§ 59.209. Transportation Concurrency Exception Area (TCEA) and Mobility Strategies.

(a)

Purpose and Intent. The intent of the Transportation Concurrency Exception Area (TCEA) is to discourage the proliferation of urban sprawl while encouraging and providing: a compact urban form, the redevelopment and renewal of blighted areas, infill development, and alternative transportation modes.

(b)

Relationship to the Growth Management Plan. The transportation mitigation strategies contained in this Section implement the goals, objectives and policies of the Transportation Element of the Growth Management Plan (GMP) by improving access to transportation choices through the enhancement of public transit, bicycle and pedestrian systems, intermodal facilities, demand management programs and traffic management techniques.

(c)

Boundaries and Effect. The City of Orlando's municipal jurisdiction is a TCEA, consistent with Section 163.3180, F.S. and Rule 9J-5.0055, F.A.C., as amended. All development located within the City, except for Developments of Regional Impact, shall be exempt from transportation concurrency requirements, so long as transportation impacts are mitigated following the procedures provided herein.

(d)

Traffic Impacts. References to Average Daily Trips in this Section shall be calculated consistent with the most recent Institute of Transportation Engineering (ITE) Trip Generation Manual procedures.

(e)

Mobility Areas. The City is further subdivided into Mobility Areas A, B and C, as depicted on Figure TE-3, to recognize and distinguish the different transportation mobility needs of areas within the City. All development, which includes any change/expansion of use and redevelopment, within the City shall mitigate transportation impacts by incorporating Mandatory and Supplemental Transportation Mitigation Strategies as follows:

(1)

Mobility Area A - Comply with Mandatory Transportation Mitigation Strategies (1) through (8).

(2)

Mobility Area B - Comply with Mandatory Transportation Mitigation Strategies (1) through (8) and the number of Supplemental Transportation Mitigation Strategies that correspond to the impact of the proposed development, as provided in the table below.

Net Impact (NEW Average Daily Trips)	Min. No. of Supplemental Strategies
1 to 40	(exempt)
41 to 500	At least one strategy
501 to 1000	At least two strategies
1001 to 5,000	At least three strategies
5,001 or more	At least four strategies

 

Any applicant claiming an exemption because the development generates 40 trips or less must make the claim at the time of application for development and must show that the development is not part of a Master Plan, a Planned Development Ordinance or some other unified development generating more than 40 trips.

(3)

Mobility Area C - Comply with Mandatory Transportation Mitigation Strategies (1) through (8) and the number of Supplemental Transportation Mitigation Strategies that correspond to the impact of the proposed development, as provided in the table below.

Net Impact (NEW Average Daily Trips)	Min. No. of Supplemental Strategies
1 to 40	(exempt)
41 to 500	At least one strategy
501 to 1000	At least two strategies
1001 to 5,000	At least four strategies
5,001 or more	At least six strategies

 

Any applicant claiming an exemption because the development generates 40 trips or less must make the claim at the time of application for development and must show that the development is not part of a Master Plan, a Planned Development Ordinance or some other unified development generating more than 40 trips.

(f)

Mandatory Transportation Mitigation Strategies. Developments located within Mobility Areas A, B, and C shall comply with each of the following requirements as transportation mitigation strategies, which strategies must be completed prior to the issuance of any Certificate of Occupancy/Completion, in accordance with City Code.

(1)

Provide on-site pedestrian circulation such as sidewalks and crosswalks connecting buildings and parking areas at the development site, and sidewalk connections from the development to existing and planned public sidewalks along the development frontage, in accordance with the requirements of Chapter 61.

(2)

Provide joint-use driveways and unified access and circulation for the development where feasible, as determined by the Public Works Director, in conjunction with the Transportation Planning Division Manager or his/her designee, in accordance with Chapter 61, Part 1A.

(3)

Provide for the establishment of areas, or the conveyance of required easements to the City, along the development's property frontage, consistent with the Major Thoroughfare Plan, for the construction of public sidewalks, bus turn-out facilities and/or bus shelters that are necessary to serve the development.

(4)

Close non-conforming and/or unsafe curb cuts at the development site, as determined by the City Engineer, in conjunction with the Transportation Planning Division Manager or his/her designee, in accordance with Chapter 61, Part 2E.

(5)

Provide bicycle network connections, as necessary to serve the development, from the development to existing and planned public bicycle access along the development frontage consistent with the City's Bicycle Plan and the Growth Management Plan (GMP).

(6)

Provide bicycle parking for the development, in accordance with Chapter 61, Part 3D, as necessary to serve the development.

(7)

Provide bicycle/pedestrian trail connections/easements, as necessary to serve the development, from the development to the existing and planned City of Orlando Recreation Trails and Greenway Network, if applicable, in accordance with the GMP.

(8)

Provide a proportionate fair-share contribution, if applicable, in accordance with Part 10 of this Chapter, for new transportation facilities which provide alternate routes or modes of transportation to reduce traffic congestion impacted by the development.

(g)

Supplemental Transportation Mitigation Strategies. Applicants for developments located within Mobility Areas B and C shall select from the following alternatives to comply with the minimum number of Supplemental Transportation Mitigation Strategies required by this Code. All selections are subject to the approval of the City's Transportation Planning Division Manager or his/her designee, based on the policies and methodologies underlying this Chapter. Existing facilities will not be counted towards the satisfaction of any Supplemental Transportation Mitigation Strategy.

(1)

Provide a one-time payment to the City for the cost of installing solar lighting in any existing bus shelters serving the development site.

(2)

Provide a one-time payment to the City for the cost of constructing bus shelters to serve the proposed development

(3)

Provide a one-time payment to the City for the cost of constructing bus turn-out facilities to serve the development.

(4)

Provide a one-time proportionate payment to the City for the construction of LYNX super bus stops or transit transfer station to serve the development.

(5)

Provide a one-time payment into the City's sidewalk fund for the construction of pedestrian connections, on public property abutting the development site, to the existing pedestrian system. However, sidewalk construction required to meet the Land Development Code requirements along property frontages shall not count as meeting this Supplemental Transportation Mitigation Strategy.

(6)

Widen existing public sidewalks on the development site, where substandard, to increase pedestrian mobility and safety in accordance with Chapter 61.

(7)

Provide a one-time payment to a City-approved landscape program, as defined in Chapter 60 to serve the development.

(8)

Provide shading through awnings or tree canopies over public sidewalk areas that serve the development to offer protection from the weather so that walking is encouraged. Pedestrian shading shall be provided for the entire length of all public sidewalks on the development site.

(9)

Construct a bike-transit center on the development site, consistent with the GMP Transportation Element (Policies 1.4.3 & 1.4.4), to serve the development and as an incentive to use alternate modes of transportation. In conjunction with said construction, the developer shall secure a partnership with a bike-transit center operator, including a written agreement with the operator, in a form acceptable to the City Attorney's Office, for the operation and management of the bike transit center.

(10)

Provide enhancements to the City's trail network to serve the development in a manner which increases its utility as a multi-modal transportation route. Such enhancements may include, but not be limited to: a) trail amenities such as benches or drinking fountains b) bicycle parking at entry points or connections with transit lines; c) land acquisition for expansion or better connectivity of the trail network; d) additional entry points to the trail network and/or e) bridges spanning water bodies or wetland areas.

(11)

Provide reserved parking spaces closest to the building entrances at the development site (subject to required handicap parking spaces) for car-sharing program vehicles to encourage participation and visibility.

(12)

Provide a transportation demand management plan to serve the development that makes reasonable incentives available for employees and residents to use transportation modes other than single occupant vehicles, in accordance with the goals of the City's Growth Management Plan Transportation Element. Such a transportation demand management plan shall provide annual operations reports to the City for at least ten years, indicating achievements in the main goal of reducing single occupant vehicle trips.

(13)

Design the development site as a Transit Oriented Development that:

a.

Is a mixed-use project;

b.

Incorporates features to encourage transit ridership;

c.

Has an activity center with a proposed transit station or stop;

d.

Is located within a radius of one-quarter to one-half mile from an existing transit station or stop; and

e.

Is designed at no less than 90% of the maximum FAR or 90% of the maximum density allowed.

(14)

Provide additional intersection and/or signalization modifications to serve the development site by improving level of service and safety and addressing congestion management, above and beyond the transportation improvements that are required due to traffic safety and/or operating conditions. This may include, but is not limited to: roundabouts, signal timing studies, fiber optic inter-connection for traffic signals, OPTICOM signal preemption and installation of Intelligent Transportation System (ITS) features, such as; state of the art traffic signal controllers, dynamic message signs, and traffic monitoring cameras designed to maximize the efficiency of the roadway network by reducing congestion and delay.

(15)

Provide for the construction of an innovative transportation-related modification or standard, where acceptable to and approved by the City.

(h)

Safety and Operational Improvements. Transportation improvements that are required to serve the development due to traffic safety and/or operating conditions shall be provided by the developer at the developer's expense and shall not count towards meeting Supplemental Transportation Mitigation requirements.

(i)

Neighborhood Traffic Impact Analysis. When a proposed development located within the City is projected to generate more than 1,000 average daily trips or when any proposed development will increase traffic by more than ten percent (10%) on any collector or local street, the applicant shall analyze the potential impacts of that development on transportation facilities by preparing, in consultation with the City's Transportation Planning Division Manager, a neighborhood traffic impact analysis. The Municipal Planning Board may waive this requirement, upon recommendation of the Transportation Planning Division, if there are no mitigation measures appropriate or applicable to the impacted facilities. The City may require that the developer conduct special transportation studies, and/or signal warrants, if necessary, to determine the need for transportation modifications for improved traffic operation and/or safety on road segments impacted by the development.

(j)

Minimum Cost of Supplemental Transportation Mitigation Strategies. The minimum total cost of implementing the selected Supplemental Transportation Mitigation Strategies shall not be less than ten (10%) of the transportation impact fees associated with the proposed development or the applicable phase thereof. The percentage utilized under this subsection is at the discretion of the applicant in consultation with the City's Transportation Planning Division Manager, and his/her designees, during the development approval process. The City shall estimate the applicable transportation impact fees as soon as practicable after the application for the development is filed. The cost of implementing the selected strategies shall be determined by the Transportation Planning Division Manager or his/her designee, in consultation with the City's Permitting Division Manager and the City's Transportation Engineer, based on generally accepted industry data and standards and also on reasonable data supplied by the Applicant.

(k)

Transportation Impact Fee Credit. The applicant shall receive a transportation impact fee credit, in the amount of the cost of implementing the selected Supplemental Transportation Mitigation Strategies, not to exceed 30% of the transportation impact fees assessed against the proposed development or the applicable phase thereof.

(Ord. No. 2013-24, § 1, 5-6-2013, Doc. #1305061204)