valid Site Development Order. I-6

7 C) Concurrency may be assessed in phases if a specific phasing plan is included with the Site Development Order approval and each phase can meet the established concurrency requirements. D) The Development Services Department may require additional information from applicants in order to accurately assess the impact of the proposed development. Failure to provide adequate and accurate information may be a basis for denial of the Site Development Order. E) Multimodal Transportation impacts shall be determined using the latest edition of the Institute of Traffic Engineering (ITE) Manual trip generation rates and the latest edition of the Florida Department of Transportation s Multimodal Quality/Level of Service Handbook. F) The Land Development Code includes standard sewer, water and solid waste generation rates which shall be used for assessment purposes. Specific studies signed and sealed by a registered professional may be accepted by the City in determining the specific impacts of a proposed development. G) The Land Development Code includes recreation standards and requirements for residential uses. Commercial, office and industrial uses shall not be assessed for impacting recreational facilities, although the open space standard shall apply to all development. Planned Unit Developments shall be assessed for recreational impact in accordance with the proposed land uses. 3. Implementation A) The ability of existing facilities to accommodate the proposed development at the adopted level of service standards. B) Any existing deficiencies that must be corrected. C) Any improvements required to accommodate the proposed development. D) A recommendation of approval or denial with any applicable conditions. If a Site Development Order is issued for a project, the following information shall be included on the order: E) Specified impacts to be created. F) Specific facility improvements required to ensure the finding of concurrency and the entity responsible for the design and installation. The provisions of the Site Development Order are reviewed for compliance at the time of building permit submittal and again prior to issuance of a Certificate of Occupancy. Any improvement that needs not be completed prior to issuance of a building permit will be so described on the Site Development Order. All conditions of approval on the Site Development Order shall be met prior to issuance of a Certificate of Occupancy. I-7

8 Projects which have a valid Site Development Order as of April 1, 1992 shall be exempt from the concurrency requirement. This exemption shall also apply to projects with a valid Development of Regional Impact (DRI) development order and all vacant lots in residential subdivisions which were platted and recorded prior to April 1, The Development Services Department shall prepare an annual report to describe and analyze the Inventory information maintained by the Department. This information will be available to the public and will serve as the basis for preparing and updating the Five-Year Capital Improvements Plan; for reviewing and revising the Comprehensive Plan; and for preparing the City's annual budget. I-8