§ 30-507. Projects that promote public transportation.

(a)

Projects that promote public transportation are exempt from transportation concurrency based on their consistency with Policy T2.8.1 of the comprehensive plan and Section 163.3164(37), Florida Statutes, implementation of site design and performance standards specified under Transportation Objective T2.8, and the submittal of a mobility analysis that satisfies all of the requirements of this section.

(1)

A project may establish eligibility through comprehensive plan amendment, rezoning, special exception, or planned development land use plan, preliminary subdivision plan, or development plan. A project with appropriate future land use or zoning that is not a planned development may establish eligibility through application to the county roadway agreement committee (RAC).

(2)

A portion of a planned development or proposed development may be eligible for concurrency exception if designed as a project promoting public transportation. This partial exception shall not affect other portions of a planned development or proposed development not designed as a project promoting public transportation, which shall still be subject to transportation concurrency.

(3)

A pre-application conference shall be required with the transportation planning, development engineering, zoning, and planning divisions and can be scheduled by contacting the transportation planning division.

(4)

The county shall require the applicant to complete a mobility analysis for the proposed development as part of the project's transportation analysis that must be submitted to the transportation planning division. The transportation planning division will coordinate review comments, which will be provided to the applicant within fifteen (15) working days of submittal of the mobility analysis. The mobility analysis must be based on the methodology published by Orange County which may include the following:

a.

A map depicting the proposed development site in the immediate context of adjacent parcels;

b.

Existing circulation network (streets, sidewalks, pedestrian paths, and bicycle paths, with stub-outs clearly indicated) noting incomplete facilities or those in need of repair;

c.

Proposed circulation network for the development site in relationship to its immediate context and in connection to existing and/or planned transit stops/stations;

d.

Footprint of proposed development if available.

(5)

An applicant may apply to remove the "project promoting public transportation" designation from all or part of a project by notifying the transportation planning division. For planned developments, the applicant must submit the revised plan to development review committee (DRC) and, if mitigation is necessary, to the RAC. For projects that are not planned developments, the applicant must apply to the concurrency management office for a concurrency determination and make any required payments to the county. Pursuant to section 38-1207, substantial changes to PD land use plans must be approved by the board of county commissioners.

(6)

Projects that promote public transportation on constrained, backlogged, or long-term transportation concurrency management system roadways shall be exempt from the requirement for proportionate share, but shall be required to meet any site design requirements of Transportation Element Policy 2.2.4.

(b)

Any denial involving a "project promoting public transportation" designation may be appealed to the RAC.

(Ord. No. 2013-13 , § 2, 5-21-13)