LTC 122-2007 Public Schools Facilities Element and Updated Public Schools Interlocal Agreement and Evaluation and Appraisal Report of the City's Comprehensive Plan
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MIAMI BEACH
OFFICE OF THE CITY MANAGER
NO. LTC # 122-2007
LEITER TO COMMISSI~N~
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TO:
Mayor David Dermer and Members of the City Commission
City Manager Jorge M. Gonzalez J ~ ~
May 29,2007 ()
FROM:
DATE:
SUBJECT: Public Schools Facilities Element and Updated Public Schools Interlocal
Agreement and Evaluation and Appraisal Report of the City's Comprehensive
Plan
According to the schedule published by the Department of Community Affairs (DCA), Miami-
Dade County and all its municipalities must have an adopted School Facilities Element and
updated Public School Facility Planning Interlocal Agreement no later than January 1,2008.
This Comprehensive Plan Amendment is exempt from the provisions of 163.3187 (no more
than 2 times per year). These two documents can be adopted concurrently and it has been
recommended that the legwork start sooner than later. Following are summaries and
highlights of the School Element and Updated Interlocal Agreement. The County already
had the Planning Advisory Board hearing in April. See its schedule directly below.
Educational Element - Miami Dade County Comprehensive Plan Amendment
Schedule:
April 23, 2007
July 12, 2007
Planning Advisory Board hearing for recommendations
Board of County Commissioners hearing for transmittal to DCA (this
date was changed from May 21, due to technicalities in finalizing this
amendment with the Miami Dade School Board)
July, 2007
Transmittal to DCA for comments
September, 2007*
Tentative date to receive ORC from DCA
September, 2007*
PAB public hearing and final recommendation
October 3, 2007* Public hearing and final adoption by Board of County Commissioners
* Tentative dates depending on response from DCA
*
*
*
Our tentative schedule for adoption should be as follows:
July 24, 2007: Planning Board public hearing for recommendation
September 5, 2007: City Commission hearing for transmission of compo plan amendment
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Letter to the Commission
Re: School Facilities Element and Updated
Public Schools Interlocal Agreement
May 28, 2007
Page 2
September/October 2007: DCA sends Objections, Recommendations and Comments
(ORC) (60 days +/-)
October 27,2007: Set City Commission public hearing
December 12, 2007: City Commission public hearing for adoption of School Facilities
Element and Interlocal. Agreement - This can be done by resolution,
and adoption of the Evaluation and Appraisal Report (EAR) of the
City's Comprehensive Plan, which can also be done by resolution.
*
*
*
The following is a brief summary of the proposed Comprehensive Plan Amendment
EDUCATIONAL ELEMENT
. Establishes school concurrency (Mandated by the 2005 Growth Management
Act)
o LOS standards - 100% Permanent Florida Inventory of School Houses (FISH)
capacity without relocatables (portables) by 2018.
o Schools not meeting 100% FISH by 1/1/08 will have 10 years to achieve.
o Once 100% FISH is achieved, cannot exceed LOS
o Interim standards between 1/1/08 and 1/1/18:**
Between 1/1/08 to 9/1/10
· 100% of FISH (with relocatables) for those schools that cannot meet the
adopted LOS and are operating at less than or up to 100% FISH capacity
with relocatables. These schools cannot exceed 100% FISH capacity
with relocatables.
Between 9/2/10 to 12/31/17
· 100% FISH with relocatables is the interim LOS. By 1/1/13 the School
system cannot use relocatables to provide additional capacity at any
school.
· Beginning 1/1/13, the School system will implement a schedule to
eliminate relocatables by 1/1/18.
**
The timeline for achieving these standards may be revised slightly in order to meet
the requirements of the 2005 Growth Management Act for a financially feasible plan.
Letter to the Commission
Re: School Facilities Element and Updated
Public Schools Interlocal Agreement
May 28, 2007
Page 3
. Development Impact
o LOS cannot be met in a Concurrency Service Area (CSA) because of
development impact, development may proceed if meeting one or more of the
following conditions:
· Impact can be shifted to one or more contiguous CSA ifthere is available
capacity;
· Impact is mitigated through a combination of one or more proportionate
share mitigation options: contribution of land; construction, expansion or
payment for land acquisition; construction of a permanent public school
facility.
· Developments are phased to occur when sufficient capacity will be
available.
If none of the above can happen, development cannot be approved.
. Magnet schools, schools of choice and other educational facilities with districtwide
attendance boundaries must meet 100% FISH capacity with relocatables by January
1,2013.
. Miami Dade County and Miami Dade County Public Schools (MDCPS) will review
annually the Educational Element and update the county's comprehensive plan if
necessary in accordance with the interlocal agreement.
. Monitoring and evaluation will be measured through annual review of the adopted
MDCPS Facility Work Program to determine if concurrency LOS is being achieved.
As a note to the monitoring and evaluation, the School System will implement a Concurrency
Management System that will track the changes in schools' capacity and LOS standards.
UPDATED INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING
The updates to the Interlocal Agreement are mostly to incorporate either by reference or
stated the new statutory mandate to implement public schools concurrency. The agreement
incorporates certain dates which are key annual deadlines by the School Board, LOS
Standards for school concurrency and dates in the future to achieve the adopted LOS
standards. The agreement also clarifies that it does not limit the authority of any city or the
country to deny site plan, or functional equivalent, for reasons other than failure to achieve
and maintain the adopted LOS.
EVALUATION AND APPRAISAL REPORT (EAR) OF THE CITY'S COMPREHENSIVE
PLAN
Planning staff is currently working on finalizing the EAR and it is anticipated that the report
and adoption will travel concurrent and subject to the same deadlines previously stated.
Letter to the Commission
Re: School Facilities Element and Updated
Public Schools Interlocal Agreement
May 29,2007
Page 4
Planning Staff will be available to any Commissioner on a one-to-one basis should it be
necessary.
JMG~G~($(O
c: Jorge M. Gomez, Planning Director
Timothy Hemstreet, Assistant City Manager
Robert Parcher, City Clerk
F:\PLAN\$PLB\Comp Plan Amendments\School Concurrency\Educational Element & ILA L TC2.doc