LTC 046-2008 Public Schools Facilities Element~ ~ ~oa~ r= ~~ - s P~ i : 27
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OFFICE OF THE CITY MANAGER
NO. LTC # 046-2008 LETTER TO COMMISSION
TO: Mayor Matti H. Bower and Members of the City Commission
FROM: City Manager Jorge M. Gonzalez
DATE: February 5, 2008
SUBJECT: Public Schools Facilities Element and Amended and Restated Public Schools
Interlocal Agreement, pursuant to the 2005 Growth Management Act.
The process for a Comprehensive Plan (Plan) amendment is very similar to that of adopting
an ordinance. In this respect, the Planning Board, sitting as the Land Planning Agency,
makes a recommendation to the City Commission, which in turn authorizes the transmittal of
the amendment to the Department of Community Affairs and other reviewing agencies. On
September 5, 2007, the City Commission approved transmittal to the Department of
Community Affairs (DCA) a proposed amendment that creates the Public School Facilities
Element within the Plan.
Upon receipt, DCA reviewed the proposed amendment for consistency with the Rules of the
Florida Administrative Code and Chapter 163, Part II of the Florida Statutes and prepared its
Objections, Recommendations and Comments Report (ORC) which details its findings. On
December 12, 2007, the City received the ORC report and has been diligently making the
corrections and following the recommendations outlined therein.
It is expected that this package of the Public School Facilities Element and the Amended
and Restated Interlocal Agreement will be presented to the City Commission for adoption
during a public hearing at the February 13, 2008 meeting.
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 Level of Service (LOS) standards -100% Permanent Florida Inventory of School
Houses (FISH) capacity without relocatables (portables) by 2018.
o Requires that a revised Interlocal Agreement (ILA), which includes process for
establishing the LOS, mitigation, etc. be adopted and it is referenced in the
School Element.
Letter to the Commission
Re: School Facilities Element and Updated
Public Schools Interlocal Agreement
February 5, 2008 Page 2
o A Concurrency Ordinance that includes how School Concurrency will be
determined and monitored must be incorporated into the City Code. The
information to be included in this ordinance will be the same LOS standards that
are incorporated in the Plan amendment and the ILA.
Development Impact
o If the 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 if there 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.
The City will only be responsible for providing the information on developments that would
affect school concurrency; i.e. reporting approved residential projects,
UPDATED INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING
The current Interlocal Agreement was adopted 2003 and established the coordination
processes currently used by Miami-Dade County, the Cities of Miami-Dade County and
Miami-Dade County Public Schools when implementing school related policies. The
legislature amended Chapters 163 and 1013, Florida Statutes in 2005 to require school
boards and local jurisdictions to adopt public school elements and implement school
concurrency. As a result, all school interlocal agreements are required to provide a process
by which public school concurrency can be administered on a uniform basis throughout the
County.
Letter to the Commission
Re: School Facilities Element and Updated
Public Schools Interlocal Agreement
February 5, 2008 Page 3
The following is a summary of the Amended and Restated Interlocal Agreement
Reflect the Countywide Level of Service (LOS) standard for public schools and
provide a methodology for calculating the LOS standard.
Outlines how new development will be evaluated for its impacts on school capacity
and the LOS standard (concurrency) and commits the School Board to providing a
financially feasible plan for maintaining the LOS standard.
The Amended and Restated Interlocal Agreement must be executed by the County,
School Board and non-exempt municipalities and transmitted to DCA, along with the
adopted amendments to the Comprehensive Plan.
A brief description of the most pertinent amendments to the Interlocal Agreement follows:
Section 3.6 - A Public Schools Facility Element -This section outlines a schedule for
review of the Interlocal Agreement and any new legislation by the Staff Working
Group (comprised of the County and all municipalities) Note: the City of Miami
Beach has a staff person appointed to the Group] to maintain consistency with State
law. Additionally, the section requires the School Board to annually update the
District Facilities Work Program to add a fifth year and maintain financial feasibility.
Section 7 -Local Planning Agency, Comprehensive Plan Amendments, Re-zonings,
and Developments of Regional Impact -This section was modified to include new
procedures by which development, that may impact the public schools, will be
reviewed by the School Board. It allows the School Board to attend Planning
Advisory Board meetings as well as Community Zoning Appeal Board hearings and
give input into applications that may impact schools.
Section 9 -Implementation of Public School concurrency. This section is new and
contains amendments that establish school concurrency, provides mechanisms for
coordinating the development, adoption, and amendment of the Miami-Dade County
Public Schools Facilities Work Program as well as the Public School Facilities,
Intergovernmental Coordination and Capital Improvements Elements of the County
and Cities' comprehensive plans, in order to implement a uniform district wide public
school concurrency system as required by law.
The Implementation of Public School concurrency section includes mechanisms to
implement a uniform district wide public school concurrency system as required by
law: Capacity Methodology and Formula for Availability, Level of Service Standards,
concurrency Service Areas, Student Generation Multipliers, concurrency
Management System, Proportionate Share Mitigation, and Exemptions and Vested
Development.
The Interlocal Agreement was developed through the participation and oversight of
the Miami-Dade Planners Technical Committee, the Staff Working Group and the
School Board's concurrency Task Force over the past two year. These committees
are composed of membership of professional planners representing local
governments in Miami-Dade County. There is also a close working partnership of the
committee with the State Department of Community Affairs and the South Florida
Regional Planning Council.
Letter to the Commission
Re: School Facilities Element and Updated
Public Schools Interlocal Agreement Page 4
February 5, 2008
JMG/TH/JGG/ML
c: Jorge M. Gomez, Planning Director
Timothy Hemstreet, Assistant City Manager
Robert Parcher, City Clerk
Mercy Lamazares, Principal Planner
F:\PLAN\$PLB\Comp Plan Amendments\School Concurrency\Educational Element & ILA LTC3 02-05-08.doc