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Ordinance 99-3203 ORDINANCE NO. 99-3203 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,AMENDING THE CITY OF MIAMI BEACH COMPREHENSIVE PLAN; BY MODIFYING PART II: GOALS, OBJECTIVES AND POLICIES; BY MODIFYING OBJECTIVE 1: LAND DEVELOPMENT REGULATIONS, OF THE FUTURE LAND USE ELEMENT BY ADDING A POLICY REGARDING SCHOOL SITING REQUIREMENTS AS REQUIRED BY STATE STATUTE;BY MODIFYING OBJECTIVE 2: COMPREHENSIVE PLAN COORDINATION, OF THE INTERGOVERMENTAL COORDINATION ELEMENT BY ADDING A POLICY REGARDING REQUIREMENTS FOR COORDINATION WITH THE MIAMI-DADE COUNTY SCHOOL BOARD AS REQUIRED BY STATE STATUTE; BY MODIFYING PART I: DATA AND ANALYSIS, BY MODIFYING CHAPTER I,FUTURE LAND USE ELEMENT BY ADDING DATA AND ANALYSIS PERTAINING TO SCHOOL CAPACITIES, ENROLLMENT AND PROJECTIONS;AND,DIRECTING TRANSMITTALS OF THIS ORDINANCE AND ALL APPLICABLE DOCUMENTS TO AFFECTED AGENCIES; PROVIDING FOR REPEALER,SEVERABILITY, INCLUSION IN THE COMPREHENSIVE PLAN AND AN EFFECTIVE DATE. WHEREAS, in 1998, the Florida Legislature amended section 163.3177(6)(a), Florida Statutes, to require local governments to include school location criteria in their comprehensive plans; and WHEREAS, the criteria are to encourage the location of schools near urban areas and to collocate them with parks, libraries and community centers to the extent possible; and, WHEREAS, the City is required to revise its land use elements by October 1, 1999 to incorporate these criteria and designate the land use categories where public schools are an allowable use; and, WHEREAS,any local government that fails to incorporate school location and collocation criteria by the October 1, 1999 deadline will be prohibited from amending their comprehensive plan as provided by section 163.3187(6), F.S.; and, WHEREAS,amending the text of the City of Miami Beach Comprehensive Plan as provided herein is necessary to comply with these requirements and affirm the City's policies relative to public school siting and coordination with the school board; NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. AMENDMENT OF PART II: GOALS, OBJECTIVES AND POLICIES OF THE CITY OF MIAMI BEACH COMPREHENSIVE PLAN. That "Objective 1: Land Development Regulations" of the Future Land Use Element is hereby modified as follows: Policy 1.6 Public Educational Facilities are an allowable use in all Future Land Use Categories. SECTION 2. AMENDMENT OF PART II: GOALS, OBJECTIVES AND POLICIES OF THE CITY OF MIAMI BEACH COMPREHENSIVE PLAN. That "Objective 2: Comprehensive Plan Coordination" of the Intergovernmental Coordination Element is hereby modified as follows: Policy 2.2 During pre-development program planning and site selection activities,the City shall coordinate with the Miami-Dade Public Schools, and continue to seek, where feasible and mutually acceptable, to collocate schools with other public facilities, such as parks, libraries, and community centers to the extent possible. SECTION 3. AMENDMENT OF PART I: DATA AND ANALYSIS OF THE CITY OF MIAMI BEACH COMPREHENSIVE PLAN. That "Chapter I: Future Land Use Element" is hereby modified as follows: Public School Enrollment,Utilization and Capacity School Membership Permanent Permanent/ Program Enhanced Utilization Temporary Capacity Program Utilization Utilization Capacity Miami Beach Sr. 2647 113% 107% 107% 101% Nautilus Middle 1476 111% 111% 113% 113% Biscayne El. 1140 169% 110% 162% 107% Fienberg/Fisher El. 898 89% 85% 94% 90% South Pointe El. 696 117% 117% 125% 125% SECTION 4. REPEALER. That all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 5. SEVERABILITY. If any section, subsection,clause or provision of this Ordinance is held invalid,the remainder shall not be affected by such invalidity. SECTION 6. INCLUSION IN COMPREHENSIVE PLAN. It is the intention of the City Commission, and it is hereby ordained that Section 1 is made part of the City of Miami Beach Comprehensive Plan,as amended;that the sections of this Ordinance may be renumbered or relettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect on the 27th day of September , 1999 , however, the effective date of any plan amendment shall be in accordance with Section 163.3184, Florida Statutes. PASSED and ADOPTED this 17th day of September, 1999 . ATTEST: MAYOR Pkut, 0 -PG(iI CITY CLERK FAPLAN\$PLB\MAY\SCHOOLS\1396RV.ORD APPROVED AS TO FORM& LANGUAGE 1st reading 6/23/99 & FOR EXECUTION 2nd reading 9/17/99 114.— 6/11/97 City A.ttornat tris • ATTACHMENT "A" • STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Helping Floridians create safe, vibrant, sustainable communities" SEB BUSH STEVEN M.SEIBERT Governor Secretary August 5, 1999 _ The Honorable Neisen Kasdin =' Mayor, City of Miami Beach 1700 Convention Center Drive Miami Beach,Florida 33139 Dear Mayor Kasdin: The Department has completed its review of the proposed Comprehensive Plan Amendment for the City of Miami Beach (DCA No. 99-PS 1),which was submitted on June 24, 1999. Copies of the proposed amendment have been distributed to the appropriate state,regional and local agencies for their review and their comments are enclosed. As the Department does not have any objections, this letter serves as the Objections, Recommendation, and Comments (ORC)Report. This letter and the enclosed external agency comments are being issued pursuant to Rule 9J- 11.010, Florida Administrative Code (F.A.C.).The process for adoption of local comprehensive plan amendments is outlined in s. 163.3184,Florida Statutes(F.S.),and Rule 9J-11.011,F.A.C. Upon receipt of this letter,the City has 60 days in which to adopt, adopt with changes, or determine that the City will not adopt the proposed amendment. The process for adoption of local government comprehensive plan amendments is outlined in s. 163.3184, F.S., and Rule 9J-11.011,F.A.C. Within ten working days of the date of adoption,the City must submit the following to the Department: Three copies of the adopted comprehensive plan amendments; A copy of the adoption ordinance; A listing of additional changes not previously reviewed; A listing of finding by the local governing body, if any,which were not included in the ordinance; and A statement indicating the relationship of the additional changes to the Department's Objections, Recommendations and Comments Report. 2555 SHUMARD OAK BOULEVARD • TALLAHASSEE, FLORIDA 32399-2100 Phone: (850) 488-8466/Suncom 278-8466 FAX: (850) 921-0781/Suncom 291-0781 Internet address: http://www.state.fl.us/comaff/ FLORIDA KEYS GREEN SWAMP Area of Critical State Concern Field Office Area of Critical State Concern Field Office 2796 Overseas Highway,Suite 212 205 East Main Street,Suite 104 Marathon,Florida 33050-2227 Bartow,Florida 33830-4641 Mayor Neisen Kasdin August 5, 1999 Page Two The above amendment and documentation are required for the Department to conduct a compliance review, make a compliance determination and issue the appropriate notice of intent. In order to expedite the regional planning council's review of the amendments, and pursuant to Rule 9J-11.011(5), F.A.C., please provide a copy of the adopted amendment to the Executive Director of the South Florida Regional Planning Council. If you have any questions,please contact Ken Metcalf, Community Program Administrator, or Paul DiGiuseppe,Planning Manager,at(850) 487-4545. Sincerely yours, 171/110714 C Michael D. McDaniel Growth Management Administrator Enclosure MDM1pd cc: Richard Lorber, City of Miami Beach Carolyn Dekle, South Florida Regional Planning Council Bob Usherson,Miami-Dade County DIVISIONS OF FLORIDA DEPARTMENT OF STATE ,..v.11g ST4, MEMBER OF THE FLORIDA CABINET �:. Office of the Secretary :9n State Board of Education Office of International Relations p'.,• Trustees of the Internal Improvement Trust Fund Division of Elections = i 'r,e' Administration Commission Division of Corporations - �° Florida Land and Water Adjudicatory Commission S�. ard Division of Cultural Affairs .. r�;. 1 and F Bane Division of Bond FinanceDivision of Historical Resources (\: :',�,..-�' �• Department of Revenue Division of Library and Information Services yy¢ Department of Law Enforcement Division of Licensing Department of Highway Safety and Motor Vehicles Division of Administrative Services FLORIDA DEPARIINIENT OF STATE Department of Veterans'Affairs Katherine Harris Secretary of State Arr-arF5-• DIVISION OF HISTORICAL RESOURCES July 7, 1999 toe, Alb 9 1999, Mr. Ray Eubanks Department of Community Affairs j/ BUREAU OF STATE Bureau of State Planning 1 PLANNING 2555 Shumard Oak Boulevard `X Tallahassee, Florida 32399-2100 Re: Historic Preservation Review of the City of Miami Beach(99-PS 1) Comprehensive Plan Amendment Request Dear Mr. Eubanks: According to this agency's responsibilities under sections 163.3177 and 163.3178, Florida Statutes, and Chapter 9J-5, Florida Administrative Code,we have reviewed the above document to decide if data regarding historic resources have been given sufficient consideration in the request to amend the Miami Beach Comprehensive Plan. Proposed text amendments regarding school siting and collocation were reviewed to consider the potential effects of these actions on historic resources. Our cursory review suggests that the proposed changes should have no adverse effects on historic resources. In sum, it is our opinion that the amended comprehensive plan meets (although known and potential historic resources need to be carefully considered in the planning phases of proposed land use changes)the state of Florida's requirements as promulgated in sections 163.3177 and 163.3178, F.S.,and Chapter 9J-5, F.A.C., regarding the identification of known historical resources within their specified area of jurisdiction, and for the establishment of policies,goals and objectives for addressing known and potentially significant historical resources in Miami Beach. If you have any questions regarding our comments,please feel free to contact Susan M. Harp or Laura Kammerer of the Division's Compliance Review staff at(850)487-2333. Sincerely, . 6rL George W. Percy, Director Division of Historical Resources R.A.Gray Building • 500 South Bronough Street • Tallahassee,Florida 32399-0250 • http://www.flheritage.com �� 0 Director's Office Cl Archaeological Research �" storic Preservation 0 Historical Museums (850)488-1480 • FAX:488-3355 (850)487-2299 • FAX:414-2207 (850)487-2333 • FAX:922-0496 (850)438-1484 • FAX:921-2503 0 Historic Pensacola Preservation Board 0 Palm Beach Regional Office 0 St Augustine Regional Office Cl Tampa Regional Office (850)595-5985 • FAX:595-5989 (561)279-1475 • FAX:279-1476 (904)825-5045 • FAX:825-504-4 (813)272-384.3 • FAX:272-2340 South Florida Regional Planning Council MEMORANDUM AGENDA ITEM #9b DATE: JULY 12,1999 TO: COUNCIL MEMBERS FROM: STAFF SUBJECT: CITY OF MIAMI BEACH PROPOSED COMPREHENSIVE PLAN AMENDMENT REVIEW Introduction On June 24, 1999, Council staff received proposed amendment #99-PS1 to the Miami Beach Comprehensive Plan for review of consistency with the Strategic Regional Policy Plan for South Florida (SRPP). Staff review is undertaken pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Part II, Florida Statutes (F.S.), and Rules 9J-5 and 9J-11,Florida Administrative Code(F.A.C.). Community Profile Miami Beach,the 14th largest city in the state,had a population of 94,240 in 1996, and a land area of 7.23 square miles. Its population density of 13,034 people per square mile is the most dense in the state of Florida. After a decade of decline in the 1980s, Miami Beach's population is increasing at an estimated rate of less than one percent per year. The city was the site of a failed coconut plantation in the 1880s, and became a speculative real estate development after 1911 through the dredging of Biscayne Bay and the filling of mangroves on the bay side of the barrier beach. The Town of Miami Beach incorporated in 1915, and became a city in 1917. The colorful history of Miami Beach has included a parade of wealthy industrialists,athletes, and entertainers. The city's economic base is as an international tourism and entertainment destination. Miami Beach is a mature urban place exhibiting signs of vigorous reinvestment in most neighborhoods. Considered to be built out, the city has less than 100 acres of vacant land scattered throughout the city on small parcels. Much of the developed land is designated for land use densities greater than the existing development. One of the City's goals is to reduce those --- future Iand use densities to preserve historic architecture and the present quality of life. For more information about the City of Miami Beach, consult the SFRPC website at www.sfrpc.com under "related web sites', then"South Florida municipalities." Summary of Staff Analysis Proposed amendment #99-PS1 contains two text changes. The general Iocation of the City is shown in Attachment 1. 3440 Hollywood Boulevard, Suite 140, Hollywood, Florida 33021 Broward (954) 985-4416, Area Codes 305, 407 and 561 (800) 985-4416 SunCom 473-4416, FAX (954) 985-4417, SunCom FAX 473-4417 e-mail sfadmin@sfrpc corn • MIAMI-DADE COUNTY, FLORIDA 415'4 MIAMI-DAD ��' *Alt x� ',' �� nR STEPHEN P. CLARK CENTER )(/<_ I DEP T f OF PLANNING AND ZONING jHrV j 111 NWFIRI SUITE 1110 -- 28 1999 11 ) MIAMI FLORIDA 33128-1974 f J • am'i (305)375-2800 ^ i FAX(305)375-2795 RP ESP PLAN PROCESSING TEAM July 26, 1999 Mr. Ray Eubanks, Planning Manager Plan Review and DRI Processing Team Division of Community Planning Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Subject: City of Miami Beach Proposed Comprehensive Plan Amendment Regarding School Siting and Collocation (DCA Ref. #99-PS 1) Dear Mr. Eubanks: This Department has reviewed the referenced City of Miami Beach proposed comprehensive plan amendment transmitted to us by the Bureau of State of Planning on July 1, 1999. The transmittal package included text changes to the Future Land Use and Intergovernmental Coordination Elements addressing the addition of proposed policies and supporting data and analyses regarding the location of public schools and coordination with the School Board. Our review is conducted primarily to identify points of consistency or inconsistency with provisions of Miami-Dade County's Comprehensive Development Master Plan. This Department concludes that the City's proposed Comprehensive Plan amendment is generally consistent with the policies of the Miami-Dade County CDMP and would not significantly impair services provided by the County. Should you have questions regarding our comments, please contact Mark R. Woerner, Planning Section Supervisor, Planning Division, at (305) 375-2835 or(SUN) 445-2835. cerely, Olmedi lo Dir for GEO:MRW cc: Carolyn Dekle, South Florida Regional Planning Council Dean Grandin, City of Miami Beach CITY OF MIAMI BEACH NOTICE OF COMPREHENSIVE PLAN TEXT CHANGE The City of Miami Beach proposes to adopt the following ordinance: An Ordinance of the Mayor and City Commission of the City of Miami Beach, Florida,Amending the City of Miami Beach Comprehensive Plan;by Modifying Part II: Goals, Objectives and Policies; by Modifying Objective 1: Land Development Regulations, of the Future Land Use Element by Adding Policy Regarding School Siting Requirements as Required by State Statute; by Modifying Objective 2: Comprehensive Plan Coordination, of the Intergovernmental Coordination Element by Adding Policy Regarding Requirements for Coordination with the Miami-Dade County School Board as Required by State Statute; by Modifying Part I: Data and Analysis, by Modifying Chapter I,Future Land Use Element by Adding Data and Analysis Pertaining to School Capacities, Enrollment and Projections; And, Directing Transmittals of this Ordinance and All Applicable Documents to Affected Agencies; Providing for Repealer,Severability,Inclusion in the Comprehensive Plan and an Effective Date. (File#1396). PUBLIC NOTICE IS HEREBY GIVEN that a public hearing on the ordinance will be held by the City Commission on TUESDAY,SEPTEMBER 14, 1999 at 10:30 A.M. in the City Commission Chambers, Third Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida. All Persons Are Invited to Appear at this Meeting or Be Represented by an Agent, or to Express Their Views in Writing Addressed to the City Commission do the City Clerk, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. Written comments regarding the proposed ordinance are encouraged. A Copy of this Ordinance,and All Documents Related Thereto Are Available for Public Inspection During Normal Business Hours in the City Clerk's Office. Inquiries May Be Directed to the Planning Department at(305) 673-7550. The above item may be continued at this meeting and, under such circumstances, additional legal notice would not be provided. Any person may contact the City Clerk at(305) 673-7411 for information as to the status of this item as a result of the meeting. Pursuant to Section 286.0105,Fla. Stat.,the City hereby advises the public that: if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person must insure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In Accordance with the Americans with Disabilities Act of 1990, Persons Needing Special Accommodation to Participate in this Proceeding Should Contact the City Clerk's Office No Later than Four Days Prior to the Proceeding. Telephone (305) 673-7411 for Assistance; If Hearing Impaired,Telephone the Florida Relay Service Numbers,(800)955-8771 (TDD)or (800)955-8770 (Voice), for Assistance. 91-32c CITY OF MIAMI BEACH e_Fa 1700 Convention Center Drive,Miami Beach,Florida 33139 http:\\ci.miami-beach.fl.us Planning Department Telephone(305)673-7550 Facsimile 673-7559 May 15, 2000 Mr. Ray Eubanks, Planning Manager Plan Processing Team Bureau of State Planning Division of Resource Planning and Management State of Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 SUBJECT: Submittal of Proposed Miami Beach Comprehensive Plan Amendment Regarding School Siting and Collocation Dear Mr. Eubanks: The City of Miami Beach has adopted the enclosed Proposed Amendment to the Miami Beach Comprehensive Plan regarding School Siting and Collocation, reviewed by the Department of Community Affairs (DCA) under the number DCA No. 99-PS 1. This amendment is being submitted to DCA in fulfillment of the requirements of section 163.3177(6)(a)F.S. As per that statute,this amendment is exempt from the twice per calendar year limitation on comprehensive plan amendments. ,We are requesting that this amendment be reviewed separately from other amendments submitted by the City, as per the statutory exemption. Pursuant to the requirements of Sections 163.3184 and 163.3187 of the Florida Statutes,and Rule 9J-11.011 of the Florida Administrative Code, I am pleased to provide you with three (3) copies of this amendment. Enclosed are three copies each of the following: (a) A response to the checklist provided by the Department of Community Affairs pursuant to Rule 9J-11.006, F.A.C. (Attachment A); (b) A copy of support documents on which the amendment is based (Attachment B); (c) A copy of Comprehensive Plan Text Amendment Ordinance as adopted, (Attachment C); (d) Copies of the DCA ORC Report, and the letter from DCA finding the City's Evaluation and Appraisal Report (EAR) sufficient (Attachment D); and o� • 1�' Mr. Ray Eubanks May 15, 2000 Page 2 (e) Copies of the cover letters (Attachment E) transmitting the above mentioned documents to: Executive Director, South Florida Regional Planning Council; District Director for Planning and Programming, District Six, Florida Department of Transportation (FDOT); Executive Director, South Florida Water Management District (SFWMD); Florida Department of Environmental Protection; Director of Historic Resources, Department of State; and, Director of Planning, Development and Regulation, Miami-Dade County. Please publish the required Notice of Intent pursuant to Subsection 163.3184(8)(b), F. S. in the Miami Herald newspaper, which meets the size and circulation requirements of Subsection 163.3184(15)(c), F. S. - If you have any questions or require clarification or any of the enclosed documents,you may contact Mr. Richard Lorber of my staff at(305) 673-7550, extension 6121. Sincerely, rJorie Co ene z_ Jorge G. Gomez, Planning and Zoning Director Attachments JGG\RGL\rgl cc: Richard G. Lorber, AICP, Principal Planner Robert Parcher, City Clerk ✓ ATTACHMENT A PLAN AMENDMENT - CHECKLIST Submittal Requirements: 9J 11.006;F.A.C. Amendment to Comprehensive Plan - School Siting and Collocation 1. The proposed Comprehensive Plan amendment("Plan Amendment")was approved by the City Commission on first reading on June 23, 1999 for transmittal to the Department of Community Affairs ("DCA"), and was adopted by the City on September 17, 1999. The proposed amendment was recommended for approval by the Local Planning Agency(i.e., the Planning Board) on May 25, 1999. 2. This plan amendment is exempt from the twice per calendar year limitation on comprehensive plan amendments, as per the provisions of section 163.3177(6)(a). An amendment proposed by a local government for purposes of identifying the land use categories in which public schools are an allowable use is exempt from the limitation on the frequency of plan amendments contained in section 163.3187. 3. This Plan Amendment is not in an area of critical state concern. 4. This Plan Amendment does not apply to the Wekiva River Protection Area pursuant to Chapter 369, Part III, Florida Statutes. 5. This Plan Amendment is not proposed to be adopted under a joint planning agreement pursuant to Section 1634.3171, Florida Statutes. 6. The local contact person is: Jorge G. Gomez, Planning Director, olc Richard G. Lorber, AICP, Principal Planner City of Miami Beach, Planning Department 1700 Convention Center Drive, Second Floor Miami Beach, Florida 33139 Telephone (305) 673-7550, Facsimile: (305) 673-7559 7. This Plan Amendment amends the text of the City's Comprehensive Plan by specifying that public educational facilities are a permitted use in all land use categories, by specifying the City shall continue to coordinate with the Miami-Dade Public Schools on issues of school siting and collocation of facilities,and by adding to the data and analysis section data on school capacity and utilization. 8. On July 8, 1998,the City submitted its Evaluation and Appraisal Report(EAR)to DCA; it was issued a finding of sufficiency by DCA on May 12, 2000. F:,P AMSPLWAIAY\199619NI99.ASCII0OLSSEUBANKS2.ATT CITY OF MIAMI BEACH 1700 Convention Center Drive,Miami Beach,Florida 33139 http:\\ci.miami-beach.fl.us Planning Department ATTACHMENT E Telephone(305)673-7550 Facsimile 673-7559 May 15, 2000 Ms. Carolyn Dekle, Executive Director South Florida Regional Planning Council 3440 Hollywood Boulevard, Suite 140 Hollywood, Florida 33021 SUBJECT: Submittal of Proposed Miami Beach Comprehensive Plan Amendment School Siting and Collocation Dear Ms. Dekle: Attached is a copy of: (a) A response to the checklist provided by the Department of Community Affairs pursuant to Rule 9J-11.006, F.A.C. (Attachment A); (b) A copy of support documents on which the amendment is based (Attachment B); (c) A copy of the Comprehensive Plan Text Amendment Ordinance as adopted, (Attachment C); (d) Copies of the DCA ORC Report, and the letter from DCA finding the City's Evaluation and Appraisal Report(EAR) sufficient (Attachment D) If you have any questions or require clarification or any of the enclosed documents,you may contact Mr. Richard Lorber, AICP of my staff at(305) 673-7550, extension 6121. Sincerely, r r�e &rile L Jorge G. Gomez, Planning and Zoning Director Attachments JGG\RGL\rgl CITY OF MIAMI BEACH 1700 Convention Center Drive,Miami Beach,Florida 33139 http:\\ci.miami-beach.fl.us • Planning Department Telephone(305)673-7550 Facsimile 673-7559 May 15, 2000 Mr. Gary L. Donn, Director of Planning & Programs Florida Department of Transportation, District 6 602 South Miami Avenue Miami, Florida 33130 SUBJECT: Submittal of Proposed Miami Beach Comprehensive Plan Amendment School Siting and Collocation Dear Mr. Donn: Attached is a copy of: (a) A response to the checklist provided by the Department of Community Affairs pursuant to Rule 9J-11.006, F.A.C. (Attachment A); (b) A copy of support documents on which the amendment is based(Attachment B); (c) A copy of the Comprehensive Plan Text Amendment Ordinance as adopted, (Attachment C); (d) Copies of the DCA ORC Report, and the letter from DCA finding the City's Evaluation and Appraisal Report(EAR) sufficient(Attachment D) If you have any questions or require clarification or any of the enclosed documents,you may contact Mr. Richard Lorber, AICP of my staff at (305) 673-7550, extension 6121. Sincerely, / 9 fo Joreco,iez Jorge G. Gomez, Planning and Zoning Director Attachments JGG\RGL\rgl CITY OF MIAMI BEACH 1700 Convention Center Drive,Miami Beach, Florida 33139 http:1\ci.mia mi-beach.fl.us Planning Department Telephone(305)673-7550 Facsimile 673-7559 May 15, 2000 Mr. John Higgins, Senior Planner South Florida Water Management District Post Office Box 24680 3301 Gun Club Road West Palm Beach, Florida 33416-4680 SUBJECT: Submittal of Proposed Miami Beach Comprehensive Plan Amendment School Siting and Collocation Dear Mr. Higgins: Attached is a copy of: (a) A response to the checklist provided by the Department of Community Affairs pursuant to Rule 9J-11.006, F.A.C. (Attachment A); (b) A copy of support documents on which the amendment is based (Attachment B); (c) A copy of the Comprehensive Plan Text Amendment Ordinance as adopted, (Attachment C); (d) Copies of the DCA ORC Report, and the letter from DCA finding the City's Evaluation and Appraisal Report(EAR) sufficient(Attachment D) If you have any questions or require clarification or any of the enclosed documents,you may contact Mr. Richard Lorber, AICP of my staff at(305) 673-7550, extension 6121. Sincerely, g,- To-r.ye 60,4,a z_ Jorge G. Gomez, Planning and Zoning Director Attachments JGG\RGL\rgl CITY OF MIAMI BEACH r-C/ 1700 Convention Center Drive,Miami Beach,Florida 33139 http:\\ci.miami-beach.fl.us Planning Department Telephone(305)673-7550 Facsimile 673-7559 May 15, 2000 Mr. Robert Hall, Environmental Specialist Office of Intergovernmental Programs Florida Department of Environmental Protection 3900 Commonwealth Boulevard, Mail Station 47 Tallahassee, Florida 32399-3000 SUBJECT: Submittal of Proposed Miami Beach Comprehensive Plan Amendment School Siting and Collocation Dear Mr. Hall: Attached is a copy of: (a) A response to the checklist provided by the Department of Community Affairs pursuant to Rule 9J-11.006, F.A.C. (Attachment A); (b) A copy of support documents on which the amendment is based (Attachment B); (c) A copy of the Comprehensive Plan Text Amendment Ordinance as adopted, (Attachment C); (d) Copies of the DCA ORC Report, and the letter from DCA finding the City's Evaluation and Appraisal Report (EAR) sufficient(Attachment D) If you have any questions or require clarification or any of the enclosed documents,you may contact Mr. Richard Lorber, AICP of my staff at(305) 673-7550, extension 6121. Sincerely, 0,1;1414_ cr Jot:9e Gomez Jorge G. Gomez, Planning and Zoning Director Attachments JGG\RGL\rgl CITY OF MIAMI BEACH 1700 Convention Center Drive,Miami Beach,Florida 33139 http:\\ci.miami-beach.fl.us Planning Department Telephone(305)673-7550 Facsimile 673-7559 May 15, 2000 Mr. George W. Percy, Director Division of Historic Resources Department of State 500 South Bronough Street Tallahassee, Florida 32399-0250 SUBJECT: Submittal of Proposed Miami Beach Comprehensive Plan Amendment School Siting and Collocation Dear Mr. Percy: Attached is a copy of: (a) A response to the checklist provided by the Department of Community Affairs pursuant to Rule 9J-11.006, F.A.C. (Attachment A); (b) A copy of support documents on which the amendment is based(Attachment B); (c) A copy of the Comprehensive Plan Text Amendment Ordinance as adopted, (Attachment C); (d) Copies of the DCA ORC Report, and the letter from DCA finding the City's Evaluation and Appraisal Report (EAR) sufficient(Attachment D) If you have any questions or require clarification or any of the enclosed documents,you may contact Mr. Richard Lorber, AICP of my staff at(305) 673-7550, extension 6121. Sincerely, Jorge G. Gomez, Planning and Zoning Director Attachments JGG\RGL\rgl CITY OF MIAMI BEACH ell la 1700 Convention Center Drive, Miami Beach,Florida 33139 http:\\ci.mia mi-beach.fl.us Planning Department Telephone(305)673-7550 Facsimile 673-7559 May 15, 2000 Mr. Guillermo Olmedillo, Director Department of Planning and Zoning Metropolitan Dade County 111 N.W. 1st Street, Suite 1110 Miami, Florida 33128-1974 SUBJECT: Submittal of Proposed Miami Beach Comprehensive Plan Amendment School Siting and Collocation Dear Mr. Olmedillo: Attached is a copy of: (a) A response to the checklist provided by the Department of Community Affairs pursuant to Rule 9J-11.006, F.A.C. (Attachment A); (b) A copy of support documents on which the amendment is based(Attachment B); (c) A copy of the Comprehensive Plan Text Amendment Ordinance as adopted, (Attachment C); (d) Copies of the DCA ORC Report, and the letter from DCA finding the City's Evaluation and Appraisal Report(EAR) sufficient (Attachment D) Please forward to Robert Usherson, Chief of Metropolitan Planning Section. If you have any questions or require clarification or any of the enclosed documents,you may contact Mr. Richard Lorber, AICP of my staff at(305) 673-7550, extension 6121. Sincerely, i i Fer Tie rytt Z Jorge G. Gomez, Planning and Zoning Director Attachments JGG\RGL\rgl CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139 http:\\ci.miami-beach.fl.us COMMISSION MEMORANDUM NO. 4,344_99 TO: 344- TO: Mayor Neisen O. Kasdin and DATE:September 14,1999 Members of the City C. mission FROM: Sergio Rodriguez City Manager / SUBJECT: Second'Re•ding Public Hearing - An Ordinance of the Mayor and City Commission of the City of Miami Beach,Florida,Amending the City of Miami Beach Comprehensive Plan; by Modifying Part II: Goals, Objectives and Policies; by Modifying Objective 1: Land Development Regulations, of the Future Land Use Element by Adding Policy Regarding School Siting Requirements as Required by State Statute; by Modifying Objective 2: Comprehensive Plan Coordination of the Intergovernmental Coordination Element by Adding Policy Regarding Requirements for Coordination with the Miami-Dade County School Board as Required by State Statute;by Modifying Part I: Data and Analysis,by Modifying Chapter I,Future Land Use Element by Adding Data and Analysis Pertaining to School Capacities,Enrollment and Projections; And,Directing Transmittals of this Ordinance and All Applicable Documents to Affected Agencies; Providing for Repealer, Severability, Inclusion in the Comprehensive Plan and an Effective Date. RECOMMENDATION The Administration recommends that the City Commission, upon second reading public hearing, adopt the proposed amending Ordinance. BACKGROUND The consideration of a text amendment to the City of Miami Beach Comprehensive Plan adding language to the text of the Comprehensive Plan regarding school siting and coordination with the Miami-Dade Public Schools(School Board)is requested by the Administration in response to the need to comply with new statutory requirements. In 1998 the Florida Legislature amended section 163.3177(6)(a), Florida Statutes,to require local governments to include school location criteria in their respective comprehensive plans. The criteria are to encourage the location of schools near urban areas and to collocate them with parks, libraries and community centers to the extent possible. Local governments are required to revise their land use elements by October 1, 1999 to incorporate these criteria and designate the land use categories where public schools are an allowable use in their communities. AGENDA ITEM S. b DATE 9-i Lt-99 The legislation states that any local government that fails to incorporate school location and collocation criteria by the October 1, 1999 deadline will be prohibited from amending their comprehensive plan as provided by section 163.3187(6), F.S. Because of the significance of this prohibition,it is vital that the City adopt the subject amendment with the greatest possible urgency. This ordinance was recommended for approval by the Planning Board on May 25, 1999, and was approved on first reading at the June 23, 1999 City Commission meeting. The proposed amendment was forwarded to the Department of Community Affairs (DCA) for its review and is now presented for adoption by the City Commission in accordance with S. 163.3184 of the Florida Statutes (See Attachment "A"). ANALYSIS Future Land Use Element- Objective 1: Land Development Regulations This portion of the proposed amendment will add a policy to the text of the Comprehensive Plan stating that Public Educational Facilities are an allowable use in all future land use categories. Currently,the text of this section of the Comprehensive Plan detailing each future land category's permitted uses neither prohibits nor specifically affirms that schools are permitted in any land use category. As per the recent State Statutory requirements, the City must add language that specifically affirms future land use categories within which public schools are a permitted use. For the City of Miami Beach,complying with the requirements of the Statute becomes somewhat of a technicality,because once any property is purchased by the School Board for use as a public school,it automatically becomes zoned GU Government Use,and schools are a main permitted use within this zoning district classification. Therefore, the proposed comprehensive plan policy simply affirms that public schools are permitted in all land use categories. Note that the policy only applies to public educational facilities; private schools would continue to require Conditional Use approval by the Planning Board for most zoning district categories. Intergovernmental Coordination Element-Objective 2: Comprehensive Plan Coordination This portion of the proposed amendment will add a policy to the text of the Comprehensive Plan stating that during pre-development program planning and site selection activities,the City shall coordinate with the Miami-Dade Public Schools,and continue to seek,where feasible and mutually acceptable,to collocate schools with other public facilities,such as parks,libraries,and community centers to the extent possible. Once again,policies of this nature are now a requirement of the new State Statute. It should be noted that the City has always been involved in coordinating with the School Board regarding possible sites for new or expanding public school facilities. Adding language of this nature simply affirms the City's policy in this regard. Future Land Use Element-Data and Analysis This portion of the proposed amendment will add current data regarding public school enrollment and utilization and capacity to the Data and Analysis section of the Comprehensive Plan. The addition of data of this nature to the appropriate section of the Comprehensive Plan is also a • requirement of the new State Statute. CONCLUSION Based on the foregoing analysis, it is recommended that the Commission adopt, upon second reading public hearing, the proposed ordinance amending the text of the Future Land Use and Intergovernmental Coordination Elements of the City of Miami Beach Comprehensive Plan, as it will satisfy State requirements and affirm the City's policies regarding the location of public schools and coordination with the School Board. SR\JAG\ JG\R L\rg1 T:\AGENDA\1999\SEP 1499\REGULAR\1396CMM2.WPD • • N oo .•0 M •C 01 U 1.4 O — O z a. O o O g U C7 fl o