HomeMy WebLinkAboutMCNP Amendments for SB Concurrency- Backup InfoLEGISTAR FILE ID: 07-01180
APPLICANT
REQUEST/LOCATION
COMMISSION DISTRICT
PETITION
PLANNING
RECOMMENDATION
BACKGROUND AND
ANALYSIS
PLANNING ADVISORY BOARD
CITY COMMISSION
PLANNING FACT SHEET
September19, 2007 Item #1
City of Miami
Amendment to Ordinance No. 10544, as amended, The Miami
Comprehensive Neighborhood Plan.
City wide
Consideration of an Ordinance of the Miami City Commission,
with attachments, amending Ordinance No. 10544, as amended,
The Miami Comprehensive Neighborhood Plan, by adding a
new Educational Element, and amending and adding certain
policies to the Intergovernmental 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; containing a repealer provision and a
severability clause; and providing an effective date.
APPROVAL
The 2005 Florida Legislature enacted Senate Bill 360 included a
mandate that all school districts, counties and municipalities
within the county, unless exempt or subject to a waiver, must
amend their comprehensive plans to modify and add Objectives,
Policies, as necessary, to their Educational, Intergovernmental
Coordination and Capital Improvements Elements to ensure
compliance with School Concurrency regulations contained in
the 2005 Growth Management Law. Failure to amend to
implement school concurrency by January 1st, 2008, will result in
jurisdictions being prohibited from adopting comprehensive plan
amendments which would increase residential density, until
concurrency amendments have been adopted and transmitted to
the Department of Community Affairs.
CITY OF MIAMI • PLANNING DEPARTMENT
444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130
PHONE (305) 416-1500
VOTE:
Date Printed: 9/17/2007 Page 1
City of Miami
Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.ci.miami.fl.us
File Number: 07-01180 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI 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; 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 , 2007,
Item No. , following an advertised hearing, adopted Resolution No. PAB by a
vote of to (_ _), RECOMMENDING APPROVAL/DENIAL of text amendments to
the Educational, Intergovernmental Coordination, and Capital Improvement Elements of
Ordinance No. 10544 as hereinafter set forth; and
WHEREAS, on , 2005, 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
City of Mial77i
Page 1 of 17 Printed On: 12/27/2005
File Number:
WHEREAS, the City Commission after careful consideration of this matter deems
it advisable 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. 10544, as amended, the Miami Comprehensive
Neighborhood Plan, is hereby amended by amending the text of the Policies of said
Ordinance as follows:L111
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 EDU-1.1.1: Cooperate with the Miami -Dade County Public Schools in their 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.
City of Miami Page 2 of 17 Printed On: 9/17/2007
File Number:
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.
Policy EDU-1.1.5: The Miami -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 Agreement pursuant to Sections 1013.33 and
163.31777, Florida Statutes.
Policy EDU-1.1.6: Capital improvement programming by the Miami -Dade Public Schools
should be based on future enrollment projections and demographic shifts and targeted to
enhance the effectiveness of the learning 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' projections to reflect actual enrollment and
development trends. In formulating such a request, the School Board will coordinate with
the City regarding development trends and future population projections.
Objective EDU-1.2: The City of Miami shall coordinate new residential development with the
future availability of public school facilitiesi consistent with the adopted level of service
standards for public school concurrency.
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 Miami -Dade County Public Schools. All public school
facilities should continue to maintain or decrease their percent utilization of FISH capacity
(With Relocatable Classrooms). Public schools facilities that achieve 100% utilization of
Level of Service standards for public school facilities to those traditional educational facilities, owned and
operated by the Miami -Dade County Public Schools, that are required to serve the residential development
within their established Concurrency Service Area. Level of Service standards do not apply to magnet
schools, charter schools and other educational facilities that may have districtwide educational facilities if
their enrollment is at, or above, 100% FISH Capacity (with Relocatable Classrooms)
City of Miami
Page 3 of 17 Printed On: 9/17/2007
File Number:
Permanent FISH capacity (No Relocatable Classrooms) should no longer utilize
relocatable classrooms except as an operational solution?. (See CI Policy CI-1.2.3.g)).
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 this end, beginning January 1,
2013 the Miami -Dade County Public Schools should not use relocatable classrooms to
provide additional FISH capacity at any school except as an operational solution?.
Additionally beginning January 1, 2013 the Miami -Dade County Public Schools will
implement a schedule to eliminate all remaining relocatable classrooms by January 1,
2018.
Policy EDU-1.2.3: In the event the adopted LOS standard of a CSA cannot be met as a
result of a proposed development's impact, the development may proceed provided at
least one of the following conditions is met:
1.2.3.1: The development's impact can be shifted to one or more adjacent CSAs
that have available capacity located, either in whole or in part, within the same
Educational Impact Fee Benefit District as the proposed development; or
1.2.3.2: The development's impact is mitigated, proportionate to the demand for
public schools it created, through a combination of one or more proportionate
share mitigation options as defined in Section 163.3180 (13)(e)1, Florida Statutes.
1.2.3.3: The development's impacts are phased to occur when sufficient capacity
will be available.
If none of the above conditions is met, the development shall not be approved.
Objective EDU-1.3: Obtain suitable sites for the development and expansion of public
education facilities
Policy EDU-1.3.1: In the selection of sites for future educational facility development, the
City encourages the Miami -Dade County Public Schools to consider whether a school is in
close proximity to residential areas and is in a location that would provide a logical focal
point for 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 joint use facilities or
the creation of logical focal points for community activity.
2 Relocatable classrooms may be used by the Miami -Dade County Public Schools as an operational solution
to achieve the level of service standard during replacement, remodeling, renovation or expansion of a
public school facility
City of Miami
Page 4 of 17 Printed On: 9/17/2007
File Number:
Policy EDU-1.3.3: The City acknowledges and concurs that, when selecting a site, the
Miami -Dade County 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 projected
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 fire marshal, the State Department of Education (DOE), and other
appropriate sources.
Policy EDU-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.
City of Miami
Page 5 of 17 Printed On: 9/17/2007
File Number:
Policy EDU-1.4.4: Coordinate with the Miami -Dade County Public Schools and
municipalities to provide for pedestrian and traffic safety in the area of schools, and
signalization 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 appropriate agencies to increase medical, psychological, 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.
'oiicy tuU-1.b.z: i ne iviiami-uaae county Folic 5cnoois is encouragea to continue to
iesign 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 encouraged 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 activities, both curricular and extra -curricular.
Objective EDU-1.7: The School Board, the City, and other appropriate jurisdictions shall
establish and implement mechanism for on going coordination and communication,
to ensure the adequate provision of public educational facilities.
City of Miami
Page 6 of 17 Printed On: 9/17/2007
File Number:
Policy EDU-1.7.1: The City shall coordinate and cooperate with the Miami -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.
Policy 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.
City of Miami
Page 7 of 17 Printed On: 9/17/2007
File Number:
MONITORING AND EVALUATION PROGRAM
In order to enable the preparation of the periodic Evaluation and Appraisal Report (EAR) as
required by Section 163.3191, Florida Statutes (F.S.), and Rule 9J-5.0053, F.A.C., this section will
outline the procedures for the monitoring and evaluating of the Element and its implementation.
Monitoring Requirements
The primary mechanism to monitor progress in achieving the obiectives and policies in this
Element is the collection and update of appropriate baseline data. Further, as required by the
State Requirements for Educational Facilities, at least once every five (5) years the School Board
shall arrange for an educational plant survey to be conducted. This plant survey will include data
regarding existing facilities and a five (5) year projection of student population. The written report
from this survey shall include the following:
Inventory An inventory of existing ancillary and educational plants and auxiliary
facilities.
Student
Population
An analysis of past and projected student 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 obiectives 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
City of Miami
Page 8 of 17 Printed On: 9/17/2007
File Number:
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.
Objective EDU-1.4 will be monitored through the review and analysis of the statistics relating to
school safety, as compiled annually, by the Miami -Dade County Public Schools Division of Police.
A review and analysis of new and existing reactive and proactive safety and crime prevention
programs will also be conducted on an annual basis.
Objective EDU-1.5 shall be monitored by the Miami -Dade County Public Schools by reporting 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.
Objective EDU-1.6 shall be monitored by the Miami -Dade 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 monitoring process will be dealt with, as appropriate, through 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 proiects, 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.
Current Conditions Maps
Consistent with Section 163.3177(12) (g), Florida Statutes, maps showing existing conditions are
included in the element. A map series (Figures 1A through 1C) indicate the current public school
and ancillary facility locations as December 31, 2007.
City of MiC1177i Page 9 of 17 Printed On: 9/17/2007
File Number:
Figure 1IA
City of Miami
Public Educational and
Ancillary Facilities
September 2007
.;ounce: City d Mani Canrnedly P . .
for elNiyDominedisiGIS Ma1tr&dicc, _ _
0 C.2 0.6 1
J
1114.41411 JAO ON
HAYA ANGELOU
I J l
1.5
■Him
Legend
EUucallan Fdiclllltlea
1 NI ether Faculties
• PI�IIc EIern ntary
g Punk / •]tll_
F' DmImIlcblgn
QL ^ecurdary
PHYLiJ3IR
1 {
x11D10NGSID▪ E
•
I
J I
J i•
r�
City of Miami
Page 10 of 17 Printed On: 9/17/2007
File Number:
Figure 2B
City of Miami
Public Educational and
Ancillary Facilities
September 2007
` el:
Some: L1tf of Petard C.aaunrity Plauilua
:£^ow.DcannertsiGIS RlarreS110 ®27J1lI
Q a.25 D. 1 1.5
�I�es
r.. H OKERT1 $E711G1C
• -41
-
$HEN 1DO&H
^ 2
Legend
EUucallon FaclllItlea
N AJI ether Facilities
Pl�llc EIeamntary
g Punk / CII_
F' =ulhllcrlgn
QL' ^ecurdari
ti I I- El •
ED_ R. 13131.1
City of Miami
Page 11 of 17 Printed On: 9/17/2007
File Number:
Figure 3C
Ci&yofMianii Legend
Public Educational and iiiti
An Facilities 0. NI ether Facilities
September 2007 Eiernentane
(*- Punic idlE
LIcbr1
-acurclary
Source City &Mania:mina-4P:
demi, elliteDcommenliAGIS klwriSchco
o C
.11•1111P1
Him
. <
‘-- ••••• — - -
11TH
Are] %lap 3
Cry Dr -Warn!
Rtlic Schad&
•
= 'pz.•,,,J
ramutorm PARK
tVN 1
KENSINGTON PARK
- I X.U0D.1r.17.k7
17-
City of Miami
Page 12 of 17
Printed On: 9/17/2007
File Number:
INTERGOVERNMENTAL COORDINATION ELEMENT
1.1.2.1: City of Miami shall coordinate with the Miami -Dade County Public
Schools and other parties to the adopted Interlocal Agreement for Public School
Facility Planning to establish Level of Service Standards (including Interim LOS
standards) for public school facilities and any amendments affecting public school
concurrency.
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 between proposed
City projects and those projects and programs of federal, state, county agencies, the
South Florida Water Management 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 concurrency 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.)
City of Miami
Page 13 of 17 Printed On: 9/17/2007
File Number:
Policy CI-1.2.3: Acceptable Level of Service Standards for public facilities in the City
of Miami are:
q) 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. All public school facilities should continue to maintain or decrease their
percent utilization of FISH capacity (With Relocatable Classrooms). Public schools
facilities that achieve 100% utilization of Permanent FISH capacity (No Relocatable
Classrooms) should no longer utilize relocatable classrooms except as an operational
solution3. (See Educational Objective EDU-1.2 and Policy EDU-1.2.1)
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 fiscal resources to maintain acceptable levels of service.
CONCURRENCY MANAGEMENT PROGRAM
Concurrence refers to a provision of Florida law that requires certain public facilities and services to
be available when the impact of land development occurs. They must be available "current with"
the impact of development.
Paraphrasing Section 163.3202, Florida Statutes, 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:
3 Relocatable classrooms may be used by the Miami -Dade County Public Schools as an operational solution
to achieve the level of service standard during replacement, remodeling, renovation or expansion of a
public school facility
City of Miami
Page 14 of 17 Printed On: 9/17/2007
File Number:
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 is reviewed for
compliance with the City's land development regulations, including levels of service (LOS)
or "concurrency" standards, as part of the building permit issuance process. Final issuance
of the building permit is evidence that land development requirements, including
"concurrency" are satisfied.
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 impact of development. Planning Department will consult departments
of PW, SW, Parks & Recreation, as well as the Miami -Dade County School Board, and
others as appropriate for input to the LOS impact evaluation.
An affirmative principal concurrency determination will be required before a prospective
developer can obtain a subsequent development order.
City of Miami
Page 15 of 17 Printed On: 9/17/2007
File Number:
Public School Facilities:
Necessary public school facilities must be in place or under actual construction within three years
after of final issuances of final subdivision or site plan approval, or the functional equivalent.
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.
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.
City of Miami
Page 16 of 17 Printed On: 9/17/2007
File Number:
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 Department 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 top 163.3187(3)(c), Fla. Stat.
(2001). {1 }
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
CITY ATTORNEY
{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 17 of 17 Printed On: 9/17/2007