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97-22471 RESO RESOLUTION NO. 97-22471 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE SCOPE OF SERVICES FOR A CITYWIDE CONCURRENCY MANAGEMENT SYSTEM FOR MIAMI BEACH; AND AUTHORIZING THE ISSUANCE OF REQUESTS FOR PROPOSALS FOR THE DEVELOPMENT OF THE SYSTEM, AT A COST NOT TO EXCEED $60,000.00, TO BE FUNDED BY THE 1996-97 PROFESSIONAL SERVICES ACCOUNT OF THE DEVELOPMENT, DESIGN AND HISTORIC PRESERVATION SERVICES DEPARTMENT BUDGET. WHEREAS, the administrative process for monitoring real estate development and changes in land use to ensure that adequate facilities and services are in place, or will be in place, is known as Concurrency Management; and WHEREAS, the City has relied on data and information provided by various governmental agencies and private consultants to achieve the intent of the State Statutes and the Florida Administrative Code; and WHEREAS, the City has concluded that a data-specific, locally-implemented Concurrency Management System (CMS) is essential in order to provide the substantive information which would considerably improve the quality of the planning and growth management efforts within Miami Beach; and WHEREAS, the City's Planning Department has prepared the attached Scope of Services and the City wishes to issue requests for proposals for the development of a Concurrency Management System for Miami Beach; and WHEREAS, funds are available in the 1996-97 Professional Services Account. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission approve the attached Scope of Services for a Citywide Concurrency Management System for Miami Beach; and authorize the issuance of requests for proposals for the development of the System, at a cost not to exceed $60,000.00, to be funded by the 1996-97 Professional Services Account of the Development, Design and Historic Preservation Services Department Budget. PASSED AND ADOPTED this 16th day of July , 1997. ATTEST: \( 0 ~ d- f OA-ck-- CITY CLERK aJ APPROVED AS TO FORM & lANGUAGE & FOR exECUTION 1t.~ 7/PIA" tty Attorney ~ SECTION I - REQUEST FOR PROPOSAL OVERVIEW AND PROPOSAL PROCEDURES: A. INTRODUCTIONIBACKGROUND The Florida Growth Management Act of 1985, under Sub-section 163.3177(IO)(h) of the Florida Statutes, states that "it is the intent of the Legislature that public facilities and services needed to support development be available concurrent with the impacts of development". That Act, together with subsequent amendments to the Statute by the Florida Legislature, and subsequent rules promulgated by the Florida Department of Community Affairs, provide conditions for the approval of applications affecting proposed changes in the land use or the approval of proposed land development. Thus, municipalities are required to establish that a development approval or permit will not cause public services to be degraded below the locally adopted level-of-service standards. These level-of- service standards are prescribed in the Comprehensive Plan for the City of Miami Beach, and consist of roads, potable water, sanitary sewer, solid waste, drainage, recreation, and mass transit, as applicable. The administrative process for monitoring development and changes in land use to ensure that adequate facilities and services are in place or will be in place is known as the Concurrency Management. Until now, the City of Miami Beach has relied on information provided by various governmental agencies and private consultants to achieve the intent of the Legislature. However, the City has concluded that a central, internal administrative system would be more efficient and provide more substantive information for planning and growth management within the City. In view of the foregoing, the City seeks to publish this Request For Proposals (RFP) for professional consultants to develop a Concurrency Management System, along with technical service to implement such a system in order to achieve this goal. 1. OBJECTIVES The objectives of the development of the Concurrency Management System (CMS) for the City of Miami Beach should be developed consistent with Section 163, F.S., and Rule 9J-5, F.A.C., and will be as follows: 1.1 To develop a citywide Concurrency Management System (CMS) to assess effectively the existing and anticipated level-of-services for those public services and facilities potentially affected by all proposed developments. RFP NO.: DATE: XXX-XX/XX XXIXX/XX CITY OF MIAMI BEACH 1 1.2 To produce a CMS that provides guidelines and standards for the review of proposed development and changes-in-Iand-use applications. These guidelines and standards should be applied in determining whether an application is to be tested under the Concurrency Management System. 1.3 To develop a CMS that projects the impact of developments or changes in land-use, for which densities and intensities ofthe proposed project are known, assess the demand that will be created by those projects, and determine whether adequate public services and facilities are available to serve the proposed project without violating the City's level-of-service standards. 1.4 To develop a CMS that provides the public, applicant and City with information statements which identify the capacity of the municipal services infrastructure for which level-of- services standards have been adopted, and the existing and committed demand on that infrastructure relative to a land of interest. 1.5 To produce a CMS that includes a procedure for assessing fees for the administration of the System. 1.6 To develop a CMS that is adaptable to changes as a direct result of or consequential to changes in the City's Comprehensive Plan and Zoning Ordinances, including being adaptable to changes in the Comprehensive Plan that will result from the future implementation of the City of Miami Beach Municipal Mobility Plan. 1.7 To produce a CMS that will be able to analyze, monitor, and track for concurrency, which utilizes a "user-friendly" computerized system that can be operated and maintained by existing City staff. 1.8 To develop a CMS that will provide useful information on the municipal services infrastructure to assist in developing long-range planning and strategic planning policies. 1.9 To produce a CMS that provides a technical and legal appeal process by which applicants may seek administrative remedies. 1.10 To produce a program for developing the CMS that includes a realistic plan and schedule for development and implementation. 1.11 To develop a CMS that provides a basis for equitable distribution of municipal services throughout the City. SECTION II - SCOPE OF SERVICES CONCURRENCY MANAGEMENT SYSTEM FOR THE CITY OF MIAMI BEACH 1. PROJECT APPROACH The method to be employed in assessing development applications for concurrency and the monitoring and management of public services and facilities will require the use of computer program, developed in a spreadsheet format. It is desired that the Concurrency Management System for Miami Beach be similar to the systems already developed and currently used by the Cities of Coral Gables and Hialeah, Florida. The projection of public services demands that will be generated by a proposed project should use generally accepted generation projection rates, based on number of residential units, square footage, number of parking spaces, etc., to project the demand that will be created by the proposed development or proposed change-in-use. The Concurrency Management System should project the demand that the proposed project would have on public services and facilities and make a determination as to whether or not there is adequate capacity to service the proposed project without violating the adopted level-of-service standards. The program analysis is to include the following output: A. Projected Project Demand B. Base Capacity C. Total Committed Capacity D. Public Services or Facilities That Have Inadequate Capacity to Serve the Project The applicant for a development project would be charged a Concurrency Review Fee, as a proportionate share of the cost for administering the Concurrency Management System, and would be provided with a Concurrency Impact Statement identifying (A) through (D), above. An applicant whose proposed project based on the above analysis would create a demand that would cause a violation of the City's level-of-service standards would be given the following options: A. Provide a more detailed site-specific study, using the same Concurrency Management System methodology, that will show, upon further analysis, that the project will be concurrent. B. Appeal the Concurrency determination through a prescribed Concurrency Management System appeals procedure. RFP NO.: DATE: XXX-XX/XX XXIXX!XX CITY OF MIAMI BEACH 8 C. Contribute sufficient funds to the City or County or State, as appropriate, to construct the necessary public service of facility improvements. D. Enter into an enforceable development agreement with the City such that all necessary public service or facility improvements will be in place concurrently with the demand created by the project. E. Reduce the density and intensity of the project such that the project does not exceed the locally adopted level-of-service standards. F. Withdraw the application for the project. Note: Rule 9J-5 contains several specific criteria relating to the definition of "concurrent", such as timeframes in which a project may be considered to be "concurrent". These criteria are included by reference. The Concurrency Management System should automatically reserve capacity committed to the development on a temporary basis, identify projects in which there has not been a conscientious effort to proceed with the construction of said projects, allow for the withdraw of a committed capacity when a conscientious effort has not been made to construct a project, and redistribute this capacity to other subsequent applications and to the available capacity of the system. The Concurrency Management System should also automatically track the progress of each development project and contain provisions for modifying applications, expiring applications, extending the temporary reservation of capacity, and converting the reservation of capacity to a permanent status upon completion of the project. 2. END PRODUCT The result of the development of the Concurrency Management System will be a system that ensures compliance with the City's adopted levels-of-service for public facilities and services as prescribed in the Miami Beach Comprehensive Plan and meets the objectives of the Concurrency Management System as they are stated within the Request For Proposals. The System will be adaptable in response to changes to the Comprehensive Plan which may be made from time to time, and as a result of the City's future Municipal Mobility Plan. The Concurrency Management System will ensure that the adopted levels-of-service standards are maintained using the three primary criteria: RFP NO.: DATE: XXX-XX/XX XXIXX/XX CITY OF MIAMI BEACH 9 A. The necessary facilities or services are in place at the time a building or development permit is issued; or B. The necessary facilities and services will be in place or under construction consistent with the timeframes established under Rule 9J-5, F.A.C.; or C. The necessary facilities or services are guaranteed under an enforceable agreement consistent with Section 163.3220, F.S., Chapter 380, F.S. and Rule 9J-5, F.A.C. 3. POLICY RECOMMENDATIONS Policy recommendations shall be identified for inclusion in the Concurrency Management System, for City Commission consideration. 4. THE CONSULTING TEAM All candidate respondents are required to propose a Consulting Team for this study, composed of site planners, transportation planners, land-use planners, environmental planners, traffic engineers and other such professionals with extensive experience in concurrency and growth management laws and policies, as applied to residential communities, historic urban areas, resort/tourism environments, and "livable community" initiatives. The Consulting Team should be familiar with the State Statute and Rules of the Department of Community Affairs. The Consulting Team should be able to provide technical assistance to the City by development of the administrative procedures and implementation systems for the efficient and equitable review of applications for changes in land use or land development. The Consulting Team will be required to undertake the tasks described immediately below. 5. T ASKS/END PRODUCTS A. Review and familiarization with the City of Miami Beach's current development project review and permit procedures (except single-family building permits). B. Determine the appropriate City department or office to receive the Concurrency applications and administer the Concurrency Management System. C. Determine which City departments or State or County agencies should assist in the review process. RFP NO.: DATE: XXX-XX/XX XX/XXIXX CITY OF MIAMI BEACH 10 D. Determine which types of development permits should undergo preliminary and final Concurrency review. E. Develop acceptable Concurrency application forms, which are readily reproducible. F. Create baseline data for all service areas. G. Analyze the facilities and level-of service standards prescribed in the Miami Beach Comprehensive Plan and make recommendations for amendments, as appropriate. H. Assess the local roadway segments and identify location for "traffic count stations" to perform traffic counts and provide findings. I. Develop and implement a user-friendly computer program(s) to project the demand on public services and facilities that would be generated by a proposed development project. J. Develop and implement a companion computerized program(s) that will monitor existing and committed capacity of public services and facilities, and track applications approved as meeting concurrency. K. Develop a just and equitable appeals procedure. L. Prepare a Concurrency Management System Manual which is readily reproducible for City staff with flow charts, which includes the process and procedures for administering the Concurrency Management System and the procedures for appeal. M. Prepare a brochure on the Concurrency Management System which is readily reproducible for public distribution (specifically to developers, architects, contractors, etc.) that describes the process in clear terms. N. Provide training to selected city personnel to perform Concurrency reviews. O. Recommend Concurrency reservation fees, as well as policies to discourage speculative hording of reserved capacity. P. Coordinate the initial implementation of the Concurrency Management System with the participating departments and agencies, as required. Q. Recommend a possible development fee structure for developers and others, to be applied to improvements to the City's parks and recreation system and mass transit system. RFP NO.: DATE: XXX-XX/XX XX/XXJX.X CITY OF MIAMI BEACH 11 R. Coordinate the development of the Concurrency Management System with the Miami Beach Municipal Mobility Plan, currently underway. S. Create a Executive Summary Report summarizing the End Product, described, herein; T. Abide by the six- month (180- day) timetable for completing all tasks/end products for a fully functioning Concurrency Management System. Participating Agencies: City of Miami Beach Departments Planning, Design & Historic Preservation Building Department Public Works Department Recreation, Culture & Parks Department Economic & Community Development Division Legal Department City Manager's Office Other Agencies Dade County Metropolitan Planning Organization (MPO) Metro-Dade Transit Agency (MDT A) Florida Department of Transportation (FDOT) Dade County Department of Environmental Resources Management (DERM) Florida Department of Environmental Protection (FDEP) Florida Department of Community Affairs (DCA) Project Manager for the City: Joseph Johnson, Planner, Planning, Design & Historic Preservation Division Funding: CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\ci.mlami-beach.f1.us COMMISSION MEMORANDUM NO. .sOc. -91 SUBJECT: Mayor Seymour Gelber and DATE: July 16, 1997 Members of the City Commission Jose Garcia-Pedrosa tn! :::;::~T10N It~HE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE SCOPE OF SERVICES FOR A CITYWIDE CONCURRENCY MANAGEMENT SYSTEM FOR MIAMI BEACH; AND AUTHORIZING THE ISSUANCE OF REQUESTS FOR PROPOSALS FOR THE DEVELOPMENT OF THE SYSTEM, AT A COST NOT TO EXCEED $60,000.00, TO BE FUNDED BY THE 1996-97 PROFESSIONAL SERVICES ACCOUNT OF THE DEVELOPMENT, DESIGN AND HISTORIC PRESERVATION SERVICES DEPARTMENT BUDGET. TO: FROM: ADMINISTRATION RECOMMENDATION Approve the Resolution. BACKGROUND The administrative process for monitoring the development of land and changes in land use to ensure that adequate facilities and services are already in place or will be in place is known as Concurrency Management. Attached for your consideration is the proposed Scope of Services for the City's first comprehensive Concurrency Management System. Both Florida Statutes (Section 163) and the Florida Administrative Code (Chapter 9J-5) require that municipalities reasonably establish that a development approval or permit will not cause public services/facilities to 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 and consist of roads, potable water, sanitary sewer, solid waste, drainage, recreation, and mass transit, as applicable. The City of Miami Beach has relied on data and information provided by various governmental agencies and private consultants to achieve the intent of the State Statutes and the Florida Administrative Code. However, the City has concluded that a data-specific, locally-implemented and standardized administrative system is essential in order to provide the substantive information which would considerably improve the quality of the planning and growth management efforts within Miami Beach. DATE ~1H- ,-\t."91 AGENDA ITEM ANAL YSIS This comprehensive Concurrency Management System (CMS) for Miami Beach will: <> Provide guidelines/standards for the review of proposed development and change-in-Iand-use applications, prior to their submission to Design Review Board or Zoning Board consideration. <> Project the impact of proposed development or changes in land use, assess the demands that will be created by either, and determine whether adequate public services and facilities are available to serve the project without violating the City's level-of-service standards. <> Provide a basis for equitable distribution of municipal services throughout City. <> Reduce the density and intensity of an applicant project so that it does not exceed the local LOS standards, or require project application withdrawal, prior to its submission to Design Review Board consideration. <> Establish guidelines requiring developer contribution of funds to the City's Capital Improvements Program (and to the County or State, as appropriate) when construction of or improvements to infrastructure or facilities are required to maintain levels of service, as a result of a proposed development project application. <> Provide an appeal procedure for CMS determinations, as well as a technical and legal appeal process by which applicants may seek administrative remedies. <> Include a procedure for assessing fees for City administration of the CMS. The costs of developing a CMS and its related computer program are not to exceed $60,000. Funds available in the 1996-97 Professional Services account of the Development, Design and Historic Preservation Services Department budget (Planning and Economic Development) would be utilized for the purpose. With Commission authorization, the City will issue the related request for proposals. CONCLUSION The application of a locally-developed comprehensive Concurrency Management System will further ensure compliance with the levels of service standards for public infrastructure and services, as established by the Miami Beach Comprehensive Plan, and the Miami Beach Five-Year Capital Improvements Program to be adopted. The CMS will also be responsive to the incremental changes made from time to time to the Comprehensive Plan, the Capital Improvements Program as well as those that may be made as a result of the Municipal Mobility Plan, presently under development. JGP/,t'/DG/aj (concrncy)