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Ordinance 2000-3242 ORDINANCE NO. 2000-3242 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA, AMENDING CHAPTER 122 OF THE CITY CODE ESTABLISHING A CONCURRENCY MANAGEMENT SYSTEM, PROVIDING FOR THE PURPOSE OF THE CONCURRENCY MANAGEMENT SYSTEM; PROVIDING FOR DEFINITIONS; REQUIRING CONCURRENCY DETERMINATIONS FOR ALL DEVELOPMENT ORDERS; PROVIDING EXEMPTIONS; PROVIDING FOR LEVEL OF SERVICE STANDARDS; PROVIDING FOR PRELIMINARY CONCURRENCY DETERMINATIONS AND ISSUANCE OF FINAL CONCURRENCY RESERVATION CERTIFICATES; PROVIDING FOR MITIGATION OF NEGATIVE DETERMINATIONS OF CONCURRENCY; PROVIDING FOR APPEALS OF NEGATIVE AND PRELIMINARY DETERMINATIONS OF CONCURRENCY;AND PROVIDING FOR REPEALER, INCLUSION IN THE CITY CODE; SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS,the Growth Management Act of 1985 requires that public facilities necessary to serve new growth and development shall be available when needed to serve new growth and development; WHEREAS, the City of Miami Beach wishes to ensure that adequate public facilities are available at an appropriate level of service to serve the citizens of the City of Miami Beach; WHEREAS, the City of Miami Beach desires to establish an efficient and equitable program to ensure that adequate public facilities at the levels of service established in the Capital Improvements Element of the Comprehensive Plan of the City of Miami Beach and the City of Miami Beach Municipal Mobility Plan will be available to serve all new growth and development in the City which generates an increased demand for public facilities. NOW THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH: SECTION ONE: Chapter 122 of the City Code, Consistency and Concurrency Determinations, is hereby repealed. SECTION TWO: The following new provisions, to be codified as Chapter 122 of the City Code, are hereby adopted so that Chapter 122 hereinafter reads as follows: Section 122-1. Purpose. The purpose of this Chapter is to ensure that all development which increases the demand for public facilities in the City of Miami Beach will be served by adequate public facilities in accordance with the levels of service which are established in the Capital Improvements Element of the Comprehensive Plan of the City of Miami Beach and the City of Miami Beach Municipal Mobility Plan. Section 122-2. Definitions. 1. "Aggrieved person"means an applicant, a person who resides or owns property within 375' of property that is the subject of a Preliminary Concurrency Determination, or any person who will suffer an adverse effect to an interest protected or furthered by the City's Concurrency Management System. The alleged adverse interest may be shared in common with other members of the community at large,but shall exceed in degree the general interest in community good shared by all persons. 2. "Available Capacity" means public facility capacity less capacity used by existing development, final reservations of capacity made in connection with the payment of applicable fees and issuance of Certificates of Occupancy and short-term reservations of capacity made in connection with the issuance of approved Development Orders. 3. "Capacity Credit"means a credit for certain existing or demolished improvements toward concurrency requirements for future development. 4. "Concurrency Management System Manual" means the technical administrative manual, adopted by reference in this Chapter,which sets forth the details of administrative procedures and methodology for determinations of cpncurrency. 5. "Densities and intensities of development"means a numerical measurement of the size and scope of a proposed development based on the following units of measurement: a. Non-Residential Developments: the number of square feet of gross floor area; b. Residential Developments: the number of residents,and/or number of dwelling units; c. Hospitals and Clinics:the number of beds,and/or number of employees,patients, and visitors; d. Educational Facilities: the number of students, administrative and staff personnel, and visitors; e. Hotels and Motels: the number of rooms and employees; and f. Service Stations: the number of gasoline dispensing pumps and size of mini-mart. 2 6. "Development Order"means, for the purposes of this Chapter of the City Code, any order, unless otherwise exempt from the provisions of this Chapter, granting, denying or granting with conditions an application for zoning approval, division of lots, rezoning, conditional use,variance, certificate of use, occupational license, design approval, or any other official action having the effect of permitting the development of land which exceeds the intensity of development which exists on the property at the time of application. 7. "Final Concurrency Reservation Certificate"means a written determination in accordance with Section 122-8 of this Chapter that all required public facilities are available to serve a particular proposed development at a particular location at an adopted level of service. 8. "Final Development Order"means any permit or final approval authorizing construction of a new building, additional floor area, an increase in the number of dwelling units contained in an existing building, or modifications to an existing building or site to accommodate a change in the use for which a new certificate of use and occupancy will be required. 9. "Mitigation Program"means an undertaking to provide, or cause to be provided, required public improvements,which undertaking is legally enforceable by the City of Miami Beach and which ensures that needed public improvements will be timely constructed or that the adverse impacts of a diminution in level of service are substantially mitigated. 10. "Preliminary Concurrency Determination" means a determination by the Concurrency Management Division of the City of Miami Beach in accordance with Section 22-7 of this Chapter that, upon issuance of a Final Concurrency Reservation Certificate, all required public facilities will be available to serve a particular proposed development at a particular location at adopted levels of service. 11. "Public Facilities" means the facilities for which the City has adopted levels of service, including roads, transit, potable water, sanitary sewer, solid waste, flood protection, stormwater management and parks and recreational facilities. 12. "TAZ"means one or more geographic areas or zones within a TCMA defined by land use and other geographic variables for the purpose of analyzing the impact of a proposed development on the City's Transportation System. 13. "TCMA"means a specific geographic area designated in the City's Comprehensive Plan in accordance with Florida law as a Transportation Concurrency Management Area where an area wide level of service (LOS) standard is applied. Section 122-3. Concurrency Inquiry Statement. Any person may file an application for a Concurrency Inquiry Statement prior to filing an application for a Development Order or at any other time in order to obtain information on the availability of public facilities for a parcel of land. 3 Section 122-4. Concurrency Required. Unless exempt under the provisions of Section 122-5 hereof,(a)no Development Order shall be granted unless the applicant for development approval is the holder of a valid Preliminary Concurrency Determination; (b)no building permit shall be granted unless the applicant is the holder of a Final Concurrency Reservation Certificate; and © no Final Concurrency Reservation Certificate shall be granted unless the applicant is the holder of a Final Development Order and has paid applicable mitigation fees in accordance with City Code. Section 122-5. Exemptions From Concurrency. The following types of development are not required to obtain a Preliminary Concurrency Determination or a Final Concurrency Reservation Certificate: 1. Any development undertaken by the City that does not require a rezoning, does not increase in intensity, does not have an associated change of use or that increases the City's ability to provide essential services and facilities related to health and safety concerns. (Fire, Police, etc.) 2. An application requesting modification(s) of a previously approved Development Order where the Concurrency Management Division has determined that the impacts on the prescribed levels of service imposed by the requested modification(s)will be no greater than the impacts imposed by the previously approved Development Order or the previously existing use. 3. An application for the renovation of an historic structure,provided that the use of the historic structure is not intensified. 4. An application to develop a parcel of land for single family purposes if no change in the zoning map is required to accommodate the development. 5. An application for addition,renovation or reconstruction of a residential dwelling that does not increase the number of dwelling units existing or approved for the property. 6. An application for the construction of, an addition to or renovation of a guest house, garage apartment or other similar accessory units on parcels zoned to permit such uses. 7. An application for a Development Order for property which is subject to a valid Development Order approved as a Development of Regional Impact prior to January 1,2000, pursuant to Chapter 380, Florida Statutes. 8. A valid,unexpired Final Development Order approved prior to the adoption of this Chapter. 4 • Section 122-6. Level of Service Standards. 1. A determination of concurrency shall be based on the levels of service established in the Capital Improvements Element of the Comprehensive Plan of the City of Miami Beach, at the time the proposed development is projected to generate a demand for services. A determination of concurrency shall be conducted in accordance with the methodology described in the City's Concurrency Management System Manual and shall be based on the capacity of available public facilities less applicable capacity credits within the applicable TCMA and TAZ. 2. For the purposes of a determination of concurrency, potable water, sanitary sewer, solid waste and storm water management facilities shall be deemed available if they are: a. in existence at the time of a determination of concurrency; or b. funded,programmed and scheduled to be available by the applicable City, state or other governmental agency at the time the proposed development is projected to generate a demand for services, or c. the subject of an enforceable Mitigation Program between the applicant and the City or other applicable governmental agency, approved in accordance with Section 122-8(4),which will ensure that the facilities will be provided at the time the proposed development is projected to generate a demand for services. 3. For the purposes of a determination of concurrency,parks and recreational facilities shall be deemed available if they are: a. in existence at the time of a determination of concurrency; or b. funded,programmed and scheduled to be available by the applicable City, state or other governmental agency at the time the proposed development is projected to generate a demand for services; or c. the subject of an enforceable Mitigation Program between the applicant and the City or other applicable governmental agency, approved in accordance with Section 122-8(4), which will ensure that the facilities will be provided at the time the proposed development is projected to generate a demand for services; and d. programmed or otherwise committed to be provided as soon as reasonably possible such that a substandard level of service does not exist for a period of more than one year after the proposed development is projected to generate a demand for services. 5 4. For the purposes of a determination of concurrency, roads and transit facilities shall be deemed available if they are: a. in existence at the time of a determination of concurrency; or b. funded, programmed and scheduled to be available through the applicable City, state or other governmental agency at the time the proposed development is projected to generate a demand for services; or c. the subject of an enforceable Mitigation Program between the applicant and • the City or other applicable governmental agency, approved in accordance with Section 122-8(4),which will ensure that the facilities will be provided at the time the proposed development is projected to generate a demand for services; and d. programmed or otherwise committed to be provided as soon as reasonably possible such that a substandard level of service does not exist for a period of more than three years after the proposed development is projected to generate a demand for services; and e. programmed in the Capital Improvements Element of the Comprehensive Plan for construction in or before year three of the City's adopted budget, Miami-Dade County's Transportation Improvement Program, the Florida Department of Transportation's Five Year Work Program, or the First Year Priority of the Miami- Dade County Long Range Plan. Section 122-7. Application for Preliminary Concurrency Determination. 1. An applicant for development approval may apply for a Preliminary Concurrency Determination at any time by filing an application with the Concurrency Management Division. 2. An application for a Preliminary Concurrency Determination shall include such information as required by the City's Concurrency Management Manual and the following: a. Name of applicant; b. Location,size,legal description,folio number and existing use of the parcel proposed for development; c. A description of the use, density and intensity of use of existing and proposed development, with adequate supporting information and studies; 6 • d. An estimate of the demand for public facilities needed to serve the existing and proposed development; e. Development schedule and public facilities demand schedule; f. Description of any proposed on-site or off-site infrastructure improvements; g. The date of demolition permit; if applicable; and h. A fee sufficient to reimburse the City for the cost of review of the application for a Preliminary Concurrency Determination. 3. Within ten days after receipt of an application for a Preliminary Concurrency Determination, the Concurrency Management Division shall determine whether the application is complete. If the application is determined to be incomplete, the Concurrency Management Division shall notify the applicant in writing that the application is incomplete and shall identify the additional information required to be submitted. If any application is determined to be incomplete,the Concurrency Management Division shall take no further action in regard to the application until the required additional information has been received and the application is determined to be complete. 4. Complete applications for Preliminary Concurrency Determinations shall be placed in order of receipt. This placement is a"conditional place-in-line record"which reserves the order in which the project will be able to reserve capacity at the time of Final Development Order approval. Receipt of a Preliminary Concurrency Determination does not constitute a reservation of capacity. Section 122-8. Determination of Concurrency. 2. Within thirty 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. 2. Capacity credits, in accordance with the methodology established in the City's Concurrency Management System Manual, shall be given for: a. 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 7 b. Properties with existing improvements that are proposed to be renovated or demolished. 3. Within five days after a determination of concurrency, the Concurrency Management Division shall notify the applicant of the determination. 4. 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 of Miami Beach 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 per cent 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. 5. 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. 6. 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 the City 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 8 permanent. Upon issuance of a Certificate of Occupancy for the project, the reservation of the capacity of the applicable public facilities becomes permanent. 7. 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. 8. 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. Section 122-9. Concurrency Appeal Committee. 1. A Concurrency Appeal Committee is hereby established to hear and decide appeals from Preliminary Concurrency Determinations and Negative Determinations of Concurrency. 2. There shall be five members of the Concurrency Appeal Committee: the Director of Planning,the Director of Public Works, the Director of Parks and Recreation, an Assistant City Manager designated by the City Manager, and a member appointed from the City's Transportation and Parking Committee. 3. Meetings of the Concurrency Appeal Committee shall be held as needed to hear any appeals under the provisions of Section 122-10. 4. The burden of showing compliance with the City's Concurrency Level of Service requirements shall be upon the applicant. Applications for Development Approval shall provide sufficient information showing compliance with Level of Service standards. Section 122-10. Appeal of Preliminary or Negative Determinations of Concurrency. 1. An aggrieved person may appeal a Preliminary or Negative Determination of Concurrency to the Concurrency Appeal Committee by filing a notice of appeal with the Committee within ten(10) days of the determination of concurrency. 9 • 2. A notice of appeal shall be accompanied by: (a) a detailed statement of the grounds for appeal, demonstrating how the determination appealed from is not supported by substantial • competent evidence or departs from the essential requirements of law,and(b)any supporting documentation. Notices not accompanied by the above shall not be processed for review. Notices that do not include a statement showing a prima facie basis for relief, or are clearly advanced for frivolous purposes,may be dismissed by the Concurrency Appeals Committee before the public meeting,which dismissal decision is subject to appeal as provided below. 3. The appeal shall be considered and decided within forty-five days of the filing of a notice of appeal. The appeal shall be on the record considered by the Concurrency Management Division;however,the applicant or other aggrieved person may submit additional evidence not previously considered by the Concurrency Management Division. 4. The Concurrency Appeal Committee shall publish notice of its meeting at least seven days prior to the public meeting on the appeal in a local newspaper of general circulation. 5. Upon conclusion of the public meeting, the Concurrency Appeal Committee shall grant the appeal, grant the appeal subject to conditions or deny the appeal. The Committee shall grant the appeal if the Concurrency Appeal Committee determines that the determination by Concurrency Management Division is not supported by competent substantial evidence or departs from the essential requirements of law. If the appeal is granted, the Concurrency Appeal Committee shall direct the Concurrency Management Division to make a determination of concurrency and issue a Preliminary Concurrency Determination consistent with the Concurrency Appeal Committee's determination. 6. The decision of the Concurrency Appeal Committee may be appealed by the applicant or other aggrieved person to the circuit court appellate division by petition for writ of certiorari. SECTION THREE: CODIFICATION This ordinance shall become and be made a part of the Code of the City of Miami Beach, as amended. The sections of this ordinance may be renumbered or relettered to accomplish the intention of the Mayor and City Commission, and the word "ordinance" may be changed to "section," "article,"or other appropriate word. SECTION FOUR: SEVERABILITY If any section, sentence clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, such holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION FIVE: REPEALER All resolutions, ordinances, or other City legislation in conflict herewith be and the same are hereby repealed. 10 SECTION SIX: EFFECTIVE DATE This Ordinance shall take effect on the 20th day of May , 2000. PASSED and ADOPTED this 10th day of May , 2000. MAYOR ATTEST: r(jeR4.4 CITY CLERK 1st reading 4/12/00 2°d reading 5/10/00 Ordinance No. 2000-3242 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION / / / 5/V°?) City Attorney Date A:\CONCUR2.WPD 11 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\ci.miami-beach.fi.us COMMISSION MEMORANDUM NO.344-per TO: Mayor Neisen O.Kasdin and DATE:May 10,2000 Members of the City Commission FROM: Lawrence A.Levy City Manager SECOND READING-PUBLIC HEARING SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,AMENDING CHAPTER 122 OF THE CITY CODE ESTABLISHING A CONCURRENCY MANAGEMENT SYSTEM, PROVIDING FOR THE PURPOSE OF THE CONCURRENCY MANAGEMENT SYSTEM;PROVIDING FOR DEFINITIONS;REQUIRING CONCURRENCY DETERMINATIONS FOR ALL DEVELOPMENT ORDERS; PROVIDING EXEMPTIONS; PROVIDING FOR LEVEL OF SERVICE STANDARDS; PROVIDING FOR PRELIMINARY CONCURRENCY DETERMINATIONS AND ISSUANCE OF FINAL CONCURRENCY RESERVATION CERTIFICATES; PROVIDING FOR MITIGATION OF NEGATIVE DETERMINATIONS OF CONCURRENCY; PROVIDING FOR APPEALS OF NEGATIVE AND PRELIMINARY DETERMINATIONS OF CONCURRENCY; AND PROVIDING FOR REPEALER, INCLUSION IN THE CITY CODE; SEVERABILITY AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Adopt the Ordinance. ANALYSIS At First Reading, on April 12, 2000, the following changes were made and incorporated to this Ordinance: 0 Section 22 of the City Code, was changed to read Chapter 122 of the City Code. 0 Section 122-5, Exemptions from Concurrency, Sub-Section 1. was amended to read as follows: Any development undertaken by the City that does not require a rezoning, does not increase in intensity, does not have an associated change of use, "or increases the City's ability to provide essential services and facilities related to health and safety concerns, such as Fire, Police, etc". F:WLAMSALLUMELIALLOPFSC MSORDNC.W PD Q AGENDA ITEM 1'` L' DATE S (O • May 10, 2000 Commission Memorandum Concurrency Management System (CMS) Ordinance Page 2 0 Added Sub-Section 122-9.4.shall read as follows: "The burden of showing compliance with the City's concurrency level of service requirements shall be upon the developer. In order • to be approved, applications for Development Approval shall provide sufficient information showing compliance with these standards". As required by the Growth Management Act of 1985,the City of Miami Beach wishes to ensure that adequate public facilities and services are available to all its citizens, at an appropriate level of service. "Public facilities" means the facilities for which the City has adopted levels of service standards through its Comprehensive Plan, inclusive of roads,transit,potable water, sanitary sewer, solid waste, flood protection, stormwater management and parks and recreational facilities. The proposed Concurrency Management System (CMS) is an efficient and equitable method to ensure that new growth and redevelopment will not occur without the provision of adequate facilities to serve the needs of such new growth and redevelopment. In order for the CMS provisions to be codified as Chapter 122, Land Development Regulations of the City Code, two readings on the enabling Ordinance are required. The proposed Ordinance contains six (6) sections and several sub-sections, as follows: Section One: Repealing the existing Chapter 122 of the City Code, which is insufficient and outdated. Section Two:Establishing new provisions to be codified as Chapter 122 of the City Code,as follows: O Purpose, as defined under the Analysis section,previous page of this Agenda item. O Definitions for items such as, available capacity, CMS manual, development order, final concurrency reservation certificate, mitigation program, TAZ, TCMA, etc. O Concurrency Inquiry Statement to obtain information on the availability of public facilities for a parcel of land. All of the concurrency statements issued by the Transportation/Concurrency Management Division will require payment of an administrative fee for maintenance and updating of the computer software and other related expenditures, including personnel costs. 0 Concurrency Required. This subsection addresses the provision of a Preliminary Concurrency Determination, Final Concurrency Determination, and Final Concurrency Reservation Certificate. No such Certificate shall be granted unless the applicant is the holder of a Final Development Order and has paid applicable mitigation fees, in accordance with the City Code. May 10, 2000 Commission Memorandum Concurrency Management System (CMS) Ordinance Page 3 0 Exemptions from Concurrency in certain instances, such as for development undertaken by the City which does not require a rezoning, does not increase in intensity, does not have a change in use, or increases the City's ability to provide essential services and facilities related to health and safety concerns, such as Fire, Police, etc. 0 Level of Service Standards. A determination of concurrency shall be based on the levels of service established in the Capital Improvements Element of the Miami Beach Comprehensive Plan/Municipal Mobility Plan. O Application for Preliminary Concurrency Determination to be filed by an applicant for development approval. O Determination of Concurrency to be made by the Transportation/Concurrency Division. O Concurrency Appeal Committee is established to hear and decide appeals from Preliminary Concurrency Determinations and Negative Determinations of Concurrency. The five members shall be: the Directors of Planning, Public Works, Parks and Recreation, one Assistant City Manager, and one representative from the Transportation and Parking Committee. O Appeal of Preliminary or Negative Determinations of Concurrency. Such appeals shall be filed with and reviewed by the Transportation/Concurrency Division, and heard by the Concurrency Appeal Committee,within forty-five(45)days of the filing date. The decision of the Concurrency Appeal Committee may be appealed to the circuit court appellate division, as established by Ordinance.: Sections Three: Codification in the City Code. Section Four: Severability; Section Five: Repealer of Existing and Conflicting City Legislation; and Section Six: Providing an Effective Date. An Annual Concurrency Report will be made at a regular City Commission Meeting by the Transportation/Concurrency Manager. The Administration recommends approval of the Ordinance. L.16 / . 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