It is the purpose of this article to describe the requirements and procedures for determination of consistency of proposed development projects with the city comprehensive master plan, including meeting the concurrency requirements of the plan.

3.02.01. Generally. The method of ensuring concurrency is based upon the city comprehensive plan, especially the capital improvements element and adopted level of service (LOS) standards. The system is designed to ensure that the issuance of a building permit or site plan approval will not result in a degradation of the adopted levels of service for specified public facilities and services. The city shall regularly monitor the levels of service and available capacity of public facilities and services.

(Ord. No. 4021, § 2, 4-6-2015)

3.02.02. Adopted levels of service shall not be degraded.

A.

General rule. All applications for site plan approval shall demonstrate that the proposed development does not degrade adopted public facility level of service standards in the city comprehensive plan.

B.

Exception. Notwithstanding the foregoing, the prescribed levels of service may be degraded during the actual construction of new facilities, if upon completion of the new facilities the prescribed levels of service will be met.

(Ord. No. 4021, § 2, 4-6-2015)

3.02.03. General method for determination of available capacity. For the purposes of these regulations the available capacity of a facility shall generally be determined by:

A.

Adding together:

1.

The total capacity of existing facilities operating at the required level of service; and

2.

The total capacity of new facilities, if any, that will become available on or before the date of occupancy of the development. The capacity of new facilities may be counted only if one or more of the following is shown:

a.

Construction of the new facilities is underway at the time of issuance of the final development order.

b.

The new facilities are the subject of a binding executed contract for the construction of the facilities or the provision of services at the time of approval of the final development order.

c.

The new facilities are guaranteed in an enforceable development agreement. An enforceable development agreement may include, but is not limited to, development agreement pursuant to F.S. 163.3220 et seq., or an agreement or development order pursuant to F.S. ch. 380. Such facilities shall be consistent with the capital improvements element of the city comprehensive master plan. The agreement must guarantee that the necessary facilities and services will be in place when the impacts of the development occur.

B.

Subtracting from that number the sum of:

1.

The demand for the service or facility created by existing development; and

2.

The demand for the service or facility created by the anticipated completion of other approved developments, redevelopment, or other development activity.

(Ord. No. 4021, § 2, 4-6-2015)

3.02.04. Burden of showing compliance on developer. The burden of showing compliance with the level of service standards shall be upon the developer. In order to be approvable, applications for development approval shall provide sufficient information showing compliance with these standards. Therefore, all applicants for site plan approval must file a separate application for concurrency evaluation with the city engineer's office and remit the required processing fee.

(Ord. No. 4021, § 2, 4-6-2015)

3.02.05. Specific methodology by public facility. The specific methodology for each type of public facility is provided below.

A.

Potable water. Applicant will provide a letter or other official document from the Miami-Dade County Water and Sewer Authority Department indicating there is sufficient capacity to serve the proposed development at the adopted level of service (LOS) standard.

B.

Sanitary sewer. Applicant will provide a letter or other official document from the Miami-Dade County Water and Sewer Authority Department indicating there is sufficient capacity to serve the proposed development at the adopted LOS standard.

C.

Solid waste. Applicant will provide a letter or other official document from Miami-Dade County demonstrating that there is sufficient capacity to serve the proposed development at the adopted LOS standard.

D.

Drainage. An analysis must be submitted and approved by the city engineer from a Florida certified engineer documenting that the proposed development site and adjacent public roads will meet or exceed the adopted drainage LOS standard.

E.

Parks. This standard is applicable only to proposed developments containing multifamily residential use The adopted LOS standard for parks is 1.45 acres of developed parkland per 1,000 population. The parks methodology is as follows:

1.

Determine the total population of the development and divide it by the adopted LOS standard to provide the park acreage need.

2.

Compare the park acreage need to the available parks capacity in the city. If a deficiency is identified, section 3.02.06 below is applicable.

F.

Transportation. Applicant must provide a traffic statement or study showing the projected LOS on all road segments and overall intersections within one-half mile of the property line of the proposed development, subject to approval by the city engineer. The traffic statement or analysis shall include existing, vested, committed, future background and project traffic. For purposes of this paragraph, committed traffic is from projects that have filed for or received site plan approval. Those roads and overall intersections projected to have a transportation deficiency, if any, must be identified. For deficient roadways, the statement or study must also contain a proportionate-share contribution calculation based upon the number of trips from the proposed development expected to reach the deficient roadway during peak hour, divided by the change in the peak hour maximum service volume of the roadway resulting from construction of an improvement necessary to maintain or achieve the adopted LOS, multiplied by the construction cost, at the time of development payment, of the improvement necessary to achieve or maintain the adopted LOS. The city engineer, at his or her discretion, may require additional analysis and information regarding any development project seeking concurrency approval.

The traffic concurrency management area ("TCMA"), as established in the city comprehensive master plan, shall not be subject to compliance with the above-mentioned transportation concurrency standards Alternatively, the specific methodology for the TCMA shall be undertaken analyzing the person-trip transportation methodology or an alternate mix-use methodology as approved by the zoning director.

In an effort to address the continued growth and progress of the City, and as an integral element to multi-modal transportation and traffic patterns to and from the City, development programs approved subsequent to the enactment of Ordinance No. 4999, which impact the SW 112 Avenue corridor and/or increases the traffic patterns to and from the City, shall provide pro-rata payments towards the SW 112 Avenue Connection, as provided for in Section 2.05.27 of the Code.

G.

Public schools. For all residential developments seeking a site plan or final subdivision approval or the functional equivalent, Miami-Dade Public Schools must assess the project impact on the school system; provided however, that university housing within the University District, as defined by section 2.05.02(10) of this Code, shall not be considered residential development for purposes of school concurrency.

(Ord. No. 4021, § 2, 4-6-2015; Ord. No. 4402, § 2(Exh. A), 5-7-2018; Ord. No. 4999, § 2(Exh. A), 10-16-2023)

3.02.06 Action upon failure to show available capacity. Where available capacity cannot be shown, the following methods may be used to maintain adopted level of service:

A.

The property owner or developer may provide the necessary improvements to maintain level of service. In such case the application shall include appropriate plans for improvements, documentation that such improvements are designed to provide the capacity necessary to achieve or maintain the level of service, and recordable instruments, such as a binding agreement between the developer and city, guaranteeing the construction, consistent with calculations of capacity above. In the case of parks, only park sites one-half acre or larger shall be accepted by the city and the developer must design and build adequate park facilities on the site subject to the approval of the city engineer.

B.

The property owner or developer may provide a monetary contribution to the city in an amount equal to the cost of the necessary improvements, subject to approval by the city engineer. Any city impact fees paid by the property owner or developer for a similar public facility may be deducted from the monetary contribution for that facility. In the case of parks, monetary contributions shall be provided pursuant to section 33H-6 (Local Park Open Space Fees—District 1) and section 33H-7 (Local Public Park Improvement Fee) of the Miami-Dade County Code of Ordinances. Applicable contributions must be received prior to building permit issuance. Impact fees paid to the city by a developer for a specific public facility may be credited against a monetary contribution made pursuant to this subsection for the same public facility.

C.

The proposed project may be altered such that projected level of service is no less than the adopted level of service.

(Ord. No. 4021, § 2, 4-6-2015; Ord. No. 4402, § 2(Exh. A), 5-7-2018)

3.02.07. Time limit for concurrency approvals. Concurrency approvals issued by the city shall be valid as long as the site plan approval and/or building permit for the subject development remain valid.

(Ord. No. 4021, § 2, 4-6-2015)