Notwithstanding anything to the contrary in the Concurrency Management Ordinance, an applicant for development may choose to satisfy all transportation concurrency requirements by contributing or paying proportionate fair-share mitigation only under the under the following conditions.
(A) The proposed development is consistent with the Comprehensive Plan, this subchapter and applicable land development regulations.
(B) The City Five-Year Capital Improvement Program (CIP) includes transportation improvements that, upon completion, will fully mitigate for the additional traffic generated by the proposed development.
(C) If the City Concurrency Management System indicates that the capacity of the transportation improvement set forth in the CIP has already been consumed by the allocated trips of previously approved development, or the CIP does not reflect the transportation improvement needed to satisfy concurrency, then the provisions of division (D) below shall apply.
(D) The city may choose to allow an applicant to satisfy transportation concurrency through the Proportionate Fair-Share Program by contributing to an improvement that, upon completion, will fully mitigate for the additional traffic generated by the proposed development but is not contained in CIP as follows.
(1) The City Council votes to add the improvement to the CIP no later than the next regularly scheduled update of the CIP. To qualify for consideration under this section, the proposed improvement must be determined to be financially feasible pursuant to F.S. § 163.3180(16)(b), consistent with the Comprehensive Plan, and in compliance with the provisions of this section. The term FINANCIAL FEASIBILITY under this subchapter mean that additional contributions, payments or funding sources are reasonably anticipated during a period not to exceed ten years to fully mitigate for the impacts of the proposed development on transportation facilities.
(2) If the funds allocated for the CIP are insufficient to fully fund construction of a transportation improvement required by the concurrency management system, the city may enter into a Binding Proportionate Fair-Share Agreement with the applicant and as a condition of development approval authorize construction of that amount of development on which the proportionate fair share is calculated if the proposed proportionate fair-share mitigation will in the opinion of the city, or governmental entity maintaining the transportation facility, significantly benefit the impacted transportation system. Criteria governing this opinion include whether the proposed transportation improvements that would constitute proportionate fair-share mitigation are contained in an adopted short- or long-range transportation plan or program of the city, TPO, FDOT or local or regional transit agency. Proposed improvements not reflected in an adopted transportation plan or program that would significantly reduce access problems and congestion, trips or increase mobility in the impacted transportation system, such as new roads, additional right-of-way, service roads, operational improvements, improved network development, increased connectivity, roadway drainage or transit oriented solutions, may also be considered at the discretion of the city. Any improvement or improvements funded by proportionate fair-share mitigation must be adopted into the CIP at the next regularly scheduled update of the CIP.
(E) Any improvement project proposed to meet the developer’s fair-share obligation must meet design standards of the city for locally maintained roadways and those of the Florida Department of Transportation (FDOT) for the state highway system.
(Ord. 531, passed 1-9-2007)