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HomeMy WebLinkAboutCC Legislation (Version 3)C ty of Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miarnigov.corn Fits Nurmb re O7 O 180 Fined Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAM! COMPREHENSIVE NEIGHBORHOOD PLAN, BY ADDING A NEW EDUCATIONAL ELEMENT AND AMENDING AND ADDING CERTAIN POLICIES TO THE INTER -GOVERNMENTAL COORDINATION AND THE CAPITAL IMPROVEMENT ELEMENTS IN ORDER TO INCORPORATE LANGUAGE TO REFLECT A NEW FLORIDA STATUTORY MANDATE TO IMPLEMENT PUBLIC SCHOOL CONCURRENCY; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; INCORPORATE THE REPORT ON °'RESPONSE TO FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS (DCA) OBJECTIONS, RECOMMENDATIONS AND COMMENTS (ORC) REPORT OF JANUARY 4, 2008°': CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the 2005 Florida Legislature adopted Chapter 2005-98, Laws of Florida codified at Sections 163.31777, 163.3180(13), and 1013.33, Florida Statutes, requires the Educational, Intergovernmental Coordination, and Capital Improvement Elements be updated to reflect a new statutory mandate to implement public school concurrency; and WHEREAS, the 2005 State Legislation, S.B. 360, mandated an update to the Educational, Intergovernmental Coordination, and Capital Improvement Elements, by January 1, 2008 in order to implement school concurrency. If not adopted by this date, local governments will not be able to adopt comprehensive plan amendments that increase residential densities, until concurrency amendments have been adopted and transmitted to the Department of Community Affairs; and WHEREAS, 2007 State legislation HB7203, requires all local governments to adopt and transmit to the state land planning agency the necessary plan amendments, along with the Interlocal agreement, for a compliance review pursuant to Florida Statutes 163.3184(7); and WHEREAS, the Miami Planning Advisory Board, at its meeting of October 3, 2007, Item No. 1, following an advertised hearing, adopted Resolution No. PAB 07-038 by a vote of eight to one (8-1), recommending APPROVAL of text amendments to the Educational, Intergovernmental Coordination, and Capital Improvement Elements of Ordinance No. 10544 as hereinafter set forth; and WHEREAS, on October 25, 2007, the City Commission held a duly noticed public hearing, at which time it voted to transmit the Amendments for review by state, regional and local agencies as required by law; and WHEREAS, following review of the Educational, Intergovernmental Coordination and Capital Improvement Elements and a finding of insufficiency by the Florida Department of Community Affairs (DCA), the City Commission of the City of Miami on January 24, 2008, by Resolution No. adopted the report entitled "Response to Florida Department of Community Affairs (DCA) Objections, City of Miami Page 1 413 Printed On: 1/17/200 Nu nber 07 _01180 Recommendations and Comments (ORC) Report of January 4, 2008" as a supplement to the Educational, Intergovernmental Coordination and Capital tmprovernent dements; and WHEREAS, the City Commission after careful consideration of this matter deems it advisabie and in the best interest of the general welfare of the City of Miami and its inhabitants to amend Ordinance No. 10544 as hereinafter set forth. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Ordinance No. 1 0544; as amended, the Miami Comprehensive Neighborhood Plan, is hereby amended by amending the text of the Policies of said Ordinance as fcllows:j ] EDUCATIONAL ELEMENT GOAL EDU-1: DEVELOP, OPERATE, AND MAINTAIN A SYSTEM OF PUBLIC EDUCATION BY MIAMI-DADE COUNTY PUBLIC SCHOOLS, IN COOPERATION WITH THE CITY AND OTHER APPROPRIATE GOVERNMENTAL AGENCIES, WHICH WILL STRIVE TO IMPROVE THE QUALITY AND QUANTITY OF PUBLIC EDUCATIONAL FACILITIES AVAILABLE TO THE CITIZENRY OF MIAMI-DADE COUNTY, FLORIDA. Objective EDU-1.1: Work towards the reduction of the overcrowding which currently exists in the Miami -Dade County Public Schools, while striving to attain an optimum level of service pursuant to Objective EDU-1.2. Provide additional solutions to overcrowding so that citywide enrollment in Miami -Dade County's public schools will meet state requirements for class size by September 1, 2010. Policy EOU-1.1.1: Cooperate with the Miami -Dade County Public Schools in theft efforts to continue to provide new student stations through the Capital Outlay program, in so far as funding is available. Policy EDU-1.1.2: Cooperate with the Miami -Dade County Public Schools in their efforts to develop and implement alternative educational facilities such as primary learning centers, which can be constructed on small parcels of land and relieve overcrowding at elementary schools, in so far as funding and rules permit. Policy EDU-1.1.3: Cooperate with the Miami -Dade County Public Schools in their efforts to provide public school facilities to the students in the City, which operate at optimum capacity, in so far as funding available. Operational alternatives may be developed and implemented, where appropriate, which mitigate the impacts of overcrowding while maintaining the instructional integrity of the educational program. Policy EDU-1.1.4: Cooperate with the Miami -Dade County Public Schools in their efforts to maintain and/or improve the established level of service (LOS), for Public Educational Facilities, as established for the purposes of school concurrency. City Page 2 of 13 Printed Owe: 1/17/2098 rile Policy EDU71145: The lvliami-Dade County School Board (School Board) comments shall be sought and considered on comprehensive plan amendments and other land use and zoning decisions. which could impact the school district, in order to be consistent with the terms of the state mandated Interlocal A-reement suarlt to Sections 1013.33 and 163.31 777 Florida Statutes. Poticy EDU®1.1.6; trap€taltrprovement_r shod enhance the effectiveness of the learninq environment. The future enrollment projections should utilize student population projections based on information produced by the demographic. revenue, and education estimating conferences pursuant to Section 216.136, Florida Statutes, where available, as modified by the School Board based on development data and agreement with the City of Miami. the State Office of Educational Facilities and the State SMART Schools Clearinghouse_ The School Board may request adjustment to the estimating conferences° ro'ections to reflect actual enrollment and develo ment trends. In formulatin such a request, the School Board will coordinate with the City regarding development trends and future popalatonAroiections. no by the Miami -Dade Public Schools to Policy EDU-1.1.7: The City will through the Staff Working Group of the Interiocal Agreement for Public School Facility coordinate with Miami -Dade County Public Schools, and applicable Cities to review annually the Education Element and school enrollment projections. Objective EDU-1.2: The City of Miami shall coordinate new residential development with the future availability of public school facilities consistent with the adopted level of service standards for public school concurrenci, to ensure the inclusion of those projects necessary to address existing deficiencies in the 5-year schedule of capital improvements, and meet future needs based upon achieving and maintaining the adopted level of service standards throughout the planning period. Policy EDU-1.2.1: Beginning January 1, 2008. the adopted level of service (LOS) standard for all Miami -Dade County public school facilities is 100% utilization of Florida Inventory of School Houses (FISH) Capacity_ {With Relocatable Classrooms).This LOS Standard, shall be applicable in each public school concurrency service area (CSA), defined as the public school attendance boundary established by the Miarni-Dade County Public Schools. Policy EDU-1,2.2: It is the goal of Miami -Dade County Public Schools and The City of Miami for all public school facilities to achieve 100% utilization of Permanent FISH (No Relocatable Classrooms) capacity by January 1, 2018. To help achieve the desired 100% utilization of Permanent FISH by 2018, Miami -Dade County Public Schools should continue to decrease the number of relocatable classrooms over time. Public school facilities that achieve 100% utilization of Permanent FISH capacity should, to the extent possible, no longer utilize relocatable classrooms, except as an operational solution2. By December 2010, the City and County in cooperation with Miami -Dade County Public Schools will assess the viability of modifying the adopted LOS standard to 100% utilization of Permanent FISH (No Relocatable Classrooms) for all CSAs. City of Miami Page 3 of 13 Printed On; 1/17/2008 ]her.' 07-01180 EDU-1.23 In the event th goosed dloorr ent's imp adopted LOS standard of a CSA_ cannot be met as a result the development rr;a' proceed p=o ided at least one of 1.2.3.1: The development's impact can be shifted to one or more adjacent CSAs that have available ca -city located, either in whole or in art, within the same Geo ra hic Areas Northwest. Northeast. Southwest, or Southeast; see Figures 1A, 2A and 3C shown in "Exhibit A"4 as the proposed development or 1.2.3.2: The development's impact is mitigated, proportionate to the demand for public schools it created, throw h a combination of one or more pro ortionate share mitt afion options as defined in Section 163.3180 (13ye)1, Florida Statutes. The intent of these options is to provide for the mitigation of residential development impacts on public School facilities. guaranteed by a legal binding agreement, through mechanisms that include, one or more of the following: contribution of land; the construction. expansion, or payment for land acquisition or construction of a permanent public school facility; or. the creation of a mitigation bank based on the construction of a permanent public school facility in exchange for the right to sell capacity credits. The proportionate share mitigation agreement is subject to approval by Miami -Dade County School Board and Miami -Dade County Board of County Commission and must be identified in the Miami -Dade County Public Schools Facilities Work Program. 1.2.3.3: The develo ment's irn acts are hased to occur when sufficient ca acit will be available. If none of the above conditions is met, the development shall not be approved. Policy EDU-1.2.4: Concurrency Service Areas (CSA) shall be delineated to: 1) maximize capacity utilization of the facility, 2) limit maximum travel times and reduce transportation costs, 3) acknowledge the effects of court -approved desegregation plans, 4) achieve socio-economic, racial. cultural and diversity objectives, and 5) achieve other relevant objectives as determined by the School Board's policy on maximization of capacity. Periodic adjustments to the boundary or area of a CSA may be made by the School Board to achieve the above stated factors. Other potential amendments to the CSAs shall be considered annually at the Staff Working Group meeting to take place each year no later than April 30 or October 31, consistent with Section 9 of the Interlocai Agreement for Public School Facility Planning. Policy EDU-1.2.5: The City through the implementation of the concurrency management system and Miami -Dade County Public School Facilities Work Program for educational facilities, shall ensure that existing deficiencies are addressed and the capacity of schools is sufficient to support residential development at the adopted level of service (LOS) standards throughout the planning period in the 5-year schedule of capital improvements. Policy EDU-1.2.6: The Miami -Dade County Public Schools Facilities Work Program will be evaluated on an annual basis to ensure that the level of service standards will continue to be achieved and rnaintained throughout the planning period. Objective EDU-1.3: Obtain suitable sites for the development and expansion of public education facilities cfMIi Page 4 of 13 Printed On 1/17/2008 File NtiMber: 07,01780 Poli EDU-1,3.1: ln the se' ion of site 1 uture educationa facili devei men , the Cit . ercour c Schools to consider whether a school is in cse proximity to residential reas and in a location that would provide a logical focal doi lfor a community activities. Policy EDU-1.3.2: Where possible, the Miami -Dade County Public Schools should seek sites which are adjacent to existing or planned public recreation areas, community centers, libraries, or other compatible civic uses for the purpose of encouraging ioint use facilities or the creation of logical focal points for community activity. Policy EDU-1.3,3: The City acknowledges and concurs that, when selecting a site, the Miami -Dade Count Public Schools will consider if the site meets the minimum size criteria as recommended by the State Department of Education or as determined to be necessary for an effective educational environment. Policy EDU-1.3.4: When considering a site for possible use as an educational facility, the Miami -Dade County Public Schools should review the adequacy and proximity of other public facilities and services necessary to the site such as roadway access, transportation, fire flow and portable water, sanitary sewers. drainage, solid waste, police and fire services, and means by which to assure safe access to schools, including sidewalks. bicycle paths, turn lanes, and signalization. Policy EDU-1.3.5: When considering a site for possible use as an educational facility the Miami Dade County Public Schools should consider whether the present and proiected surrounding land uses are compatible with the operation of an educational facility. Policy EDU-1.3.6: The City shall encourage and cooperate with the Miami -Dade County Public Schools in their effort for public school siting reviews to help accomplish the objectives and policies of this element and other elements of the MCNP. The City shall cooperate with the Public Schools to establish provisions for a scopinq or pre -application meeting as part of the educational facilities review process, if determined to be warranted. Policy EDU-1.3.7: The City will continue to cooperate with Miami -Dade County Public Schools in utilizing Miami -Dade County Public Schools as emergency shelters during county emergencies. Objective EDU-1.4: The Miami -Dade County Public Schools, in conjunction with the City of Miami and other appropriate agencies, will strive to improve security and safety for students and staff. Policy EDU-1.4.1: Continue to cooperate with the Miami -Dade County Public Schools to develop and/or implement programs and policies designed to reduce the incidence of violence, weapons and vandalism on school campuses. Encourage the design of facilities, which do not encourage criminal behavior and provide clear sight lines from the street. Policy EDU-1.4.2: Continue to cooperate with the Miami -Dade County Public Schools to develop and/or implement programs and policies designed to reduce the number of incidents related to hazardous conditions as reported by the Environmental Protection Agency (EPA), the City 6-f Page 5 of 13 Printed On: 1/17/2008 ?7-0 P 180 ;arshal, rtirerit of Education (DOEJ, and other appropriate sources, Policy ECRU-1.4.3: Continue to cooperate with the Miami -Dade County Public Schools to provide for the availability of alternative programs for at -risk students at appropriate public educational facilities, Policy EDU-1,4,4: Coordinate with the Miami -Dade County Public Schools and municipalities to nrcvide for pedestrian and traffic safety in the area of schools. and sic nalization for educational facilities. Policy EDU-1.4.5: Coordinate with the Miami -Dade County Public Schools Division of School Police and other law enforcement agencies. where appropriate, to improve and Provide for a secure learning environment in the public schools and their vicinity. Objective EDU-1.5: Continue to develop programs and opportunities to bring the schools and community closer together. Policy EDU-1.5.1: Cooperate with the Miami -Dade County Public Schools in their efforts to provide "full service" schools. parent resource centers, adult and community schools and programs as appropriate. Policy EDU-1.5.2: Cooperate with the Miami -Dade County Public Schools in their efforts to continue to provide opportunities for community and business leaders to serve on committees and task forces, which relate to the development of improved provision of public educational facilities. Policy EDU-1.5.3: Cooperate with the Miami -Dade County Public Schools to continue to work with the development industry to encourage partnerships in the provision of sites and educational facilities including early childhood centers. Policy EDU-1.5.4: Cooperate with the Miami -Dade County Public Schools through agreement with a ro riate a encies to increase medical. s cholo ical and social services for children and their families as appropriate. Objective EDU-1.6: Miami -Dade County Public Schools will continue to enhance effectiveness of the learning environment, Policy EDU-1.6.1: Miami -Dade County. Public Schools is encouraged to continue the design and construction of educational facilities which create the perception of feeling 'welcome, secure and positive about the students' school environment and experiences. Policy EDU-1.6.2: The Miami -Dade County Public Schools is encouraged to continue to design and construct facilities which better provide student access to technology designed to improve learning, such as updated media centers and science laboratories, Policy EDU-1.6.3: The Miami -Dade County Public Schools is encourage to continue to improve existing educational facilities,_ in so far as funding is available,through renovation and expansion to better accommodate increasing enrollment, new educational programs and other City of ;ilium! Page 6 of 13 Printed Ot UT 7/?0©8 File Nmbr: 0701180 activities, both curricular and e a-nurricular. EDU-1,7: The School Board, the Ctv, and otherotherappropriatejur1sdctknsshaU Policy EDU-1,7.1: The City shall coordinate and cooperate with the Mjami-Dade County Public Schools, the State, municipalities and other appropriate agencies to develop or modify rules and regulations in order to simplify and expedite proposed new educational facility developments and renovations. Polio EDU-1.7.2: The location of future educational facilities should occur where capacity of other public facilities and services is available to accommodate the infrastructure needs of the educational facility, Policy EDU-1.7,3: The Miami -Dade County Public Schools should coordinate school capital improvement plans with the planned capital improvement projects of other County and municipal agencies. Policy EDU-1.7.4: The City shall cooperate with the Miami -Dade County Public Schools in their efforts to ensure that they are not obligated to pay for off -site infrastructure in excess of their fair share of the costs. Policy EDU-1.7.5: City of Miami and the Miami -Dade County Public Schools will annually review the Educational Element and the City will make amendments, if necessary. Policy EDU-1.7.6: The City shall seek to coordinate with the Miami -Dade County Public Schools in formalizing criteria for appropriate sharing of responsibility for required off -site facility improvements attributable to construction of new public schools or expansion of existing ones. Policy EDU-1.7.7: The City shall coordinate with the Miami -Dade County Public Schools and Miami -Dade County to eliminate infrastructure deficiencies surrounding existing school sites. Policy EDU-1.7.8: The City and the Miami -Dade County Public Schools shall coordinate efforts to ensure the availability of adequate sites for the required educational facilities, Policy EDU-1.7.9: The City and the Miami -Dade County Public Schools shall coordinate the appropriate roles and responsibilities of affected governmental jurisdictions in ensuring the timely, orderly and efficient provision of adequate educational facilities. Policy EDU-1.7.10: The City will work with Miami -Dade County will account for the infrastructure needs of new, planned or expanded educational facilities when formulation and implementing its own capital improvement plans, MONITORING AND EVALUATION PROGRAM City of Miami Page 7 of 13 Printed On: 1/17/2008 Nu'rn? r. 0'-i "s 180 order to enable the pre v Sectio procedures for the monitoring and evaluating of the Element and its imp.ernentatlon, Monitoring Requirements The rnary mechanisrn to the collection and update o Re uirements for Educational Facilities, at least once ever five (5' ears the School Board shall arrange for an educational plant survey to be conducted, This plant survey will include data regarding existin facilities and a five year nrolection of student .tion. The written re othis survey shall include the following: 16 ° g . Florida Sta enufred 'F.S, . and Rule J-5_65?, F.A_C., this section will Dial r oroares ne the hievina the objectives and pol=ties in this Element is ppropriate baseline data. Further, as required by the State Inventory An inventory of existing ancillary and educational plants and auxiliary facilities. Student An analysis of past and projected student population. Population Capital Outlay An analysis of expenditures and projected capital outlay funds. Facilities Statements of proposed types of facilities, grade structure, and list student capacity, Funding A proposed funding plan. The information obtained from the educational plant survey will be used to generally monitor the progress of the objectives and policies contained in the Educational Element and will provide specific indicators for Objective EDU-1.1 and Objective EDU-1.4. The enforcement or adoption of interlocal agreements shall be explored as a means to help implement components of the Educational Element, and to coordinate the efficient provision of public educational facilities. The performance of any agreements related to objectives of this element will be monitored as they are set in place. Objective EDU-1.1 policies relating to the maintenance and improvement of specific level of service for public educational facilities, as specified in the Educational Facilities Impact Fee Ordinance, shall be reviewed annually. Each year, the Miami -Dade County Public Schools will compare the official enrollment of the school system with the number of student stations available to determine the current operating LOS. Objective EDU-1.2 will be measured through an annual review of the latest adopted Miami -Dade County Public Schools Facility Work Program in order to determine if the adopted concurrency level of service standard (including the Interim LOS standards) is being achieved. The number of development orders approved, those disapproved and those that have achieved LOS standards through mitigation options will also be reviewed. Objective EDU-1.3 will be monitored through the annual inventory and assessment by the Miami -Dade County Public Schools of School Board owned property. The number of new sites shall be reported annually and in the full review period reported in the EAR. City of Miami Page 8 of 13 Printed On: 1/17/2008 tinter 07- Objective EDU-1.4 will be monitored through the review and analysis of the statistics relating to school safety, as co edannualt b the Miami -Dade Count Public Schools Division of e prevention p also be conducted on an annual basis. Objective EDU®1.5 shalt be monitored b the Miarrsi-Dade Coun and reviewing the progress and number of new and existing community oriented programs, including an enrollment analysis, by age and ethnicity, of adult, community and vocational programs> reortin Objective EDU®1,6 shall be monitored by the Miarni4Dade County Public Schools by reporting the number of educational facility enhancements such as media centers, art/music suite, and science laboratories> Objective EDU-1.7 will be addressed by implementing and tracking the development of appropriate mechanisms, including interlocal agreements and coordination efforts, which serve to expedite the provision or enhancement of public educational facilities> Monitoring methods may be added or deleted as circumstances and criteria evolve. Any significant modifications to the monitor in rocess will be dealt with as a ro riate, throw h the Miami Comprehensive Neighborhood Plan amendment process. Evaluation Available data regarding the various public educational facilities will be used to assess progress on specific objectives. In order to evaluate the level of service being provided, student capacity totals will be reviewed in comparison to student enrollment to determine the status of the current level of service being provided. Similarly, performance in terms of achieving other objectives can also be analyzed by tracking the number of completed capital projects. as well as the development and implementation of other programs associated with each objective. Results of these calculations and measures will be analyzed and changing circumstances and opportunities will be considered. Any actions, changes or modifications to the Goal, Objectives, and Policies will be explained in accordance with the results of this process of continued monitoring and evaluation. Any necessary changes will be made through the Miami Comprehensive Neighborhood Plan amendment process. Future Conditions Maps Consistent with Section 163.3177 12 Florida Statutes ma s showin existin and future conditions are included in the element. A map series (Figures 1A, 2B and 3C shown in "Exhibit A") indicate the public school and ancillary facility locations as December 31, 2007. INTERGOVERNMENTAL COORDINATION ELEMENT Policy IC-1.1.2: The City, County and School Board shall follow the procedures City of Miami Page 9 of 13 Printed On: 1/17/2005 N{sn; er O7 O1 8 established in the d riled interic,af Agreement for Public School Facility Planning in Miami -Dade County, including, but not limited to, coordinating and collaborative Planning and decision making of land uses, and public school facilities siting, decision making on population projections, location and extension of public facilities suh,ect to concurrence, and siting of facilities with a countywide sign ificanct 1.1.2,1: City in Miami shall coordinate with the Miami -Dade County Public Schools and other narties to the ed Interlocal Aereement for Public School Facility Planning to establish Level of Service Standards (including Interim LOS standards) for public school facilities and an- amendments affecting public school concurrenc CAPITAL IMPROVEMENTS ELEMENT Policy CI-1.1.4: As capital projects are incorporated into the CIE and CIP, consideration will be given to the elimination of public hazards, the elimination of shortfalls between the adopted level of service (LOS) standards and the existing capacity of public facilities; the impact of proposed capital projects on the capital and operating budgets of the City; the fiscal capacity of the City to meet future capital spending needs; the economic and social benefits to be generated by proposed projects; the environmental impacts of proposed projects; the public facility requirements of new development or redevelopment; consistency between proposed capital projects and the goals and objectives set forth in the various elements of the Miami Comprehensive Neighborhood Plan; and the coordination betwen proposed City projects and those projects and prgrams of federal, state, county agecies, the South Florida ater Maagement District, and Miami -Dade County Public Schools. Policy CI-1.1.16: The City will assist where possible Miami -Dade County Public Schools and Miami Dade County in providing school cocuurency related capital improvements and seeking to expand the funding sources available to meet those requirements. Objective CI-1.2: Ensure that land development regulations and policies are consistent with the City's ability to provide the capital facilities required to maintain adopted LOS standards and those needed to maintain or enhance the quality of life within the city. (See Coastal Management Objective CM-1.4 or Educational Objective EDU-1.2.1 Policy CI-1.2.3: Acceptable Level of Service Standards for public facilities in the City of Miami are: a) Miami -Dade Public Schools - Beginning January 1. 2008, the adopted level of service (LOS) standard for all Miami -Dade County public school facilities is 100% utilization of Florida Inventory of School Houses (FISH) Capacity (With Relocatable Classrooms). This LOS standard shall be applicable in each public school concurrency service area (CSA), defined as the public school attendance boundary established by the Miami -Dade County Public Schools. Policy CI-1.3.5: The City will work with the Miami Dade County and the Miami -Dade County Public Schools to identify appropriate funding mechanisms in order to assure the City of .Nonni Page . a of 13 Printed On: 1/17/2008 File Nd9rnb r 07-01180 po[ic_y C1-1,3.6: The Miami -Dade County Public Schools Faci ides Jork Pro ram w°°ill ° evaluated on an annual basis to ensure that the level of service standards will continue to be achieved and maintained ttTo, hout the olannino eriod, CONCURRENCY MANAGEMENT PROGRAM Coneurrencv refers to a provision of Florida law that requires certain public facilities and senfices to be available when the impact of land development occurs. They must be available "current w,rwith" the impact of development. Para hrasin Section 163.3202, no rr a Statues. each county and municipality must incorporate specific and detailed provisions which shall provide that public facilities and services meet or exceed the Levels of Service (LOS) standards established in the Plan's Capital Improvements Element and are available when needed for the development, or that the development orders or permits are conditioned on the availability of these public facilities and services necessary to serve the proposed development. Levels of Service (LOS) are measures that determine the capacity of the pubic facility per unit of demand. Local governments are required to adopt LOS standards for the following services: Recreation and Open Space Potable Water Sanitary Sewer Storm Drainage Solid Waste Traffic Circulation Educational/ Public School Facilities The Levels of Service for each element are adopted by the local government in its Comprehensive Plan and approved by the state. Consequently, if any of the facilities or services are not available, or are deficient in their LOS. development cannot take place until they are provided at the required level, and "concurrent with" the impact of the development. Because the City of Miami is a fully developed city, its adopted Land Use Plan Map is designed so that the land use densities and intensities shown on it are supported by appropriate infrastructure that will meet the cities adopted LOS standards. Moreover, Miami's zoning regulations have been made consistent with its adopted Land Use Plan Maps required by Florida's Growth Management Laws. Therefore, development or redevelopment that does not exceed allowable zoned uses and intensities will not require concurrency review as a condition of issuance. because it is generally supported by adequate infrastructure. If a development permit being requested requires a Land Use/ Zoning change, or a Major Use Special Permit or similar consideration, a concurrency review will be required. impacts of the proposed development on the required LOS standards will be calculated, and a determination made as to whether the required infrastructure capacity will be available concurrent with the im act of develo rnent. Plannin De artment will consult de artments of PW SW Parks & Recreation. , and others as appropriate for input to the LOS impact evaluation. An affirrratiye fir€nci a determination will be required before a prospective Cite of nal rive 11 of 13 Printed On: 1/17/20008 P111-':mrber7 07-01180 eloper can obtain a subsequent development order. Public School Fa ciii tes: Necessary public nears after of final eauivalent. cilities must be in place or under actual construc nces at final subdivision of site plan approval, or the The City in coordination with the Miami -Dade County Public School shall by ordinance, include proportionate share mitigation methodologies and options for public school facilities in its concurrency management program and Interlocal Local Agreement for Public Facility Planning between Miami -Dade County Public Schools. Miami -Dade County and the Cities in Miami -Dade County. consistent with the requirements of Chapter 163, Florida Statutes. The intent of these options is to provide for the mitigation of residential development impacts on public school facilities. guaranteed b ale al bindin agreement, throw h mechanisms that include. one or more of the following; contribution of land: the construction. expansion, or payment for land acquisition or construction of a permanent public school facility: or, the creation of a mitigation bank based on the construction of a permanent public school facility in exchange for the right to sell capacity credits. Capital improvements associated with the construction of educational facilities are the responsibility of the Miami -Dade County Public School. To address financial feasibility associated with school concurrency, the Miami -Dade County Public School Facilities Work Program dated September 2007 for educational facilities will be incorporated by reference in the CIE. The City shall coordinate with the Miami -Dade County Public Schools, to annually update its Facilities Work Program to include existing and anticipated facilities for both the 5-year and long-term planning periods. and to ensure that the adopted level of service standard, including interim standards. will continue to be achieved and maintained. The City, through its annual update to the Capital Improvements Schedule, will incorporate by reference the latest adopted Miami -Dade County Public Schools Facilities Work Program for educational facilities. The City and the Miami -Dade County Public School will coordinate their planning efforts prior to and during the MCNP Amendment process and during updates to the Miami -Dade County Public Schools Facilities Work Program. Section 3. The City Manager is directed to instruct the Director of the Planning Department to immediately transmit a certified copy of this Ordinance after its adoption on second reading to: the Secretary, Florida ❑epartment of Community Affairs; the Executive Director, South Florida Regional Planning Council, Hollywood, Florida; and any other person or entity requesting a copy. Section 4. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 5. If any section, part of section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 6, This Ordinance shall become effective thirty-one (31) days after second reading and adoption thereof pursuant and subject to §163.3187(3)(c), Fla. Stat. (2007). {1} City of Miami Page 12 of )3 Printer! On: 1/17/2008 File '.AJOrnber: 7 011800 APPROVED AS TO FORM AND CORRECTNESS: JORGE L. FERNANDEZ CITY ATTORNEY Footnotes {{1} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. if the Mayor vetoes this Ordinance, it shall become effective date stated herein, whichever is later_ City of Miami Page 13 of 13 Printed On: 1/1 /2008