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RESOLUTION 90-20089 RESOLUTION NO. 90-20089 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CALLING A PUBLIC HEARING TO CONSIDER A RECOMMENDATION OF THE PLANNING BOARD TO AMEND ORDINANCE NO. 89-2665, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, BY ADDITION OF DEFINITIONS PERTAINING TO CONSISTENCY AND CONCURRENCY REQUIREMENTS SET FORTH IN CHAPTER 163, PART II, FLORIDA STATUTES AND RULE 9J-5, FLORIDA ADMINISTRATIVE CODE, BY THE ADDITION OF A NEW SECTION ENTITLED, "CONSISTENCY AND CONCURRENCY DETERMINATIONS" BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, THAT, WHEREAS, the Planning Board of the City of Miami Beach held a public hearing on August 28 , 1990 and unanimously recommended the adoption of an ordinance pertaining to consistency and concurrency requirements as set forth in Chapter 163 , Part II, Florida Statutes and Rule 9J-5, Florida Administrative Code; and WHEREAS, said action of the Planning Board has been duly transmitted to the City Commission pursuant to Section 14 , entitled "Changes and Amendments" of Zoning Ordinance No. 89-2665. NOW, THEREFORE, BE IT DULY RESOLVED THAT THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a public hearing for consideration of the aforementioned amendments to the Zoning Ordinance is hereby called to be held before the City Commission in its chambers on the Third Floor of City Hall, 1700 Convention Center Drive, Miami Beach, Florida, beginning at 11:20 A.M. on October 3, 1990 ; and the City Clerk is hereby authorized and directed to publish appropriate Public Notice of said Public Hearing to be published in a newspaper of general circulation of the City of Miami Beach, at which time and place all interested parties will be heard. PASSED and ADOPTED this 5th day of September, 1990. 4011fr ifYiR ATTEST: A FORM APPROVED rt LEA r RTIVIENT CITY CLERKV• 1 • JK\SRP\hp a: zo22reso 6.0 /44 o eac ==M�eF ,,, FLORIDA 3 3 1 3 9 14, :INCOR' ORATED) 66VACA TIONLANI) U. S. A. o. •I OFFICE OF THE CITY MANAGER CITY HALL ROB W.PARKINS 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673-7010 COMMISSION MEMORANDUM NO. )741O DATE: September 5, 1990 TO: Mayor Alex Dao : and Members of t. - City Commi- i. FROM: Rob • W. Park'I S Op City Manager SU BJ ECT: RESOLUTION CALLING A PUBLIC HEARING TO CONSIDER A PLANNING BOARD RECOMMENDATION TO AMEND ZONING ORDINANCE 89-2665 BY THE ADDITION OF DEFINITIONS PERTAINING TO CONSISTENCY • AND CONCURRENCY REQUIREMENTS SET FORTH IN CHAPTER 163, PART II, FLORIDIA STATUTES AND RULE 9J-5, FLORIDA ADMINISTRATIVE CODE, BY THE ADDITION OF A NEW SECTION ENTITLED, "CONSISTENCY AND CONCURRENCY DETERMINATIONS" PLANNING BOARD RECOMMENDATION On August 28, 1990, the Planning Board held a public hearing and voted unanimously (6-0) to recommend the adoption of the Consistency/Concurrency Ordinance. BACKGROUND In September, 1989, the City adopted the Year 2000 Comprehensive Plan (Ordinance 89-2664), which sets forth future land use requirements and adopted levels of service for infrastructure. The State law also mandates that the City adopt land development regulations which implement the Comprehensive Plan. The required land development regulations include Zoning Ordinance 89-2665 and any other regulations controlling the development of land. As part of the land development regulations, the State statute and administrative rules require that the City adopt a "Concurrency Management System". Additionally, the City will receive a $75,000 grant from the State Department of Community Affairs upon adoption of this Ordinance. The deadline for submitting the adopted Ordinance to the State is November 30, 1990. What is Concurrency and how does it work? Simply stated, concurrency means that when a development action (such as a condominium, office building, shopping center) is permitted, the needed infrastructure (roads, water, sewer, sufficient parks, etc.) must already be in place or at least be funded and scheduled for, construction. Rule 9J-5.0055, FAC explains how the City must ensure that adequate infrastructure exists: To ensure that facilities and services needed to support development are available concurrent with the impacts of such development, a local government must adopt a concurrency management system. Prior to the issuance of a development order and development permit, the concurrency management system must ensure that the adopted level of service standards required for roads, potable water, sanitary sewer, solid waste, drainage, parks and recreation, and mass transit, if applicable, will be maintained. The Florida Department of Community Affairs has provided a Model Land Development Code to assist us in preparing both the Zoning Ordinance and the Concurrency Management System. The attached ordinance is generally drafted in the format prescribed in the State's Model Code. 103 AGENDA ITEM DATE s go THE PROPOSED ORDINANCE The attached Ordinance is a copy of the proposed amended Sections of the Zoning Ordinance. The shaded portions are to be added to the existing Ordinance. Below is a brief description of each of the proposed additions. 1. Section 3-2 Definitions: The following terms were defined: availability or available, concurrency, concurrency management system, consistency, currently available revenue sources, land development regulations, level of service, and public facilities and services. 2. Section 22 Consistency and Concurrency Determinations a. 22-1: Describes purpose of the Section. b. 22-2: Requires that all future development be consistent with the Comprehensive Plan. Development will be considered to be consistent if it meets the requirements of the zoning ordinance without a variance or conditional use and it meets the concurrency requirements set forth in Section 22-3. In the cases of variances and conditional uses, an individual determination will be made by the P/Z Director. c. 22-3: Describes the requirements of the Concurrency Management System. Substantial rehabilitation with no increase in floor area or number of units and minor construction projects are automatically pre-approved for concurrency. Describes the timing for concurrency determinations - at the Design Review stage or at the building permit stage for those projects which do not undergo Design Review. Requires that any appeals from a concurrency determination be to a court of competent jurisdiction. Allows degrading of public facilities during construction if upon completion the required levels of service will be met. Describes the process for determining available capacity of public facilities. Provides the methods to maintain adopted levels of service. Requires the developer to show compliance with levels of service. Requires the P/Z Department to prepare an annual report on the concurrency management system. d. 22-4: Repeats the levels of service for the City's public facilities which have already been adopted in the Comprehensive Plan (Ordinance 89-2664). ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission adopt a resolution calling a public hearing on October 3, 1990. RWP/DJG/SRP/hp a:zo22ccmem • • -C4 ORIGINAL RESOLUTION NO. 90-20089 Calling a Public Hearing to consider a recommendation of the Planning Board to amend Ordinance No. 89-2665, the same being the comprehensive Zoning Ordinance, by addition of definitions pertaining to consistency and concurrency requirements set forth in Chapter 163, Part II, Florida Statutes and Rule 9J-5, Florida Administrative Code, by the additions of a new Section entitled, "Consistency and Concurrency Determinations".