(a)

Purpose. This section is intended to implement and be consistent with the Village of El Portal Comprehensive Plan, F.S. Ch. 163 and Rule 9J-5, F.A.C., by ensuring that all development in the Village of El Portal is served by adequate public facilities.

(b)

Intent. This objective is accomplished by establishing a capacity management and monitoring system and by establishing a concurrency management system that ensures that public facilities are available to serve development at the time that the impacts of development occur on such public facilities.

(c)

Minimum requirements. The provisions of this section are declared to be the minimum requirements necessary to accomplish the stated purpose and objectives of this chapter.

(Ord. No. 2011-007, § 2, 5-22-2012)

(a)

Development orders consistent with El Portal Comprehensive Plan. No development order shall be issued unless it is found that the development is consistent with the Village of El Portal Comprehensive Plan and any amendments thereto.

(b)

Determining consistency with the comprehensive plan. Prior to the issuance of any development order by the Village of El Portal, the development administrator shall check the proposed development for consistency with the future land use map and related policies of the comprehensive plan. Any finding of inconsistency by the development administrator shall be supported by competent findings of fact documented in writing.

(Ord. No. 198, 3-13-90; Ord. No. 2011-007, § 2, 5-22-2012)

(a)

Applicability of level of service standards. New development shall not be approved unless there is sufficient available design capacity to sustain the following levels of service as established in the El Portal Comprehensive Plan:

(1)

Transportation facilities: The following service level standards and review criteria shall be used in determining whether to grant, grant with conditions or deny the transportation facility component of a concurrency compliance:

•

Minor arterial: LOS C peak season/peak hour.

•

Collector: LOS D peak season/peak hour.

Facilities located on the Strategic Intermodal System (SIS), roadways on the Florida Intrastate Highway System (FIHS) and roadway facilities funded in accordance with F.S. § 339.2819, the Transportation Regional Incentive Program (TRIP), will follow Rule 14-94.003, Section 163.3180 Florida Statutes, regarding level of service standards.

A project is considered concurrent when all its p.m. peak trips, or trips from its highest peak hour, meet and do not reduce the level of service below the adopted LOS in the city's comprehensive plan and the provisions of this code.

(2)

Sewage disposal: The LOS for sanitary sewer facilities for residential development shall be 100 gallons per capita per day. The LOS for sanitary sewer facilities for non-residential development shall be 0.1 gallons per square foot per day.

(3)

Drainage: Adequately accommodate stormwater runoff from a 24-hour, five-year frequency storm.

(4)

Potable water: Two hundred gallons per person per day for residential development, and 0.15 gallons per square foot per day for non-residential development, at a pressure of at least 20 pounds per square inch and the minimum fire flow as set by the Miami-Dade County Comprehensive Plan.

(5)

Solid waste: Six and five-tenths pounds per capita per day.

(6)

Parks and Recreation: One-tenth acre per 1,000 population.

(b)

Development subject to concurrency adequacy determination:

(1)

New development: All development permits including special exceptions, site plans, plats, rezoning and building permits.

(2)

Additional development or redevelopment: All redevelopment or additional development of previously improved lands shall be subject to an adequacy determination for the additional capacity needed to serve the difference between the capacity to be consumed by the proposed additional development and the capacity generated or consumed by the existing development.

(3)

Property which is exempt: Exempt property includes:

a.

Development which is authorized by an approved development of regional impact (DRI) development order.

b.

Development which is found by the village council to have vested rights with regard to any affected roadway segments or infrastructure capacity reservations.

c.

Development which is one single-family or duplex dwelling on a lot in single and separate ownership from adjacent lots.

d.

Development which is a government facility which the village council finds is essential to the health or safety of the village residents.

e.

Alterations, expansions or repairs creating no additional impact on public facilities such as room additions to existing dwelling units, construction of accessory structures to dwelling units, and replacement of an existing dwelling unit when no additional units are created.

(c)

Measurement of level of service capacities. The Miami-Dade County Concurrency Information Center and Metropolitan Dade County Administrative Order #4-85 (July 1989) may be used as sources of facility capacities. More specifically:

(1)

Water and wastewater: Measurement of the capacity of water lines will be based on design capacities and projected flows acceptable to the development administrator. Appendix Table I (following this chapter) shall be used to project additional flows. Table II (following this chapter) shall be used to project sewage generation rates when deemed appropriate by the development administrator.

(2)

Transportation: This standard for measuring highway capacities shall be the Florida DOT Table of Generalized Daily Level of Service Maximum Volumes. The measurement of capacity shall also be determined as per the Village's Transportation Concurrency Monitoring Program established in section 24-33(f).

(3)

Solid waste: Table HI (following this chapter) shall be used to calculate solid waste generation rates, subject to approval by the development administrator.

(4)

Drainage: Measurement of drainage shall be based on assumed runoff rates (for example, from the South Florida Water Management District or FDOT tables) subject to approval by the development administrator.

(5)

Parks and recreation: Measurement shall be based on data in the Village of El Portal Comprehensive Plan and the latest village population estimate with any necessary interpretation provided by the development administrator.

(d)

Determination of capacity availability. Preliminary capacity availability shall be determined as early in the review process as definitive development data is available for purposes of these regulations, the following method shall be used:

(1)

Adding together:

a.

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

b.

The total design capacity of new facilities that will come available concurrent with the impact of the development. The capacity of new facilities may be counted only if one or more of the following is shown:

1.

The necessary facilities are in place at the time a site plan approval is issued, or a site plan approval is issued subject to the condition that the necessary facilities will be in place when the impacts of development occur.

2.

Construction of the new facilities is under way at the time of application.

3.

The new facilities are the subject of a binding executed contract for the construction of the facilities to be constructed within a period of time as stipulated in the contract or the provision of services at the time the development permit is issued.

4.

The new facilities have been included in a funded capital improvement program annual budget.

5.

The new facilities are guaranteed at a specific time in an enforceable development agreement. An enforceable development agreement may include, but is not limited to, development agreements pursuant to F.S. § 163.3220, Florida Statutes, or an agreement or development order pursuant to F.S. ch. 380. Such facilities must be consistent with the capital improvements element of the comprehensive plan and approved by the development administrator.

6.

The developer has contributed funds to the Village of El Portal, Miami-Dade County or other governmental entity necessary to provide new facilities consistent with the capital improvements element of the comprehensive plan. Commitment that the facilities will be built must be evidenced by an appropriate budget amendment and appropriation by the village, county or other governmental entity.

(2)

Subtracting from that number the sum of:

a.

The design demand for the service created by existing development; and

b.

The new design demand for the service (by phase or otherwise) that will be created concurrent with the impacts of the proposed development by the anticipated completion of other presently approved developments.

(e)

Burden of showing compliance on applicant. The burden of showing compliance with these levels of service requirements shall be upon the applicant. In order to be approvable, applications for development approval shall provide sufficient and verifiable information showing compliance with these standards. The village council is hereby authorized to include a concurrency review fee in its schedule of fees.

(Ord. No. 198, 3-13-90; Ord. No. 2011-007, § 2, 5-22-2012)

(a)

Responsibility. The village clerk or development administrator shall be responsible for monitoring development activity to ensure the development is consistent with the comprehensive plan. The clerk or development administrator shall record all existing and committed development and its impact on facilities subject to level of service standards. Monitoring shall include:

(1)

A quarterly report of all new or amended developments and zoning code regulations, including changes in zoning districts.

(2)

A quarterly summary of all building permits.

(3)

A quarterly summary of all permits issued for demolition of buildings.

(4)

A quarterly summary of all certificates of occupancy.

(5)

The quarterly report shall assist in the preparation of the annual update and inventory report and to maintain updated inventories, the village manager shall review public facilities capacity for potable water, sanitary sewer, schools, solid waste, parks and recreation, transportation and drainage facilities and provide updates to the village council on a quarterly basis.

(b)

Reserved.

(c)

Annual update and inventory report (AUIR). By May 1 of each year, the development administrator shall submit to the village council an annual update and inventory report (AUIR) on public facilities. The AUIR shall include a description of existing condition of all public facilities, summarize available capacity of these public facilities based on their adopted level of service (LOS); and forecast the capacity of existing and planned public facilities identified in the five-year capital improvement schedule for each of the five succeeding years. Forecasts shall be used on the most recently updated schedule of capital improvements for each public facility, updated public facility inventory data, and updated unit cost and traffic count data. The updated AUIR shall also include a description of the ability of existing and projected public facilities to serve existing and future developments based upon the public facility level of service standards contained within the city's comprehensive plan.

(d)

Recommended capital improvements element (CIE) and budget amendments. The findings of the AUIR shall form the basis for the city manager's proposed amendments to the CIE of the comprehensive plan and for proposed amendments to the city's annual budget for public facilities.

(e)

Concurrency rights reservation and effective period. Compliance will be finally calculated and capacity reserved at time of final action of an approved site plan, building permit if no site plan is required or enforceable developers agreement. Applications for development permits shall be chronologically logged upon approval to determine rights to available capacity.

(f)

Transportation concurrency monitoring program. The village's transportation consultant will be responsible for transportation concurrency determinations. The village will evaluate development impacts through traffic performance standards (TPS). TPS will be applied to roadways and intersections subject to concurrency management within the village to ensure compliance with the CMS. TPS are hereby defined as the LOS adopted in the village's comprehensive plan. No project shall add traffic in the radius of development influence which would have the effect of exceeding the LOS, without first obtaining a certificate of concurrency compliance.

Determination of project impact. The impact of proposed development activity on available capacity shall be determined as follows: The area of impact of the development (a traffic shed) shall be determined by the concurrency administrator or traffic consultant retained by the Village at the developer's expense. The traffic shed shall be that area where the primary impact of traffic to and from the site occurs. A minimum of a one-mile radius will be required. Traffic impact studies shall include the following information:

(1)

Project background indicating land uses, trip generation, concurrency results, driveway classification, requested special exceptions and requested variances (if applicable).

(2)

Each proposed development shall distribute the trips generated to the main arterials and intersection network that comprises their traffic shed. Trip distribution shall follow the Miami-Dade County Cardinal Distribution for the appropriate traffic analysis zones the traffic shed is located in.

(3)

The minimum horizon for forecasting traffic shall be one year from the project's opening date. However, if the project is built in phases, the horizon shall be one year from the final phase opening. Additionally, the traffic growth rates shall be approved by the village manager and will be consistent for all traffic studies.

(4)

All new site traffic analysis shall contain at a minimum: Tables summarizing existing traffic volumes, trip generation rates (including formulas), existing and projected levels of service for study facilities, and any other documentation required to justify the numbers reported in the analysis. New site traffic analysis shall include a.m. and p.m. peak period, unless otherwise indicated by the village manager and/or the village's traffic consultant.

(5)

The applicant may provide traffic counts in accordance with accepted traffic engineering principles. Counts shall be made during any continuous two-hour period on a typical weekday between 6:00 a.m. and 9:00 a.m. for any a.m. counts, and 4:00 p.m. and 7:00 p.m. for p.m. counts. There shall be no counts on Fridays and legal holidays, unless authorized by the village manager and/or the village's traffic consultant, in accordance with accepted traffic engineering principles.

(6)

Trip generation comparison between existing and proposed conditions. Trip generation calculations and driveway assignments (inbound and outbound traffic) for each phase of development.

(7)

Justification of the number and location of site driveways. Location and type of driveways and median openings shall adhere to FDOT access management standards and any other standards accepted by the village manager and the village's traffic consultant. All driveways shall be located on the site plan, with distancing from upstream and downstream driveways and/or intersections.

(8)

A capacity analysis of each project driveway shall be submitted and follow the methodology set forth in the Highway Capacity Manual (latest edition at the time the study is prepared).

(9)

After initial review, the village manager and the village traffic consultant may require additional information if it is deemed necessary to evaluate the traffic study.

(10)

In cases where driveways abut state or county roads, or a village road classified as arterial or main collector, the village manager and/or the village's traffic consultant may require deceleration and storage lanes for vehicles turning to and from the proposed development served by the access driveway.

Developer agreements as described in F.S. Ch. 163.3220, the "Florida Local Government Development Agreement Act" shall have a valid concurrency period not to exceed five years or as may be modified. A building permit application must be submitted within eighteen months of site plan approval to preserve the concurrency reservation. An extension of one year may be issued by the village council.

(Ord. No. 198, 3-13-90; Ord. No. 2011-007, § 2, 5-22-2012)