§ 122-8. Determination of concurrency.

(a)

Within 30 days after a determination of completeness, the concurrency management division shall make a determination in accordance with section 122-6 as to whether required public facilities are or will be available when needed to serve the proposed development and determine the effective period during which such facilities will be available to serve the proposed development according to the development schedule in the application for preliminary concurrency determination.

(b)

Capacity credits, in accordance with the methodology established in the city's concurrency management system manual, shall be given for:

(1)

Properties that have received a demolition permit one year or less prior to the adoption of this chapter, provided that a certificate of occupancy is granted within one year of the date of issuance of the demolition credit; and

(2)

Properties with existing improvements that are proposed to be renovated or demolished.

(c)

Within five days after a determination of concurrency, the concurrency management division shall notify the applicant of the determination.

(d)

In the event the determination is made that the required public facilities will not be available where needed to serve the proposed development within the applicable TAZ or the TCMA, an applicant for a preliminary concurrency determination may propose a mitigation program in order to avoid a negative determination of concurrency. The proposed mitigation program shall be based on the same methodology for determining concurrency, and the city municipal mobility plan, and shall include a specific delineation of responsibilities for providing the required public facilities improvements, adequate methods for securing performance of the mitigation program, payment of mitigation monies and a proposed recapture program for the provision of excess capacity, if applicable. Such mitigation program shall be reviewed and approved by the concurrency management division, other appropriate departments of the city and other agencies having jurisdiction. The applicant shall enter into a mitigation agreement, committing to the mitigation program, with the concurrency management division, which is hereby authorized to enter into such an agreement on behalf of the city, subject to the approval of the city attorney's office. The concurrency management division may grant up to 30 percent mitigation credit to individual projects with approved historic designation undergoing major rehabilitation. No credit will be granted to projects that have already been rehabilitated and are intensifying their existing land usage. The city commission may adopt by resolution programs and policies allowing for transportation concurrency exemptions, a sliding scale, and/or credits for small businesses operating within existing structures, which have been determined to have a minor impact to the existing roadway LOS.

(e)

If the concurrency management division determines that the required public facilities are or will be available to serve the proposed development as provided in section 22-6, the concurrency management division shall issue a preliminary concurrency determination impact certificate which shall be effective for a period of one year from the date of the issuance of the determination, unless otherwise specified on the face of the preliminary concurrency determination. An extension of this one year period may be granted by the concurrency management division for an additional six months provided that an application for development approval is being diligently pursued through the city's development review process and provided that an extension is requested within the original one year period. In the event the issuance of a preliminary concurrency determination is based on an approved mitigation program, such certificate shall be expressly conditioned upon compliance with such program.

(f)

In the event a preliminary concurrency determination impact certificate is issued, upon issuance of the final development order for which the preliminary concurrency determination is based, and upon payment of applicable mitigation fees as provided for in this Code, a final reservation certificate shall be issued and the available capacity for the respective TCMA and TAZ for the applicable public facilities will be reduced by the projected demand for the project until the reservation of the capacity expires or becomes permanent. Upon issuance of a certificate of occupancy for the project, the reservation of the capacity of the applicable public facilities becomes permanent.

(g)

A final concurrency reservation certificate will expire within one year of issuance unless a building permit is obtained. This one year period is a reservation of capacity which can be extended once for an additional year for good cause shown, provided that an application to the concurrency management division for an extension is made within the original one year period.

(h)

If the concurrency management division determines that the required public facilities are not and will not be available to serve the proposed development and that an acceptable mitigation program has not been provided, the concurrency management division shall issue a notice of negative determination of concurrency and identify service areas experiencing deficiency, and the improvements necessary to allow the issuance of a preliminary concurrency determination. If a notice of negative determination is rendered, no further review of the development order shall be conducted until an appeal is resolved in favor of the applicant or a new or modified application of a preliminary concurrency determination is filed and a determination of concurrency is made.

(Ord. No. 2000-3242, § 2, 5-10-00; Ord. No. 2003-3424, § 1, 9-10-03)