§ 59.1005. Application Process.

(1)

Upon notification of a lack of capacity to satisfy transportation concurrency, the applicant shall also be notified in writing of the option to satisfy transportation concurrency through the Proportionate Fair-Share Program pursuant to the requirements of Section 59.1003.

(2)

Prior to submitting an application for a proportionate fair-share agreement, a pre-application meeting shall be held with City staff to discuss eligibility, application submittal requirements, potential mitigation options, and related issues. If the impacted facility is on the Strategic Intermodal System (SIS), then the FDOT will be notified and invited to participate in the pre-application meeting.

(3)

Eligible applicants shall submit an application to the City that includes the non-refundable concurrency resolution fee in accordance with the City's listed schedule of permitting fees as amended from time to time and, at a minimum, the following:

(a)

Name, address and phone number of owner(s), developer and agent;

(b)

Property location, including parcel identification numbers;

(c)

Legal description and survey of property;

(d)

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

(e)

Phasing schedule, if applicable;

(f)

Description of requested proportionate fair-share mitigation method(s); and

(g)

Copy of transportation concurrency application.

(4)

The Concurrency Management Official (CMO) shall review the application and certify whether the application is sufficient and complete within 10 business days of submittal to the City. If an application is determined to be insufficient, incomplete or inconsistent with the general requirements of the City's Proportionate Fair-Share Program as indicated in Ch. 59, then the City shall notify the applicant in writing of the reasons for such deficiencies within 20 business days of submittal of the application. If the applicant does not remedy such deficiencies within 30 days of receipt of the written notification, then the application will be deemed abandoned and the fee shall be forfeited. The CMO may, in his or her discretion, grant an extension of time not to exceed 60 days to cure such deficiencies, provided that the applicant has shown good cause for the extension and has taken reasonable steps to effect a cure.

(5)

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 the FDOT. The applicant shall submit, as part of the application, evidence of an agreement between the applicant and the FDOT providing for FDOT's consent to the proposed proportionate fair share mitigation, for inclusion in the proportionate fair-share agreement.

(6)

At the time an application is deemed sufficient, complete, and eligible, the applicant shall be advised in writing and a proposed proportionate fair-share obligation and binding agreement will be prepared by the City or the applicant with direction from the City and delivered to the appropriate parties for review, including a copy to the FDOT for any proposed proportionate fair-share mitigation on a SIS facility, no later than 60 days from the date at which the applicant received the notification of a sufficient application.

(7)

The City shall notify the applicant regarding the date of the Orlando City Council meeting when the agreement will be considered for final approval. No proportionate fair-share agreement will be effective until approved by City Council.

(Ord. of 10-29-2007, § 2, Doc. #0710291002)