§ 56.04. Definitions.
Access Improvements: Transportation Improvements necessary to provide safe and adequate ingress and egress and for efficient traffic operations. Access improvements include but are not limited to the following:
(a)
right-of-way and easements;
(b)
left and right turn lanes;
(c)
acceleration and deceleration lanes;
(d)
traffic control and signal devices, signage, and markings; and
(e)
drainage and utilities; and
(f)
transit bus pullouts.
Accessory Building, Structure or Use: A detached, subordinate building, structure or use, the use of which is clearly incidental to and serves the principal building or use and is located on the same development site as that of the principal building or use. See Chapter 58, Part 5, City Code.
Active Uses: For purposes of Transit Oriented Developments. ground floor criteria include (i) any eating and drinking establishment with 51% or greater food sales as a portion of gross sales, and (II) personal service uses, public benefit uses and retail uses that require a local business tax receipt. To qualify under this definition. an active use must also be open to the general public with published operating hours exceeding twenty-five (25) hours per week. All active uses must be permitted uses within the zoning district in which the active use is permitted. Active use areas shall only include air-conditioned/heated space and shall not include building lobbies, common space areas and other such space.
Applicant: Any person who applies for a development permit for land development.
Arterials: Arterials connect limited access facilities and other roads with partial access control facilities to form a continuous network. Arterials provide mobility around and through urban and community cores. The intent of an arterial is to provide movement as opposed to access to the adjacent properties, and does not include grade separated-limited access facilities, such as expressways and interstate highways.
Arterial Roads: A classification of roads which primarily functions to accommodate the movement of relatively large traffic volumes for relatively long distances at relatively high speeds. Land access, when provided, is subservient to the movement function. This classification includes all roads which function above the level of a collector road.
Average Trip Length: The average length in miles of trips for each major land use category, adjusted to reflect the travel characteristics in the Orlando GMP Study Area.
Building: Any permanent structures designed or built for the support, shelter or protection of persons, animals, chattels, goods or property of any kind.
Building Permit: Any building or construction permit required under the Orlando Building Code (Chapter 13 of the City Code).
Capacity; Capacity Per Lane: The maximum number of vehicles for a given time period which a typical new lane can safely and efficiently carry at a specified level of service. For the purpose of this Chapter, the capacity of a typical new lane shall mean 8,000 vehicles per day per through lane at Level of Service "D" and 10,000 vehicles per day per through lane at Level of Service "E."
Capacity Per Lane Mile: The product of the capacity per lane times one lane mile. For the purpose of this Chapter, the capacity per lane mile of a typical new lane shall mean 8,000 vehicles per day per through lane per mile at Level of Service "D" and 10,000 vehicles per day per through lane per mile at Level of Service "E."
Collector Roads: Collectors provide for movement between local streets and the arterial network. Collectors serve residential, commercial and industrial areas, providing continuity between local roads and the thoroughfare system. These facilities balance the need for individual lot access and through travel.
Complete Application: An application for development permit that contains, at a minimum, each document and all information required by City Code for said application.
Construction: Activity on a development site pursuant to a valid and lawfully issued development permit, including site preparation, excavation.
Development: See Land Development.
Development Permit: Includes any building permit, having the effect of permitting the construction or alteration of any building or structure or other vertical improvement on the land.
Development Site: The property under consideration for development at the time of application for a development permit.
Diverted Traffic; Passer-by Traffic: Traffic that is already on the road network which is attracted by the land use and which may be transferred from another route.
Encumbered: Funds committed in a capital improvements program for a specified improvement on a specified time schedule.
Expansion: New Transportation Improvements capacity enhancements which include but are not limited to extensions, widenings, intersection improvements, upgrading signalization and improving pavement conditions.
External Trip: Any trip which has either its origin or destination at the development site.
Gross Leasable Area: For purposes of the Chapter, gross leasable area shall be the total gross square footage of the land use less ten (10) percent.
Housing, Low Income: Owner-occupied housing: As defined by Resolution of the City of Orlando, Florida, adopting an affordable housing certification process and establishing an effective date, adopted on February 8, 1993, Documentary No. 25367-1A, and any amendments thereto.
Housing, Low Income: Tenant-occupied housing: As defined by applicable governmental regulations and approval of the Housing and Community Development Department of the City of Orlando.
Impact: The negative effect of additional vehicles and person miles of travel on a roadway segment.
Internal Trip: Any trip which has both its origin and destination within the development site.
Land Development: The construction or alteration of any building or structure, or other vertical improvement on the land.
Land Use: Any principal or accessory building, structure or use located on the development site.
Land Use, Traffic Generating: Proposed land use that attracts or produces vehicular trip(s) and Person Miles of Travel over and above that produced by the existing land use. See Transportation Impact Fee Rate Schedule (Exhibit A) for Traffic Generating Land Use Categories.
Level of Service "D": A condition of road performance where traffic density is high but tolerable. Fluctuations in traffic volume may cause reductions in operating speeds. Drivers have little freedom to maneuver. However, traffic flows approach unstable conditions in some instances.
Level of Service "E": This level of service represents traffic operation near the roadway capacity or maximum service volume. Vehicles flow at unstable conditions. Stop-and-go situations may happen. In freeways or limited access facilities, speeds are near thirty (30) miles per hour and traffic density is high.
Local Roads: Local roads provide direct access to abutting properties. Local roads accommodate traffic originating in or traveling to properties within a neighborhood, commercial or industrial development.
Major Road Network: The existing and planned interconnecting system of public roads (within the City of Orlando) classified as limited access facilities, arterials, and collectors, as established in the GMP Transportation Element.
Marginal Cost: The additional cost incurred to provide a non-site related improvement over and above that which would be necessary to only provide the site-related improvement needed to serve the land use.
Multi-modal Transportation: The transportation system that includes the Major Road Network, sidewalk and bicycle facilities within the public right-of-way, and public transportation vehicles and facilities (bus stops, shelters, benches and transfer stations, excluding rail) within the City of Orlando.
Non-Site Related Improvements: Transportation improvements, including rights-of-way, which are necessary to provide safe and adequate travel service for the movement of vehicular traffic and person miles of travel, including multimodal transportation facilities, and which are in excess of or in addition to site related transportation improvements. Non-site related improvements may include on-site or off-site improvements to the transportation improvements network. The Transportation Impact Fee formula contained in this Chapter is designed to calculate the costs inherent in the construction of non-site related at-grade improvements to the transportation improvements network within the City of Orlando.
Off-Site Improvements: Transportation improvements located outside of the boundaries of the development site which are necessary to provide safe and adequate travel service for vehicular traffic.
On-Site Improvements: Transportation improvements located within the boundaries of the development site which are necessary to provide safe and adequate travel service for vehicular traffic.
Person Miles of Travel: The person miles of travel represent daily travel of all persons visiting a given land use using all modes of transportation (auto, transit, bicycle, pedestrian). It is calculated based on the dominant travel mode of automobile and by applying a person per vehicle conversion factor through the following equation:
Person Miles of Travel (PMT) = Vehicle Miles of Travel (VMT) X Conversion Factor (Person/Vehicle)
Policy Discount Factor: A percentage, approved by the City of Orlando City Council and applied as a discount to the determination of transportation impact fees under Chapter 56.
Premium Transit Stop or Station: Sunrail Stations within the City of Orlando (Florida Hospital, Lynx Central Station, Church Street Station, & Orlando Health - Amtrak Station), and Lynx/LYMMO Stations and signed stops within the City of Orlando.
Road Network: (See Major Road Network.)
Senior Living Land Use Categories:
Independent Living: A 55+ facility consisting of multi-family or single family units for seniors. Providing specific services and amenities promoting an active and healthy lifestyle, which may contain optional meal service, housekeeping and transportation services.
Assisted Living Facility: Seniors who cannot live independently these facilities provide lodging, meal services and assistance with medications and daily living activities (grooming, eating and dressing). Newer assisted living facilities usually have their own private apartment. There is usually no special medical monitoring equipment that one would find in a nursing home, and the nursing staff may not be available 24-hours. These facilities fall somewhere between independent living communities and skilled nursing facilities in terms of the level of services provided.
Nursing Home: Facility licensed by the state that provides 24-hour nursing care, room and board, and activities for convalescent residents and those with chronic and/or long-term care illnesses. One step below hospital acute care. Regular medical supervision and rehabilitation therapy are mandated to be available, and nursing homes are eligible to participate in the Medicaid program. May also be referred to as: Convalescent Home, Short Term Rehabilitation Facility, Skilled Nursing or Palliative Care
Continuing Care Retirement Community: A development site that may consist of two or three of the following Senior Living Land Uses:
Independent Living
Assisted Living
Nursing Home/Skilled Nursing Facility
An application submitted for development includes two or more land uses the fee shall be the sum of the products (Section 56.06)
Site-Related Improvements: Transportation improvements, including rights-of-way, which are necessary to provide safe and adequate travel service for the movement of vehicular traffic, including multimodal transportation facilities that reduce the amount of vehicular traffic and person miles of travel, between the traffic-generating land uses within the development site, between the development site and the major road network and access improvements. Site-related improvements may include on-site or off-site improvements to the transportation improvements network as necessary to access the site or to connect the site to the closest point in the major road network. The Transportation Impact Fee formula contained in this Chapter (gross square footage x 90% x 1,000 x appropriate fee rate), which does not apply to land uses with a per unit fee basis, is not intended to assess an amount that constitutes an approximation of the costs to construct site related transportation improvements, therefore, an assessment for or the construction of site related transportation improvements shall be considered as an addition to the assessment calculated pursuant to the terms of this Chapter.
Southeast Traditional Neighborhood Design Transportation Impact Fee Discount (SE TND Discount): A discount to the current transportation impact fee rates can be requested for a project site within the Southeast Orlando Sector that meets the following criteria:
•
The Development shall have clearly defined centers with a diverse mix of activities to minimize the use of the automobile, with a Walking Distance of no greater than one-quarter (¼) mile from defined center to edge.
•
Streets shall be laid out as an interconnected network forming coherent blocks.
•
All commercial and residential building fronts shall be oriented to the street, with rear alley or drive aisle access for vehicles.
•
The Development shall be designed with streets that are convenient for walking and bicycling.
•
The Development shall provide a balanced transportation system with equal access to transit, pedestrian, and bicycle facilities in order to reduce reliance on automobiles.
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Pedestrian and bicycle connections shall be available to all residents to easily and safely access Civic buildings.
•
All Civic buildings (schools, libraries, churches, U.S. Post offices, government offices and public community centers, excluding private meeting halls, daycares and plazas) shall be located within one-quarter (¼) mile Walking Distance from the residential component.
•
Ancillary Dwelling Units (garage apartments) with less than 500 square feet of gross floor area, under single lot ownership with the principle structure (single family unit), and located within one-quarter (¼) mile Walking Distance of Civic buildings shall be exempt from additional transportation impact fees (Orange County School Fee Policy).
•
No reduction or discount to the transportation impact fees will be available for commercial or residential uses located within a gated community or on a cul-de-sac.
If a building permit for a project site has been determined to meet or exceed all of the above criteria, a 15% reduction shall be applied to the current transportation impact fee rate(s) in effect at the time of building permit issuance. Any request for a determination of discount shall be made prior to permit issuance to the transportation impact fee coordinator; if a request is not made, the current rates shall apply, as per City Code. This SE TND discount shall expire 12/31/2020.
Square Feet: As referred to in the Transportation Impact Fee Rate Schedule (Exhibit "A"), means total gross leasable square footage. Calculable square feet shall include non-roofed areas which are contemplated to be used or leased in connection with the land use (e.g. outdoor garden shop areas). These are areas integrally related and customarily found in association with the land use including sales areas and stock areas located on the same building site.
Structure: Anything constructed, erected or placed on the development site, the use of which requires more or less permanent location on or in the ground or attached to something having a permanent location on or in the ground.
Townhome (or Townhouse) Dwelling Unit: A self-contained dwelling unit which is designed and constructed so that the unit and lot on which it is located may be individually owned. Townhome units are separated by fireproof and soundproof walls as to provide privacy. Typically three or more units are attached by a common wall.
Traffic-Generating Land Use: See Land Use, Traffic Generating.
Transit Oriented Development (TOD): A development site, as that term is defined in this Section, any portion of which is located within ¼-mile walking distance along a designated roadway from a premium transit stop or station (SunRail or LYMMO) (see Exhibit "C"). Walking distance shall be measured from the development site's nearest property line to a premium transit stop or station utilizing a clear path of travel at least five (5) foot in width, located on a separate surface from the roadway, such as a designated sidewalk or multi-use trail. In calculating the distance for purposes of TOD, temporary obstructions to the path of travel arising from construction projects shall be ignored so long as the obstructed path of travel shall be restored upon completion of the construction project.
Transportation Impact Fee; Impact Assessment Fee: The fee required to be paid in accordance with this Chapter.
Transportation Improvements: A physical asset, constructed or purchased, that is necessary to provide safe and adequate travel service for vehicular traffic, and transit service. The planning, acquisition, expansion or construction of transportation projects includes transportation planning, preliminary engineering, engineering design studies, land surveys, right-of-way acquisition, engineering, permitting and construction of all the necessary features for any transportation project located within the City of Orlando, including, but not limited to:
(a)
construction of the thru lanes.
(b)
construction of turn lanes.
(c)
construction of bridges,
(d)
construction of drainage facilities in conjunction with roadway construction.
(e)
purchase and installation of traffic signalization, signage and markings.
(f)
construction of curbs, medians and shoulders.
(g)
relocating utilities to accommodate roadway construction.
(h)
mass transit and other multimodal transportation projects.
(i)
pedestrian and bicycle improvements that are integrally related to transportation improvements and serve to separate pedestrians and bicyclists from vehicles, thus enhancing the carrying capacity of the transportation system, and
(j)
other improvements, as determined by the City's Transportation Planning Division Manager, that add to the pedestrian or vehicle carrying capacity of the transportation system.
Trip: A one-way movement of vehicular travel or Person Miles of Travel from an origin (one trip end) to a destination (the other trip end). For the purposes of this Chapter, trip shall have the meaning which it has in commonly accepted traffic engineering practice and which is substantially the same as that definition in the previous sentence.
Trip Generation: The attraction or production of trips caused by and associated with a given type or classification of land use category (see Exhibit "A").
Trip Rate; Trip Generation Rate: The average number of vehicle trip ends (one-way trips) which can be attributed to a specific type of land use per unit of development per day as documented in the current ITE Trip Generation Report, and as used in commonly accepted engineering practice.
Unit of Development: The standard incremental measure of land development for a specific type of land use upon which the trip generation rate is based.
Vehicle Miles of Travel: The product of the average trip length times the number of trips generated by a specific type of land use or its equivalent.
(Ord. of 8-25-1986, Doc. #20552; Ord. of 6-6-1988, Doc. #22149; Ord. of 4-24-1989, Doc. #22920; Ord. of 7-16-1990, Doc. #24073; Ord. of 11-28-1994, Doc. #28057; Ord. of 12-16-1996, Doc. #29904; Ord. of 9-11-2006, § 1, Doc. #0609111005; Ord. of 8-30-2010, § 1, Doc. #1008301103; Ord. No. 2012-40, § 1, 10-22-2012, Doc. #1210221201; Ord. No. 2013-21, § 1, 5-6-2013, Doc. #1305061205; Ord. No. 2014-72, § 1, 12-15-2014, Doc. #1412151204; Ord. No. 2017-73, § 2, 1-8-2018, Doc. #1801081209)