logo

Category: Blog

Central Florida Land Planning and Civil Engineering Terms and Conditions for Purchasing Real Estate for Development

One of the difficulties for real estate developers, that are new to Central Florida Real Estate Development, is the amount of time it takes to get the land entitled for construction.  Entitlements include all of the processes and permits required to start construction of the land’s infrastructure.  This includes all of the off-site improvements, site clearing, grading, drainage, utilities, roads, parking lots and finished building pads.  This requires that all of the land planning and civil engineering permit requirements be approved by the governmental agencies having jurisdiction over the property and construction permits issued.

Obtaining all of the land use and civil engineering permits in Central Florida could take between six (6) months to two (2) years depending on the complexity of the project.  The majority of the risk of development from a land planning and civil engineering (entitlement) perspective is in the approval of the “future land use” (FLU), the zoning and the “preliminary subdivision plan” (PSP) or “preliminary site plan”.  The reason for this is that these processes are quasi-political.

The preference of most real estate developers is to have a minimum of 90 day due-diligence period to establish the viability and feasibility of the project.  This is followed by milestones and times in the contract to obtain the various approvals from the agencies to achieve the desired yield of the land that would deem the project to be feasible.  If sufficient time is not allowed to accomplish the various processes then the developer is taking on the risk from the governmental approval (entitlement) processes.

It is common, in the development of larger tracts of land, for the existing future land use (FLU) to be in place but the land has some form of agricultural zoning.  The reason for this has to do with property taxes.  Agricultural land has the lowest property tax rate or it may be exempt altogether.  However, when dealing with very large tracts of land in the outskirts of the municipality’s service area, many times these properties need to have the future land use changed along with the zoning.

Obtaining a change in “future land use” (FLU), zoning and the “preliminary subdivision plan” or “preliminary site plan” (PSP) requires public hearings.  Once the technical staff, often referred to as the “Technical Review Committee” (TRC) or “Development Review Committee” (DRC), deems the paperwork to be complete and either supports or rejects the application it goes through a public hearing process.

The public hearing process varies from municipality to municipality.  In Central Florida the process mostly follows the process described herewith.  After the application is reviewed by the DRC or TRC it goes to the Planning and Zoning Board (P & Z).  The planning and zoning board holds a public hearing where the hearing is advertised to the adjacent property owners and property owners within a certain distance from the property boundaries.  A sign is typically posted on the property as well alerting the public at large of the public hearing.

The Planning and Zoning Board is made up of members appointed by each of the County Commissioners or City Council Members.  Therefore, there are the same number of officers on the planning and zoning board as there are county commissioners or city council members.  The case is brought up before the Board and staff makes a presentation to the board and provides reasons as to why they are for or against the application. Subsequently, the developer and the members of the public are invited to speak either in favor or against the application.

Once the planning and zoning votes for or against the application it goes before the Board of County Commissioners or City Council.  If the P & Z Board approves the application it automatically goes to the next level.  If they deny it the applicant needs to file a formal appeal and then it goes to the next level.  In any case the decision of the Board of County Commissioners or City Council is final unless there are legal reasons to take the matter to the courts (to be determined by the developer and its legal counsel).

This same process occurs for a change in future land use, zoning and PSP.  This takes time.  The process for change in future land use could take as much as one year because these cases may only be heard twice a year.  A change in future land use needs to go to the State level for amending the municipality’s Future Land Use Plan.

Once the FLU change is approved the property needs to be rezoned.  It should be noted, that if the property already has the proper FLU designation then the FLU doesn’t need to be changed and that step is not necessary.  The process can move directly to re-zoning.

The re-zoning process typically takes 3 to 4 months depending on the availability of the municipality in these hearings and whether the project is well supported or poorly supported by either the county staff, board members or the residents. Once the re-zoning is approved then the PSP can be filed.  If the property doesn’t require a subdivision then the process goes directly to final construction site plan approval.

The developer can fast-track the process by approving the Central Florida land planning and civil engineering firm to prepare all of the zoning, PSP and final site plan documents concurrently.  This will save several months in the process instead of waiting, sequentially, for each approval before starting the next step.  Many governmental agencies will even review the documents prior to its ability to approve them.  This enables several months of time to be saved in the preparation and approval of the project.

For example, the zoning can’t be approved until the property has the proper future land use (FLU) designation.  The preliminary subdivision plan, or preliminary site plan (PSP) can’t be approved until the property has the proper zoning designation.  Finally, the final construction site plans (FSP) can’t be approved until the PSP is approved.

Therefore, in a perfect world the contract for purchase of the property should have a minimum 90 day due-diligence period to establish the feasibility of the project.  Once the feasibility of the real estate development is established and the developer decides to move forward the other steps will be required.  The contract should provide different milestones for advancing the purchase of the property to closing.  For example, the contract could be based on getting the required zoning approved, getting the PSP approved and getting the construction permits.  The contract could also be based on obtaining the required minimum number of lots, apartment units, or commercial square feet of building deemed necessary to make the real estate development project feasible.

All of this requires time and time is money.  Negotiating a real estate purchase contract that addresses these time frames and conditions for the closing of the purchase is in the best interest of the developer.  The developer should consult their attorney as well as their Central Florida land planning and civil engineering consultant to determine how long it will take to move the project through the entitlement process and obtain all of the required construction permits.

(This article is not meant to provide legal advice and you should discuss any real estate contracts with a qualified land use or real estate attorney.  This article presents observations based on over 35 years of land planning and civil engineering real estate development experience in Central Florida.)

Excel Engineering Consultants is a Central Florida Land Planning and Civil Engineering Firm specializing in assisting real estate developers get their real estate development projects planned, entitled, permitted, constructed and completed.  Our clients work with us because of our land planning and civil engineering expertise in Central Florida Real Estate Development and our quick response.  You can contact Julian Coto at 407-260-2292, ext 102

Waters of the United States Rule Changes Helps Orlando Real Estate Developers, Home Builders and Land Owners.

In Orlando real estate development, the major impact that the “Waters of the United States” ruling of the “Clean Water Act”, deals with is wetlands.  The “Waters of the United States” rule or WOTUS defines what constitutes a wetland through various mechanisms.

The current rule is a patchwork of regulations which are confusing to the common land owner.  The proposed revisions to the WOTUS rule would afford a more consistent and easier to underdstand definition of what constitutes “waters of the United States”.  This would predominantly be related to wetlands in the Orlando Florida Real Estate Development, especially the Central Florida Home Builders.

The proposal would more clearly define what is a traditional navigable waters; tributaries, regulated ditches, lakes and ponds, impoundments and adjacent wetlands that are regulated by the rule and the US Army Corps of Engineers.

The proposed rules theoretically would allow land planners and civil engineers to create land use plans for real estate developers and home builders with a higher product yield of the land.

To see a summary of the rule changes visit the USEPA’s fact sheet on the proposed rule changes.

https://www.epa.gov/sites/production/files/2018-12/documents/factsheet_-_wotus_revision_overview_12.10_1.pdf

Excel Engineering Consultants, LLC Assists Local Doctor with Medical Center Development

In a recent Orlando Business Journal article,  Dr. Kalidas discussed his vision for a “Medical Tourism” development.  Excel Engineering has the pleasure of  assisting  Dr. Kirti Kalidas and KMP Land Corp. with the Land Planning, Civil Engineering, Permitting and Construction services for the proposed 107,000 square foot Hotel and Medical office development.    Excel Engineering completed site plans for the on-site stormwater management system, water distribution system and sanitary sewer system.  Permitting for this project is through Orange County, St. John’s River Water Management District, the Orlando Utilities Commission, Florida Department of Environmental Protection and Florida Department of Transportation.  We are proud to assist Dr. Kalidas in accomplishing his vision for this innovative medical experience.

Excel Engineering Consultants, LLC is now LEED® AP

The Orlando-based land planning, civil and environmental engineering firm, Excel Engineering Consultants, LLC, is pleased to announce that it recently achieved LEED® Accredited Professional (LEED® AP) certification for its principal Julian Coto, P.E. Mr. Coto is principal engineer and Professional Engineer Registered in: Florida, North Carolina, Georgia, Alabama and South Carolina.

Excel Engineering Consultants, LLC provides land planning, civil and environmental engineering services to private, institutional, industrial and public clients. Services include land planning; land use feasibility studies; planning and engineering of commercial, residential, institutional and industrial campuses; water supply, treatment and distribution; wastewater collection, treatment and disposal; and project management.

Developed by the U.S. Green Building Council (USGBC), the LEED (Leadership in Energy and Environmental Design) accreditation is an important achievement in reinforcing the firm’s mission of “Sustainable Communities by Design.” For more information about Excel Engineering Consultants, LLC services, visit us on the web at http://www.excelengineers.com.

The U.S. Green Building Council (USGBC) is a 501(c)(3) non-profit composed of leaders from every sector of the building industry working to promote buildings and communities that are environmentally responsible, profitable and healthy places to live and work.

For information about USGBC and LEED®, please visit http://www.usgbc.org.

Governor Rick Scott’s First Actions in Office

Scott Suspends Agency Rule-Making

In one of his first major actions since his inauguration last week, Florida Governor Rick Scott has issued an Executive Order that freezes all new regulations and establishes the Office of Fiscal Accountability and Regulatory Reform, which will review all rules prior to promulgation as well as agency practices and contracts. The order immediately suspends rulemaking for all agencies under the direction of the Governor; imposes 90-day suspension on execution of any contracts with a value in excess of $1 million, without prior approval from the Office; and prohibits agencies from promulgating rules unless they obtain prior approval from the Office. The order is part of Scott’s overall plan to reduce government regulation, remove regulatory burdens on small businesses, and enhance Florida’s economic development opportunities.

Buzzett Named New DCA Secretary

Florida Governor Rick Scott has named former St. Joe Co. executive Billy Buzzett to lead the state Department of Community Affairs (DCA). Buzzett is a civil engineer and land-use attorney who served as a vice president of strategic planning for St. Joe up until 2009. In making the appointment, Scott said Buzzett was “well-positioned to manage the consolidation of DCA into other state agencies.” Buzzett is no stranger to government having served on the 1998 Constitutional Revision Commission and as an administrative law judge and associate general counsel for former Gov. Bob Martinez. Buzzett succeeds another land-use attorney, Tom Pelham, as DCA secretary.

FHBA Newsletter January 10, 2011

Excel Engineering’s Survey Results

In a survey conducted in February 2011, 96% of our clients gave us a score of 10(1) for customer service experience and 100% of our clients gave us a score of 10(1) for recommending us to their friends and colleagues. Our clients told us that they liked our team, responsiveness, accessibility and our in-depth expertise. Over the Past 20 Years we have developed a proven “9 Steps to Project Success” process to save our clients time, money and frustration in the project design and permitting process.

(1) The survey asked 5 questions one of which was “on a scale of 1 to 10 (10 being the best) rate your customer service experience”. 99% of our clients gave us score of 9 to 10. The other was “on a scale of 1 to 10 (10 being the best) rate if you would recommend us to a friend”.

Stormwater Management-Terrain

Stormwater is water that essentially comes from all forms of weather (rain, melted snow) and has an acute tendency to flow across hard surfaces that don’t soak up water. These surfaces are commonly parking lots, roof tops, sidewalks, and streets. The trouble with stormwater arises from two issues:

  • If the actual volume of stormwater is too great, it can lead to flooding and other forms of water
  • Stormwater is notorious for carrying contaminants quickly and over a large area.

Some of the common pollutants in stormwater are heavy metals, debris, oils, bacteria, and harsh elements. It is difficult to treat stormwater before it enters bodies of water such as streams and lakes. It also has the chance of creating problems within cities’ wastewater treatment plants.

If stormwater isn’t moderated, it also contributes many problems because of its overwhelming volume. Streams, for example, have a certain amount of water they can manage. With an excess of stormwater, natural drainage ways become eroded, banks and bottoms are worn away, and the natural habitat of wildlife is harmed.

It is important for every project to develop stormwater pollution prevention plans. These control measures will benefit the area of land development in the long run. Many times, these construction projects are required to have a Construction Stormwater General Permit, but it is also up to the individual to execute a strategy to control stormwater on their site.

Stormwater management has to be an ongoing topic of importance for land planning and development in Orlando, especially for bigger projects such as apartment complexes and assisted living facilities. These developments take far larger amounts of planning and time. It requires well-conceived execution to be able to manage stormwater, especially here in Florida.

Excel Engineering Consultants are experts in Orlando land planning and Orlando civil engineering. By using our comprehensive civil engineering services, we will ensure stormwater management and drainage at your site is optimized and efficient. Contact us today at 1-800-806-1206.

Stormwater Management-Geography

We discussed the negative impact stormwater has, but there are different ways to conquer its adverse effects.In fact, there are ways of even benefiting from stormwater.One of the best ways to utilize the benefits of stormwater is having the capacity to actually capture it and eventually reuse it.By capturing stormwater, wastewater treatment plants are able to tap into a new source of water to distribute to municipalities and private enterprises.Some approaches that are able to accomplish this are constructed-wetland stormwater treatment systems, small lot reuse, source reuse, and a few others.

Cities are considering stormwater more with the construction and expansion of their infrastructure.Proper runoff is going to be a core concern for any stormwater management system.The motion is moving further away from sewer collection and providing benefits and efficiency to watersheds.Diverting stormwater appropriately benefits the usage of alternative land, such as vegetation and wildlife. Different surfaces are going to have the ability to route wastewater to its desired location.

By working to mitigate runoff, water quality can be enhanced along with being able to harness the benefits of improved groundwater.Many cities around the world are working on the “best practices” for managing stormwater, and we should see exciting results in years to come.

Managing stormwater is not only important for vegetation, the efficiency of municipalities, and water treatment facilities.It is important for developing a sustainable infrastructure for assisted living facilities and apartment complexes.Land development in Orlando must be measured expertly and executed professionally.

Excel Engineering Consultants are experts in Orlando land planning and , Orlando civil engineering.By using our comprehensive civil engineering services, we will ensure stormwater management and drainage at your site is optimized and efficient.

Call Excel Engineering for all your Orlando Civil Engineering needs: 407-260-2292

Excel Engineering for Water Treatment Operation and Maintenance help

How Will These New Florida Land Development Regulations Affect Your Next Project ?

Are You Aware that in July of this year some new laws came into effect in Florida which will affect your Florida land development project. Some of these new Regulations are good and others may be not-so-good. Let me explain…..

The Good

IF you have a land development permit with any of the Water Management districts (St. Johns River, South Florida, or SW Florida), or the FDEP, you may be eligible for a 2 year extension-and it will not cost you anything. Here is how it works. Land development permits issued by the FDEP or the water management districts are known as Environmental Resource Permits (ERP).House Bill (HB) 503 provides for a 2 year extension of certain ERP.

Does Your Project Qualify for the 2 Year Extension?

Let’s see if your project qualifies for this 2 year extension of time.

  1. Does your ERP expire between Jan 1, 2012 and Jan 1, 2014?
  2. Have you previously requested any extensions of time?
  3. If you received extensions of time in 2010 or 2011 under other House Bills you may still qualify.

How Do You Get An Extension Of Time

To get an extension of time you should have your engineer submit a written extension of time letter to the FDEP, SJRWMD, SWFWMD, or the SFWMD before December 31, 2012.In this letter you need to let them know that you want the extension of time. You also need to identify the specific permits that you wish to extend. You must also include a schedule for the construction.

What If You’re Permit Expired

If your permit expired you may still be able to take advantage of this extension of time. Some conditions apply.

Permit Conditions that Won’t Qualify

  1. Is your project substantially out of compliance?
  2. Is your project under a court order?
  3. Do you have wetland impacts?

If you believe that your ERP may qualify for an extension of time speak with your attorney or engineer about this to see if you qualify. Make sure that you get this done “pronto”. Because the deadline for completing the process is December 30, 2012.And there will probably be a bunch of last minute requests and some may fall through the cracks. Don’t be one of them.

 

 

Self-Certification of Projects that are Less Than 10 Acres:

If you have a project that is less than 10 acres in size and has less than 2 acres of impervious surface you may be able to avoid the lengthy permitting process through any of the water management districts (SJRWMD, SWFWMD, SFWMD) or the FDEP. This new legislation allows your engineer to self-certify the project. This requires a Professional Engineer that certifies that the project meets the following criteria:

  1. It was designed by a Professional Engineer.
  2. The total area is less than 10 acres and has less than 2 acres of impervious area.
  3. The project isn’t part of a larger master planned project (sorry but you can’t chop a big project in pieces to get around the rules).
  4. No Wetland or Surface water impacts.
  5. The size of the drainage pipes won’t be larger than 24 inches.

Well if you have a small project that qualifies you can by-pass the whole lengthy permitting process with the water management district of the FDEP.

The Maybe Not-So-Good

Uniform Statewide ERP regulations: The State has been working on consolidating the land development regulations of the various Water Management Districts and the FDEP into one set of rules. Presently each water management district and the FDEP have different rules. This is both good and bad. The bad is that there is no uniformity in the rules. So for instance; in Orange County you have both the SJRWMD and the SFWMD. Depending on which side of the line your project is located different rules apply.

Now SJRWMD has some rules that are very good for land development as compared to the SFWMD rules and vice versa. My fear is that the consolidation will mean throwing out all the rules from each district that benefit land development and don’t have a significant impact on the environment. And keeping all the rules from each district that are the most stringent.

For projects in Central Florida this will have a marked difference. The SJRWMD allows you to lower the water table by up to 5 feet in order to create volume for your storm water requirements. This allows you to minimize the size of the pond because you store more of the volume vertically. However, the SFWMD does not allow you to lower the water table. This makes your ponds bigger and subjects more of your developable land to being a retention pond. This means more expensive land for you and lower R.O.I. for your project.

We’ll have to wait and see. The rule making is set for October of this year (that’s 2012).And I’ll keep you posted.

If you would like more information about these rule changes and how it may affect your land development project or would like to receive the full rule so that you can read it yourself, send me an email, call me or drop by the office and I’ll get it to you.

Call Excel Engineering for all your Orlando Civil Engineering and land development needs: 407-260-2292


Excel Engineering Consultants | 407-260-2292 | bizleads@excelengineers.com


Website Designed by PostcardMania.com