§ 98-2503. Application process.

(a)

Upon the notification of a lack of capacity to satisfy transportation concurrency, an applicant may choose to satisfy transportation concurrency through the proportionate fair-share program pursuant to the general requirements provided herein.

(b)

Prior to submitting an application for a proportionate fair-share agreement, the applicant shall attend a pre-application meeting with the streets department and the planning division to discuss eligibility, application submittal requirements, potential mitigation options and related issues. If the impacted facility is on the strategic intermodal system (SIS), then FDOT will be notified and invited to participate in the pre-application meeting.

(c)

Eligible applicants shall submit an application to the planning division that includes an application fee, as established by resolution or administrative order, and the following:

(1)

Name, address, and phone number of owner, developer and agent;

(2)

Property location, including parcel identification numbers;

(3)

Legal description and survey of property;

(4)

Project description, including type, intensity, and amount of development;

(5)

Phasing schedule, if applicable;

(6)

Description of requested proportionate fair-share mitigation method;

(7)

Copy of concurrency application; and

(8)

Location map depicting the site and affected road network.

(d)

Within ten business days, the streets department and planning division shall review the application and certify that the application is sufficient and complete. If an application is determined to be insufficient, incomplete, or inconsistent with the general requirements of the proportionate fair-share program, then the applicant shall be notified in writing of the reasons for such deficiencies within ten business days of submittal of the application. If such deficiencies are not remedied by the applicant within 30 days of receipt of the written notification, then the application shall be deemed abandoned.

(e)

Pursuant to F.S. § 163.3180(16)(e), proposed proportionate fair-share mitigation for development impacts to facilities on the SIS requires the concurrency of FDOT. If a SIS facility is proposed for proportionate share mitigation, the applicant shall submit evidence of an agreement between the applicant and FDOT for inclusion in the proportionate fair-share agreement.

(f)

Once an application is deemed sufficient, complete, and eligible, a proposed proportionate fair-share obligation and binding agreement will be prepared by the applicant with city assistance and delivered to the streets department and planning division for review, including a copy to FDOT for any proposed proportionate fair-share mitigation on SIS facilities, no later than 60 days from the date at which the application was determined to be sufficient and no fewer than 14 days prior to the city council meeting when the agreement will be considered.

(g)

The office of the city clerk shall notify the applicant of the date, time, and location of city council meeting at which the agreement will be considered for final action. No proportionate fair-share agreement will be effective until approved by the city, by resolution.

(Ord. No. 2007-36, § 2, 4-10-2007)