97-22596 RESO
RESOLUTION NO. 97-22596
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI B.~ACH, FLORIDA, REQUIRING THAT WHEN A
PROPOSED DEVELOPMENT WILL RESULT IN A REDUCTION IN THE
LEVEL OF SERVICE BELOW THE ADOPTED LEVEL OF SERVICE FOR
ANY ADOPTED COMPONENT OF THE CITY'S YEAR 2000
COMPREHENSIVE PLAN, ANY MITIGATION PLAN OR PROGRAM
REQUIRED BY THE CITY SHALL BE REPORTED TO THE CITY
COMMISSION PRIOR TO APPROVAL.
WHEREAS, pursuant to the concurrency management provisions of Section 163.3180,
Florida Statutes and Rule 9J5.0055 of the Florida Administrative Code, the City has adopted level
of service standards for roads, sanitary sewer, solid waste, drainage, potable water, recreational
facilities, recreation open space, and mass transit; and
WHEREAS, pursuant to the Florida Statutes and the Florida Administrative Code, the
concurrency management system adopted by the City insures that the issuance of development
orders or permits is conditioned upon the availability of public facilities and services necessary to
serve new development and that the City will provide programs insuring that development orders
and permits are issued in a manner that will not result in a reduction of the level of service below the
adopted level of service standards for the effected facility; and
WHEREAS, the City Commission deems it advisable that any program which would serve
to mitigate the impact of any development order or permit which would result in any reduction in
any level of service be reported to the City Commission prior to approval.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA any program of mitigation to
establish concurrency under the Florida Statutes and Florida Administrative Code with regard to
level of service standards shall be reported to the City Commission prior to approval.
PASSED and ADOPTED this 19th day of Noveml;;')IiA.
l~ p ~ MAYOR t!ifl4-
CITY CLERK
,1997.
APPRovED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\cLmiami-beach.f1.us
COMMISSION MEMORANDUM NO. I 05-Ql ~~
TO:
Honorable Mayor and
Members of the City Commission
Jose GarCia-pedro.s.l~./J
City Manager 'jiJ ,
Reporting RetJremenls for Mitigation Plans
DATE: November 19,1997
FROM:
SUBJECT:
RECOMMENDATION
Adopt the Resolution.
BACKGROUND
This Resolution has been brought forth to the City Commission for consideration, pursuant to
Commissioner Nancy Liebman's request. The matter was originally scheduled to be heard on
October 21, 1997 by the Commission, but not reached at that meeting.
On October 8, the City Commission discussed numerous concerns regarding increased traffic
congestion in our community; the regulation of private development proj ects relative to concurrency;
and the disruption due to capital improvement projects that impact our roadways.
The Florida Growth Management Act of 1985 (as amended) states that it is the intent of the
Legislature that "public facilities and services needed to support development be available
concurrent with impacts of development". That act describes a process and provides conditions for
the approval of applications for developments. All local governments are required to establish that
a development approval or permit will not cause public services 0 be degraded below the locally
adopted level of service ( LOS) standards. The LOS standards are prescribed in the Comprehensive
Plan for the City of Miami Beach.
The City's approval process for all proposed development requires that all services meet concurrency
. as a condition to the building permit. All proposed development projects are required to submit a
concurrency evaluation report indicating its impact on the City's services. Any impact causing a
degradation to the adopted LOS or operating capacity may result in the need for "mitigation".. As
such, the issuance of development permits or orders by the City is conditioned upon a "mitigation
plan" by the proposed development to reduce and or remove those impacts.
CONCLUSION
Commissioner Liebman's proposed resolution provides that the Administration report to the City
Commission any "mitigation plan" for a project impacting the LOS below the adopted standards and
the Administration has concluded that such a requirement is
approRt;.l~ ~
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