HomeMy WebLinkAboutOrdinance 2008-310
ORDINANCE NO. 2008- 3, 0
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING
THE CITY'S ADOPTED COMPREHENSIVE PLAN BY
ADDING A PUBLIC SCHOOL FACILITIES ELEMENT
AND AMENDING THE CAPIT AL COORDINA TION
ELEMENT AND THE INTERGOVERNMENTAL
COORDINATION ELEMENT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEALER;
PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, The City of Sunny Isles Beach adopted the City of Sunny Isles Beach
Comprehensive Plan on October 15, 2000; and
WHEREAS, the Department of Community Affairs has found the Sunny Isles Beach
Comprehensive Plan in compliance with the Local Government Comprehensive Planning and
Land Development Regulations Act; and
WHEREAS, Chapter 163, Sections 163.3184 and 163.3187, Florida Statutes, provides
procedures for amendments to adopted local comprehensive plans; and
WHEREAS, Section 265-8 of the City of Sunny Isles Beach Land Development Code
provides for amendments to the City's Comprehensive Plan; and
WHEREAS, the City of Sunny Isles Beach proposes an amendment adding a Public
School Facilities Element and amending the Capital Improvement Element and the
Intergovernmental Coordination Element of the City of Sunny Isles Beach Comprehensive Plan;
and
WHEREAS, the City Commission as the local planning agency for the City of Sunny
Isles Beach Comprehensive Plan held its hearing on the proposed inclusion of the Public School
Facilities Element, and amendments to the Capital Improvement Element and the
Intergovernmental Coordination Element of the City of Sunny Isles Beach Comprehensive Plan
on December 13, 2007, with due public notice; and
WHEREAS, the City Commission held its first public hearing on December 13,2007,
having complied with the notice requirements specified in Section 163.3184(15), Florida
Statutes.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISISON OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Amending Comprehensive Plan By Adding A Public School Facilities Elementn
Page I of3
Section 1. Recitals: The foregoing "WHEREAS" clauses are ratified and confirmed as
being true and correct and are made a specific part of this Ordinance.
Section 2. Amendments to the Comprehensive Plan: The Plan Amendments, attached as
Exhibit "A", adding the Public School Facilities Element, and amending the Capital
Improvement Element and the Intergovernmental Coordination Element of the City's
Comprehensive Plan in order to implement public school concurrency, is hereby approved.
Section 3. Transmittal: The City's Consultant, Bell David Planning Group is hereby
directed to transmit the City of Sunny Isles Beach Public Facilities Plan Amendments to the
State Department of Community Affairs in accordance with Florida Statute 163.3191.
Section 4. Severability. If any section, subsection, clause or provision of this Ordinance is
declared invalid or unconstitutional by a court of competent jurisdiction, the remainder shall not
be affected by such invalidity.
Section 5. Repeal of Conflicting Provisions. All ordinances, or parts of ordinances in conflict
herewith be, and the same, are hereby repealed
Section 6. Inclusion In The Code. It is the intention of the City Commission, and it is hereby
ordained that the provisions of this Ordinance shall become and made a part of the City of Sunny
Isles Beach Code; that the sections of this Ordinance may be renumbered or re-Iettered to
accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other
appropriate word.
Section 7. Effective Date. This Ordinance shall become effective ten (10) days after adoption on
second reading.
PASSED and ADOPTED on First Reading the ~ day of 1)el'eW\bev--, 2007.
PASSED and ADOPTED on Second Reading this j ~.v.day of ~'oav, 2008.
ATTEST:
~ONA~
Jane A. Hines, CMC, City Clerk
Amending Comprehensive Plan By Adding A Public School Facilities Elementn
Page 2 01'3
Moved by: ~~ Sc.I-lOL.L.
Second by: ~~ (S>OObWtAN
VOTE AS FOLLOWS: 5-0
Mayor Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Scholl
lk0 yes
C.J:d yes
CJL) yes
(JL) yes
uLJ yes
L)no
L)no
L)no
L)no
L)no
Amending Comprehensive Plan By Adding A Public School Facilities Elementn
Page 3 of3
Sunny Islcs Bcach
Educational Facilitics Elcment
City of Sunny Isles Beach
2007 COMPREHENSIVE PLAN
Educational Facilities Element
Amendment No.1
RESPONSES TO DCA OBJECTIONS. RECOl\H\IEND1\TIONS AND COl\Il\IENTS
REPORT
Novcmbcr 21,2007
Rcvised September 1, 2008
Notc: Changes in rcd dcnotc rcsponses to DCA comments
Exhibit "A"
Sunny Isles Beach
Educational Facilities Element
Educational Facilities Element Introduction
The Growth Management Law of 2005. made significant changes to the Growth
Management Act. A key requirement of the Growth Management Law of 2005 is that all
local governments adopt a public school facility element in their comprehensive growth
management plan and adopt required updates to its public schools inter/ocal agreement.
This Element contains policies and provisions consistent with the City's Comprehensive
Plan. the Miami-Dade County Comprehensive Development Ivlaster Plan. Strategic Regional
Policy Plan for South Florida and State Comprehensive Plan. The data and analysis
necessary to support the proposed level of service standard is attached in separate volumes
and labeled Support Data and Analysis.
Florida Statutory Requirements
As stated above. the state legislature passed the Growth Management Law of 2005. which
made significant changes to the Growth Management Act.
Through this Element the City shall further implement and support the "lnter/ocal
Agreement for Public School Facility Planning In Miami-Dade County."
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Educational Facilities Element
Educational Facilities Goal:
DEVELOP. OPERATE. AND MAINTAIN A SYSTEM OF PUBLIC
EDUCATION BY MIAMI-DADE COUNTY PUBLIC SCHOOLS. IN
COOPERATION WITH THE COUNTY AND OTHER APPROPRIATE
GOVERNMENTAL AGENCIES. WHICH WILL STRIVE TO IMPROVE THE
QUALITY AND QUANTITY OF PUBLIC EDUCATIONAL FACILITIES
AVAILABLE TO THE CITIZENRY OF MIAMI-DADE COUNTY. FLORIDA.
Objective 1
Work with Miami-Dade County Public Schools towards the reduction of the
overcrowding which currently exists in Miami-Dade County Public Schools,
while striving to attain an optimum level of service pursuant to Objective 2.
Provide additional solutions to overcrowding so that countywide enrollment
in Miami-Dade County's public schools will meet state requirements for class
size by September 1. 2010.
Monitoring Measure 1
Policies relating to the maintenance and improvement of specific level of service for
public educational facilities. as specified in the Educational Facilities Impact Fee
Ordinance. shall be reviewed annually. Each year. Miami-Dade County Public
Schools will compare the official enrollment of the school system with the number
of student stations available to determine the current operating LOS.
Policies
lA. Cooperate with Miami-Dade County Public Schools in their efforts to
continue to provide new student stations through the Capital Outlay
program. in so far as funding is available.
1B. Miami-Dade County shall collect impact fees from new development. with
proof given to the City prior to issuance of building permits. for transfer to
Miami-Dade County Public Schools to offset the impacts of these additional
students on the capital facilities of the school system.
1e. Cooperate with Miami-Dade County Public Schools in their efforts to
develop and implement alternative educational facilities. such as primary
learning centers. which can be constructed on small parcels of land and
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Sunny Isles Beach
Educational Facilities Element
relieve overcrowding at elementary schools. In so far as funding and rules
permIt.
lD. Cooperate with l\Iiami-Dade County Public Schools in their efforts to
provide public school facilities to the students of Sunny Isles Beach. which
operate at optimum capacity. in so far as funding available. Operational
alternatives may be developed and implemented. where appropriate. which
mitigate the impacts of overcrowding while maintaining the instructional
integrity of the educational program.
lE. Cooperate with Miami-Dade County Public Schools in their efforts to
maintain and/or improve the established level of service (LOS). for Public
Educational Facilities. as established for the purposes of school concurrency.
IF. l'vIiami-Dade County Public Schools comments shall be sought and
considered on comprehensive growth management plan amendments and
other land use and zoning decisions. or Development of Regional Impact
which could impact the school district. in order to be consistent with the
terms of the state mandated Interlocal Agreement pursuant to Sections
1013.33 and 163.31777. Florida Statutes.
lG. In accordance with Section 163.3174(1). Florida Statutes. the School Board
of Miami-Dade County shall be invited to appoint a non-voting member to
the City's Local Planning Agency in order to receive comment on
applications which could impact the school district.
lH. Capital improvement programming by Miami-Dade Public Schools should be
based on future enrollment projections and demographic shifts and targeted
to enhance the effectiveness of the learning environment. The future
enrollment projections should utilize student population projections based
on information produced by the demographic. revenue. and education
estimating conferences pursuant to Section 216.136. Florida Statutes. where
available. as modified by the School Board based on development data and
agreement with the local governments. the State Office of Educational
Facilities and the State srvIART Schools Clearinghouse. The School Board
may request adjustment to the estimating conferences' projections to reflect
actual enrollment and development trends. In formulating such a request.
the School Board will coordinate with the Cities and County regarding
development trends and future population projections.
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Educational Facilities Element
11. It is the policy of Sunny Isles Beach that Miami-Dade Public Schools should
give priority to the Urban Infill l\rea (UIA) identified in the Growth
Management Plan when allocating resources toward the attainment of the
level of service objective for public educational facilities (Objective 1 ).
followed by more recently developed and newly developing areas outside the
UIA and within the Urban Development Boundary ruDB).
IT. The City of Sunny Isles Beach will. through the Staff Working Group of the
Interlocal Agreement for Public School Facilities. coordinate with Miami-
Dade County Public Schools. Miami-Dade County. and other applicable
cities to review annually the Educational Facilities Element and School
enrollment projections.
Objective 2
The City of Sunny Isles Beach shall coordinate new residential development
with the future availability of public school facilities 1 consistent with the
adopted level of service standards for public school concurrency, to ensure the
inclusion of those projects necessary to address existing deficiencies in the 5-
year schedule of capital improvements. and meet future needs based upon
achieving and maintaining the adopted level of service standards throughout
the planning period.
Monitoring Measure 2
An annual review of the latest adopted Miami-Dade County Public Schools Facility
Work Program will be conducted pursuant to the Interlocal Agreement in order to
determine if the adopted concurrency level of service standard (including the Interim
LOS standards) is being achieved. The number of development orders approved.
those disapproved and those that have achieved LOS standards through mitigation
options will also be reviewed. The City may also request the Work Program in order
to momtor progress.
1 Level of Service standards for public school facilities apply to those traditional educational facilities, owned
and operated by Miami-Dade County Public Schools, that arc required to serve the residential development
\vithin their established Concurrency Service "-\rea. Level of Service standards do not apply to charter schools.
However, the actual enrollment (October Full Time Equivalent (FTE)) of both charter and magnet schools as a
percent of the total district enrollment will be credited against the impact of development.
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Sunny Isles Beach
Educational Facilities Element
Policies
2A. Beginning January 1. 2008. the adopted level of service (LOS) standard for all
J\Iiami-Dade County public school facilities is 100% utilization of Florida
Inventory of School Houses (FISH) Capacity (\'V'ith Relocatable Classrooms).
This LOS standard. except for Magnet Schools. shall be applicable in each
public school concurrency service area (CSA). defined as the public school
attendance boundary established by the Miami-Dade County Public Schools.
The adopted LOS standard for Magnet Schools is 100% of FISH (with
relocatable classrooms). which shall be calculated on a districtwide basis.
2B. It is the goal of the City of Sunny Isles Beach. Miami-Dade County Public
Schools. Miami-Dade County and the other signatories to the Interlocal
l\greement for all public school facilities to achieve 100% utilization of
Permanent FISH (No Relocatable Classrooms) capacity by January 1. 2018.
To help achieve the desired 100% utilization of Permanent FISH by 2018.
Miami-Dade County Public Schools should continue to decrease the number
of relocatable classrooms over time. Public school facilities that achieve
100% utilization of Permanent FISH capacity should. to the extent possible.
no longer utilize relocatable classrooms. except as an operational solution2.
Bel!inninl! Januarv I. 2013. the Miami-Dade County Public Schools will
imolement a schedule to eliminate all remaininl! relocatable classrooms bv
J anuarv 1. 2018.
By December 2010. the City in cooperation with Miami-Dade County Public
Schools. Miami-Dade County and the other signatories to the Interlocal
Agreement will assess the viability of modifying the adopted LOS standard to
100% utilization of Permanent FISH for all CSAs.
2C. In the event the adopted LOS standard of a CSA cannot be met as a result of
a proposed development's impact. the development may proceed provided at
least one of the following conditions is met:
a) The development's impact can be shifted to one or more contiguous
CSAs that have available capacity and is located. either in whole or in part.
within the same Geographic Areas (Northwest. Northeast. Southeast. or
2 Relocatable classrooms may be used by the Miami-Dade County Public Schools as an operational
solution to achieve the level of service standard during replacement. renovation or expansion of a public
school facility.
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Sunny Isles Beach
Educational Facilities Element
Southwest (See Figures I and lA through ID ) as the proposed
develop men t; or
b) The development's impact is mitigated. proportionate to the demand
for public schools it created. through a combination of one or more
appropriate proportionate share mitigation options. as defined in Section
163.3180 (13)(e)L Florida Statutes. The intent of these options is to provide
for the mitigation of residential development impacts on public school
facilities, guaranteed by a legal binding agreement, through mechanisms
that include, one or more of the following: contribution of land; the
construction, expansion, or payment for land acquisition or construction of
a permanent public school facility; or, the creation of a mitigation bank
based on the construction of a permanent public school facility in
exchange for the right to sell capacity credits. The proportionate share
mitigation agreement, is subiect to approval by Miami-Dade County
School Board and Miami-Dade County Board of County Commissioners
and must be identified in the Miami-Dade County Public Schools
Facilities Work Program.
c) The development's impacts are phased to occur when sufficient capacity
will be available.
I f none of the above conditions IS met. the development shall not be
approved.
2D. Concurrency Service Areas (CSA) shall be delineated to: I) maximize
capacity utilization of the facility, 2) limit maximum travel times and
reduce transportation costs, 3) acknowledge the effect of court-approved
desegregation plans, 4) achieve socio-economic, racial. cultural and
diversity obiectives, and 5) achieve other relevant obiectives as
determined by the School Board's policy on maximization of capacity.
Periodic adiustments to the boundary or area of a CSA may be made by
the School Board to achieve the above stated factors. Other potential
amendments or uodates to the CSAs shall be considered annually at the
Staff Working Group meeting to take place each year no later than April
30 or October 31, consistent with Section 9 of the Interlocal Agreement
for Public School Facility Planning.
2E. The County through the implementation of the concurrency management
system and Miami-Dade County Public School Facilities Work Program
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Sunny Isles Beach
Educational Facilities Element
for educational facilities, shall ensure that eXlstmg deficiencies are
addressed and the capacity of schools is sufficient to support residential
development at the adopted level of service (LOS) standards throughout
the planning period in the 5-year schedule of capital improvements.
2F. The Miami-Dade County Public Schools Facilities Work Program dattd
September 2007 will be evaluated on an annual basis to ensure that the
level of service standards will continue to be achieved and maintained
throughout the planning period.
2G. At a minimum. the Citv in coni unction with Miami-Dade Count v Public
Schools shall adoot the annual uodates. addinl:! a fifth veaL to the Miami-
Dade Count v Public Schools Facilities Work Prol:!ram, uodate the
financiall y feasible schools caoital facilities work orol:!ram. and coordinate
caoital facilities with the Work Prol:!ram. Additionally. the Citv shall
coordinate its Comorehensive Plan with the Plans of other local
l:!ovemments.
2H. The Citv shall adoDt as an annual uodate to the Comorehensive Plan
uodates to the Miami-Dade County Public Schools Facilities Work
PrOl:!ram.
Objective 3
Obtain suitable sites for the development and expansion of public education
facilities.
Monitoring Measures 3
Objective 3 will be monitored through the annual inventory and assessment by
Miami-Dade County Public Schools of School Board owned property. The number
of new sites shall be reported annually and in the full review period reported in the
EAR.
Policies
3A. I t is the policy of the City that l\Jiami-Dade County Public Schools shall not
purchase sites for schools nor build new schools outside of the Urban
Development Boundary (ODB), and that new elementary schools
constructed should be located at least 1/4 mile inside the UDB; ncw middlc
schools should be located at least 1/2 mile inside the UDB. and; ncw scnior
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Sunny Isles Beach
Educational Facilities Element
high schools should be located at least one mile inside the UDB. In
substantially developed areas of the County where suitable sites in full
conformance with the foregoing are not available and a site or portion of a
site for a new school must encroach closer to the UDB. the majority of the
site should conform with the foregoing location criteria and the principal
school buildings and entrances should be placed as far as functionally
practical from the UDB. The same criteria of this paragraph that apply to
public schools also pertain to private schools.
3B. In the selection of sites for future educational facility development. the City
encourages Miami-Dade County Public Schools to consider whether a school
is in close proximity to residential areas and is in a location that would
provide a logical focal point for community activities.
3C. Where possible. 1\Iiami-Dade County Public Schools should seek sites which
are adjacent to existing or planned public recreation areas. community
centers. libraries. or other compatible civic uses for the purpose of
encouraging joint use facilities or the creation of logical focal points for
community activity.
3D. The City acknowledges and concurs that. when selecting a site. Miami-Dade
County Public Schools will consider if the site meets the minimum size
criteria as recommended by the State Department of Education or as
determined to be necessary for an effective educational environment.
3E. When considering a site for possible use as an educational facility. Miami-
Dade County Public Schools should review the adequacy and proximity of
other public facilities and services necessary to the site such as roadway
access. transportation. ftre flow and portable water. sanitary sewers. drainage.
solid waste. police and ftre services. and means by which to assure safe access
to schools. including sidewalks. bicycle paths. turn lanes. and signalization.
3F. When considering a site for possible use as an educational facility Miami
Dade County Public Schools should consider whether the present and
projected surrounding land uses are compatible with the operation of an
educational facility.
3G. The City shall encourage and cooperate with Miami-Dade County Public
Schools in their effort for public school siting reviews to help accomplish the
objectives and policies of this element and other elements of the
Comprehensive Plan. The City shall cooperate with Miami-Dade County
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Sunny Isles Beach
Educational Facilities Element
Public Schools to establish provlslOns for a scoping or pre-application
meeting as part of the educational facilities review process. if determined to
be warranted.
3H. Permitting of school facilities for lvliami-Dade County Public Schools
requires that a building permit application be made to the Miami-Dade
County Public School Building Official prior to commencing any work.
regardless of cost.
31. The City will continue to cooperate with Miami-Dade County Public Schools
in utilizing Miami-Dade County Public Schools as emergency shelters during
county emergencles.
Objective 4
Miami-Dade County Public Schools, in conjunction with the City. Miami-
Dade County and other appropriate agencies. will strive to improve security
and safety for students and staff.
Monitoring Measures 4
Objective 4 will be monitored through the review and analysis of the statlstIcs
relating to school safety. as compiled annually. by the MDCPS Division of Police. A
review and analysis of new and existing reactive and proactive safety and crime
prevention programs will also be conducted on an annual basis.
Policies
4A. Continue to cooperate with Miami-Dade County Public Schools to develop
and/ or implement programs and policies designed to reduce the incidence of
violence. weapons and vandalism on school campuses. Encourage the design
of facilities. which do not encourage criminal behavior and provide clear
sight lines from the street.
4B. Continue to cooperate with l\Iiami-Dade County Public Schools to develop
and/ or implement programs and policies designed to reduce the number of
incidents related to hazardous conditions as reported by the Environmental
Protection Agency (EP A). the fire marshal. the State Department of
Education (DOE). and other appropriate sources.
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Sunny Isles Beach
Educational Facilities Element
4C. Continue to cooperate with Miami-Dade County Public Schools to provide
for the availability of alternative programs for at-risk students at appropriate
public educational facilities.
4D. Coordinate with Miami-Dade County Public Schools and municipalities to
provide for pedestrian and traffic safety in the area of schools. and
signalization for educational facilities.
4E. Coordinate with Miami-Dade County Public Schools Division of School
Police and other law enforcement agencies. where appropriate. to improve
and provide for a secure learning environment in the public schools and their
V1C101ty.
4F. Cooperate with Miami-Dade County Schools Division of School Police and
other law enforcement agencies to provide additional support or security.
when appropriate.
Objective 5
Continue to develop programs and opportunities to bring the schools and
community closer together.
Monitoring Measures 5
Objective shall be monitored by Miami-Dade County Public Schools by reporting
and reviewing the progress and number of new and existing community oriented
programs. including an enrollment analysis. by age and ethnicity. of adult.
community and vocational programs.
Policies
SA. Cooperate with Miami-Dade County Public Schools in their efforts to
provide "full service" schools. parent resource centers. adult and community
schools and programs as appropriate.
58. Cooperate with Miami-Dade County Public Schools in their efforts to
continue to provide opportunities for community and business leaders to
serve on committees and task forces. which relate to the development of
improved provision of public educational facilities.
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Sunny Isles Beach
Educational Facilities Element
Sc. Cooperate with Miami-Dade County Public Schools to continue to work
with the development industry to encourage partnerships in the provision of
sites and educational facilities including early childhood centers.
SD. Cooperate with Miami-Dade County Public Schools through agreement with
appropriate agencies to increase medical. psychological. and social services
for children and their families as appropriate.
Objective 6
Miami-Dade County Public Schools will continue to enhance effectiveness of
the learning environment.
Monitoring Measures 6
Objective 6 shall be monitored by Miami-Dade County Public Schools by reporting
the number of educational facility enhancements such as media centers. art/music
suite. and science laboratories.
Policies
6A. J\Iiami-Dade County Public Schools is encouraged to continue the design
and construction of educational facilities which create the perception of
feeling welcome. secure and positive about the students' school environment
and experiences.
6B. Miami-Dade County Public Schools is encouraged to continue to design and
construct facilities which better provide student access to technology
designed to improve learning. such as updated media centers and science
laboratories.
6C. Miami-Dade County Public Schools is encouraged to continue to improve
existing educational facilities. in so far as funding is available. through
renovation and expansion to better accommodate increasing enrollment. new
educational programs and other activities. both curricular and extra-
curricular.
Objective 7
The City of Sunny Isles Beach. Miami-Dade County Public Schools. Miami-
Dade County and the other signatories to the Interlocal Agreement shall
establish and implement mechanisms for on-going coordination and
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Sunny Isles Beach
Educational Facilities Element
communication. to ensure the adequate proVISiOn of public educational
facilities.
Monitoring Measures 7
Objective 7 will be addressed by implementing and tracking the development of
appropriate mechanisms. including interlocal agreements and coordination efforts.
which serve to expedite the provision or enhancement of public educational
facilities.
Policies
7A. The City shall coordinate and cooperate with l\liami-Dade County Public
Schools. the State of Florida. Miami-Dade County and other municipalities
and other appropriate agencies to develop or modify rules and regulations in
order to simplify and expedite proposed new educational facility
developments and renovations.
7B. The location of future educational facilities should occur where capacity of
other public facilities and services is available to accommodate the
infrastructure needs of the educational facility.
7C. Miami-Dade County Public Schools should coordinate school capital
improvement plans with the planned capital improvement projects of the
City and other County and municipal agencies.
7D. The City shall cooperate with Miami-Dade County Public Schools in their
efforts to ensure that they are not obligated to pay for off-site infrastructure
in excess of their fair share of the costs.
7E. The City. the County. other municipalities and Miami-Dade Public Schools
shall periodically review the Educational Facilities Impact I~ee Ordinance to
strive to ensure that the full eligible capital costs associated with the
development of public school capacity (new schools and expansion of
existing ones) are identified when updating the impact fee structure. Pursuant
to the terms of the state mandated lnterlocal Agreement. the City. other
municipalities. the County and School Board shall annually review the
Ordinance. its formula. the Educational Facilities Impact Fee methodology
and technical report. in order to make recommendations for revisions to the
Board of County Commissioners and the Miami-Dade County School Board.
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Sunny Isles Beach
Educational Facilities Element
7F. The City and l\Iiami-Dade County Public Schools will annually review the
Educational Element and make amendments. if necessary. through the
process of updating the Comprehensive Plan in accordance with the
Interlocal Agreement for Public School Facility Planning.
7G. The City shall seek to coordinate with Miami-Dade County Public Schools in
formalizing criteria for appropriate sharing of responsibility for required off-
site facility improvements attributable to construction of new public schools
or expansion of existing ones. The criteria should be prepared prior to the
next full review of the School Impact Fee Ordinance.
7H. The City shall coordinate with Miami-Dade County Public Schools. the
County and other local governments to eliminate infrastructure deficiencies
surrounding existing school sites.
71. The City and Miami-Dade County Public Schools shall coordinate efforts to
ensure the availability of adequate sites for the required educational facilities.
7T. The City and Miami-Dade County Public Schools shall coordinate the
appropriate roles and responsibilities of affected governmental jurisdictions
in ensuring the timely. orderly and efficient provision of adequate educational
facilities.
7K. The City. where appropriate. will account for the infrastructure needs of new.
planned or expanded educational facilities when formulating and
implementing its own capital improvement plans.
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Sunny Isles Beach
Educational Facilities Element
NEW MAP: "GEOGRAPHIC" AREAS TO BE ADDED TO SERIES
15
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Sunny Isles Beach
Educational Facilities Element
Figure 1A - Proposed, Existing, and Ancillary Educational Facilities
Located in the Northwest Area - 2008-2013
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Legend
EducaUonaJ Facilities
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.6. Elementary
. K.8 Center
. Middle
. Senior
. Ctner Educational Facility
. AncillaryFaohty
o 1008.2013 Smaal Openings
Highways
NorthwestArea
16
Sunny Islcs Bcach
Educational Facilities Elcmcnt
Figure 1 B - Proposed, Existing, and Ancillary Educational Facilities
Located in the Northeast Area - 2008-2013
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SOURCE: MIAMI-DAOE COUNTY,
PUBLIC SCHOOLS SYSTEM '2007
Legend
Educational Facilities
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0 2008-2013 School Openings
HlQhways
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Sunny Isles Beach
Educational Facilities Element
Figure 1C - Proposed, Existing, and Ancillary Educational Facilities
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HIghways
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18
Sunny Isles Beach
Educational Facilities Element
Figure 10 - Proposed, Existing, and Ancillary Educational Facilities
Located in the Southeast Area - 2008-2013
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SOURCE, MIAMI.oAOE COUNTY,
PUBLIC SCHOOL.S SYSTEM, 2007
Legend
Educational Facilities
. E1~menl"ry
. K-8 Cente<
. Middle
* Senior
+ 0Ihe< Educational Facility
. Allcillary Facility
0 2008-2013 Schad Qleongs
Highways
Soll1heaSl !'lea
19
Sunny Isles Beach
Intergovernmental Coordination Element
City of Sunny Isles Beach
2007
COMPREHENSIVE PLAN
Intergovernmental Coordination Element
Amendments Relating To Educational Facilities
Amendment No.2
RESPONSES TO DC\ OBJECTIONS. RECOJ\fMENDATIONS AND
COMJ\fENTS REPORT
November 21,2007
Revised September 1, 2008
Note: Changes in red denote responses to DCA comments
Sunny Isles Beach
Intergovernmental Coordination Element
Delete existing Policy 3F. and replace with the following new language:
3F. By March 1,2001 thc City shall enter into an intcrlocal agreemcnt or other formal
agreement with the Miami Dade Public School System, as required by Section
163.3177 (6)(h)(2) F.S.
The City of Sunny Isles Beach, other cities, Miami-Dade County and Miami-
Dade County Public Schools shall execute and follow the procedures established
in the adopted "Amended and Restated Interlocal Agreement for Public School
Facilities Planning in Miami-Dade County" for coordination and collaborative
planning and decision making of land uses, public school facilities, siting,
decision making on population proiections, location and extension of public
facilities subiect to concurrency, and siting of facilities with a countywide
significance. The Citv shall execute the Interlocal Agreement with Miami-Dade
County Public Schools. Miami-Dade Countv. and other nonexemDt municiDalities
Dursuant to Section 163.3177. Florida Statutes. and shall abide bv all of its
obligations as set forth in the adoDted agreement. Florida Statutes. and the
Comorehensive Land Use Plan's Educational Element. Intergovernmental
Coordination Element. and CaDi tal ImDrovements Element. Coordination of the
Interlocal Agreement. and the City's obligations therein. shall be achieved via
DarticiDation.
Create new Policy 3K. and renumber remaining policies under Objective 3 as
follows:
Existing 3K becomes 3L, existing 3L becomes 3M and existing 3M becomes 3N
3K. The City of Sunny Isles Beach shall coordinate with Miami-Dade County Public
Schools and other parties to the Amended and Restated Interlocal Agreement for
Public School Facility Planning to establish Level of Service Standards (including
Interim LOS standards) for public school facilities and any amendments affecting
public school concurrency.
2
Sunny Islcs Bcach
Capitallmprovcment Elcmcnt
City of Sunny Isles Beach
2007
COMPREHENSIVE PLAN
~ital Improvement Element Amendments Relating To
Educational Facilities
Amendment No.3
RESPONSES TO DC\ OBJECTIONS. RECOl\Il\IENDATI0NS AND COl\Il\IENTS
REPORT
N ovembcr 21, 2007
Revised Scptcmber 1, 2008
Notc: Changes in rcd denote responses to DCA commcnts
Sunny Isles Beach
Capital Improvement Element
Amend Policy 2E. to add a schools LOS:
2E. The 5 year schedule of improvements will incorporate the identified capital
investments for each of the following levels of service for each element as
defined:
* * *
Schools - The City of Sunny Isles Beach shall coordinate new residential
development with the future availability of public school facilities 1 consistent with
the adopted level of service standards for public school concurrency. to ensure the
inclusion of those projects necessary to address existing deficiencies in the 5-year
schedule of capital improvements. and meet future needs based upon achieving and
maintaining the adopted level of service standards throughout the planning period.
Beginning January 1. 2008. the adopted level of service (LOS) standard for alll\fiami-
Dade County public school facilities is 100% utilization of Florida Inventory of
School Houses (FISH) Capacity (With Relocatable Classrooms). This LOS standard.
except for Magnet Schools. shall be applicable in each public school concurrency
service area (CSA). defined as the public school attendance boundary established by
the Miami-Dade County Public Schools. Bee:innine: J anuarv I. 2013. the Miami-
Dade Countv Public Schools will imolement a schedule to eliminate all remainine:
relocatable classrooms bv J anuarv I. 2018.
The adopted LOS standard for Magnet Schools is 100% of FISH (with relocatable
classrooms). which shall be calculated on a districtwide basis.
Add new Policies 2F. and 2G. as follows:
2F. The Miami-Dade County Public Schools and Miami-Dade County have the
responsibility for providing school concurrency related improvements and should
continually seek to expand the funding sources available to meet those
requirements.
1 Level of Service standards for public school facilities apply to those traditional educational facilities, owned
and operated by "-liami-Dade County Public Schools, that are required to serve the residential development
within their established Concurrency Service :\rea. Level of Service standards do not apply to charter schools.
However, the actual enrollment (October Full Time Equivalent (FTE)) of both charter and magnet schools as a
percent of the total district enrollment will be credited against the impact of development.
2
Sunny Isles Beach
Capital Improvement Element
2G. The Miami-Dade County Public Schools Facilities Work Program dated
September 2007, will be evaluated on an annual basis to ensure that the level of
service standards will continue to be achieved and maintained throughout the
planning period.
Amend Policy 5D. to add new sub-policy d. as follows:
5D. Except as provided below...
* * *
d. Necessary public schools facilities must be in place or under actual
construction within three years after issuance of final subdivision or site plan approval. or
the functional equivalent.
Amend Policy 5E. to amend sub-policy d. as follows:
5E. Assurances that the facilities...
* * *
d. The necessary facilities are programmed, in the five-year capital facility
plan or work program of the Miami-Dade County Public Schools or State agency having
operational responsibility for affected facilities, for construction or acquisition;
Add new Policy 5F. as follows:
SF. The City in coordination with Miami-Dade County Public Schools shall by
ordinance, include proportionate share mitigation methodologies and options for public
school facilities in its concurrency management program and Interlocal Agreement for
Public Facility Planning between Miami-Dade County Public Schools, Miami-Dade
County and the Cities in Miami-Dade County, consistent with the requirements of
Chapter 163, Florida Statutes. The intent of these options is to provide for the mitigation
of residential development impacts on public school facilities through mechanisms that
might include, but are not limited to, one or more of the following: contribution of land;
the construction, expansion, or payment for land acquisition or construction of a
permanent public school facility; or, the creation of a mitigation bank based on the
construction of a permanent public school facility in exchange for the right to sell
capacity credits.
3
CITY OF SUNNY ISLES BEACH
PUBLIC HEARING
NOTICE OF COMPREHENSIVE PLAN UPDATE
The City Commission of the City of Sunny Isles Beach proposes to adopt the following Ordinance:
AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA
AMENDING THE CITY'S ADOPTED COMPREHENSIVE PLAN BY
ADDING A PUBLIC SCHOOL FACILITIES ELEMENT AND AMENDING
THE CAPITAL COORDINATION ELEMENT; AND THE
INTERGOVERNMENTAL COORDINATION ELEMENT; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE.
NOTICE IS HEREBY GIVEN that the City Commission, in its capacity as the Local Planning Agency,
will hold a Public Hearing on Thursday, September 18, 2008, at 6:30 p.m., or as soon thereafter as
possible, at in the Commission Chambers, Sunny Isles Beach Government Center, 18070 Collins Avenue,
Sunny Isles Beach, Florida. The purpose of the public hearing is to consider and make recommendations
to the City Commission, in its capacity as the governing body of the City, regarding the Ordinance
described above.
PLEASE NOTE: the City Commission will hold a Public Hearing and Second Reading of the Ordinance
on Thursday, September 18, 2008, immediately following the meeting of the Local Planning Agency, at
the Commission Chambers, Sunny Isles Beach Government Center, 18070 Collins Avenue, Florida. The
Ordinance in its entirety may be inspected at the Office of the City Clerk during regular working hours.
Persons wishing to appeal any decision made by the City Commission with respect to any matter
considered at such hearing will need a record of the proceedings and for such purpose may need to ensure
that a verbatim record of the proceedings is made, which includes the testimony and evidence upon the
appeal is based.
Any and all interested parties may appear at the above meeting and be heard with respect to the proposed
items.
Persons with disabilities requiring accommodations in order to participate should contact the City Clerk at
(305)-792-1703 at least three business days in advance to request such accommodations. if hearing
impaired, please telephone the TDD line at 305-792-1590 for assistance.
Jane A. Hines, CMC
City Clerk
City of Sunny Isles Beach, Florida
Page I of I
Search Results Ad Search: Pub Date: On: 09/07/2008
[i]ii[~(:;~~I~~
E-Sheets(!'} by MerlinO"t'
Legal ~hrmia1lliHtmtbi~
mmI1lDJW
. Advertiser: CITY OF SUNNY ISLES BEAC
Contact
Yiddish club
keeping
culture alive
FOR ~
LOCALS
ONLY
SAGAMOREHOTEL,~ ,
(Il.\ an Of SUNNf ISUS BEACH
,..,>:.c~ICEOF~HGP\.ANUPOAn
~
AVENTURA
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Search Hits: Ij] 2 of 2lE
Publication: The Miami Herald
Publication Date: September 7, 2008
Agency :
Advertiser (#): CITY OF SUNNY ISLES BEAC (58794105)
Insertion Number: 820097501
Description:
Ad Number: 820097501
Color, Ad Size: B&W, 2X5.5 Columns X Inches
Edition:
Zone: Dade
Section, Page: NBRS Aventura (A V), 15
Find My.ads on this page
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Email this ad
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9/8/2008
Single Image
AVENTURA
Yiddish club
keeping
culture alive
The Joy oi Yiddish Club,
dedicated to keeping Yiddish
traditions alive through
songs, humor, culture and
chochmCl - or wisdom - is
holding three iree meetings
this week: 2:30 p.m. Tuesday
at the Aventura Community
Center. 3375 NE 188th St.; at
2 p.m. Wednesday at the
Sunny Isles Beach branch
library, 18070 Collins Ave.;
and 2:30 p.m. Thursday at the
Michael-Ann Russell Jewish
Community Center, 18900 NE
25th Ave., in Northeast
Miami-Dade.
YiddisJl is a Germanic lau-
guage originally spoken by
Jews of Eastern Europe. writ-
ten in the Hebrew alphabet,
and containingwords from
Hebrew, as well as loans from
Slavic languages. For infor-
mation, call 305-937-7007.
FOR
LOCALS
ONLY
SAGAMOREHOTEl.cOM
· Beautiful sing along Carlebach melodies
. Short, meaningful & contemporary comments interspersed throughout the services
. Lovely apartments on the beach in the same bldg. as the synagogue available at
amazing discounts and at nearby Mimosa Hotel
· Catered luncheons & dinners for the entire Holiday
. Inviting, warm and spiritual atmosphere - all welcome
Services led by Rabbi Samuellntrator
"Rabbi Intralor leads a"upbeat sClVice." Miami Herold
"Vibrant & dynamic .piritunlleader." Jto...ish Pre.<s
"An a"imated young rabbi who supplements Torah teaching. with
healthy doses of spirited singing and dancing," New York Times
TICKETS: $100, F1NAHCIAL ASSISTANCE AVAILABLE
MEAL PACKAGE (4): $110
Rosh Hashanah: Sept. 29 . Oct. 1 . Yom Kippur: Oct. 8 . 9
Where: Ocean Pavilion Synagogue, 5601 Collins Ave.
Miami Beach, 2nd Fl.
Call NOW to reserve ~ur ticket to a spiritual adventure you will never forget!
786-201-1677 or 786-389-2217
KavanahLife@aol.com
Page 2 of2
CITY OF SUNNY ISLES BE:l
PUBLIC HEARING :: l
NOTICE OF COMPREHENSIVE PLAN
The City Comm~sioo of the City of Sunny Islos Beach propos.,
Ordinance:
Nl OR DI NANCE OF TH E CITY OF SUNNY ISlES
AMENDING THE CITY'S ADOPTED COMPREHENSIVE I
A PUBLIC SCHOOL FACIlITIES ELEMENT AND
CAPITAL COORDINATION ELEMENT; AND THE INTEl
COORDINATION ELEMENT; PROVIDING FOR SEYERA~
FOR REPEALER; PROVIDING FOR INCWSlON IN THE I
FOR AN EfFECTIVE DATE.
NOTICE IS HEREBY GlVEN that the City Commissioo, in fa
Planning ~ency, win hold a Pubic Hearing on Thursday, SI
6:30 p.m., or as soon thenoaftOf aa possible, at in the Comrma
1s1.. B.och Government Center, lS070 Conins Avenue. Sunr
The purpose of the public hearino is 10 OOl1$ider and make III
CIty Commissioo, in it> capacity as the gov.rning body of I
Ordinance descnbed abo",-
PLEASE NarE: the CIty Coml1llSSion win hold . PuUic H.arin
of the Ontinance on Thursday, september 19, 2lUl, imlT
meeting of the L=I PliIIlnino ~enc;y. at the Commission (
B.acl1 Government Celrter. 18070 Collins Avenue. Florida. The (
may be inspec;1ed .t tha Office of the City Clerk durino regula,
Persons w~hing 10 appeal any decision made by the City Coml
any mattel coosidered af auch hearing wiD need a ITlCOrd of ~
8lICh JXlI)lOSe may need to .....ul.that. ver1latim record of tl>
which indud.. the les1imony and ....idenc. upon the appeal i
hly and an interested parties may appear a' the above meeI
IllSpeel to the proposed items.
Persons with disllbllities requiring .ocommodations in ord..
contact the City Cieri< at (305)-792 -171l3 at least thr.. blJsjr>
Illquest sucll accommodations. d hearing impaired. please tel
305-792-1590 for assistance.
JanB A. Hines. CMC
City Cleric
City ot SunBY Isllls Beach, FI~lda
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MARK S. NESTOR, MD, PHD
Board C<1rt!f/ed o.mn.tc/og!$/ and o.<matolog/c SlJrlJOOfI
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http://ts.merlinone.com/scripts/foxisapi.dll/wmsq I. wm.request?plugin _ showlarge&imageid=... 9/9/2008
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To:
Via:
From:
Date:
Re:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33 160
City Commission
Norman S. Edelcup, Mayor
Lewis J. Thaler" Vice Mayor
Roslyn Brezin Commissioner
Gerry Goodman Commissioner
George "Bud" Scholl, Commissioner
(305) 947-0606 City Hall
(305) 792-1 565 Fax
(305) 947-2150 Building Department
A. John Szerlag, City Manager
Hans Ottinot, City Allorney
.Jane A. Hines, City Clerk
MEMORANDUM
Honorable Mayor and City Commission
A. John Szerlag, City Manager
Jorge L. Vera, Assistant City Managerl Service Division
Robert Sol era, Community Development Director
September 18, 2008
Adoption of Proposed Educational Facilities Element, changes to the
Intergovernmental and Capital Improvement element of the City's
Comprehensive Master Plan.
RECOMMENDATION
This resolution is brought forth for your consideration and approval
BACKGROUND
The attached amendments to the different elements of the Comprehensive Master Plan have been
addressed as per the State of Florida Department of Community Affairs (DCA) comments to the
City. Upon second reading of the Ordinance the amendments will be transmitted to the State for
final review. We believe these revisions fully address comments made by DCA.
Also attached is an executive summary from our consultants the Bell David Planning Group
which explains each amendment.
Finance Department
q- 1~-08
Funding a\'ailable:
Agenda Item No,:
Commission Meeting Date:
BEll DAVID PLANNING GROUP, INe.
Navigating Florida's Plonning Requirements
MEMORANDUM
TO:
Mayor and Commission, City of Sunny Isles Beach
FROM:
Alex A. David, AICP
DATE:
September 8, 2007
RE:
Executive Summary
Adoption of the Proposed Educational Facilities Element and
Changes to the Intergovernmental and Capital Improvements
Elements - September 18, 2008
Educational Facilities Plan Amendments
On December 13, 2007, the Commission voted to trc:lnsmit the proposed
amendments to the Comprehensive Plan to the Sta..... te of Flor...i...a.'.'"... a Department of
ii ."!iP~
Community Affairs for review and comment. Since that timethei\€ity has received
the DCA comments and has addressed them at this time.
DCA commented on four issues: adding language to clarify the Level of Service
for Educational Facilities; coordinating with the School District to make sure the
adopted Levels of Service are adopted and maintained; adding a policy to amend
the City's Comprehensive Plan annually to include the School District's updated
5-Year Facilities Work Plan; obligating the City to execute an Interlocal
Agreement with the School District, Miami-Dade County and other municipalities.
These revisions have been made.
Again, some of the most important changes to the City's Comprehensive Plan
include:
Creating a new Educational Facilities Element to the Plan. As in any other
element Goals, Objective and Policies are stated to outline the vision of the City.
In this case, as in the case of Interlocal, there has been a concerted effort by the
School System, Miami-Dade County and staff from a majority of the
municipalities to create the GOP's and data and analysis.
1
r
Amending the Intergovernmental Coordination Element to strengthen and/or add
policies to meet the intent of the Interlocal and Florida Statute.
Amending the Capital Improvement Element to strengthen and/or add policies to
meet the intent of the Interlocal and Florida Statute.
Adding to the Capital Improvement Element a section creating the concurrency
Level of Service Standard for public schools and additional wording to the
Concurrency Management System requiring the review of residential
development for school concurrency.
Adding the requirement that the Miami-Dade County Public Schools Facilities
Work Program (as amended yearly) must be referenced in all municipal Capital
Improvements Programs.
After adoption by the City upon second reading of the Ordinance, the
amendments will be transmitted to the State for final sufficiency review. The City
anticipates that its revisions fully address DCA's objections, recommendations
and comments.
RECOMMENDATION
Approval to transmit the Adopted Amendments to the Comprehensive Plan
(Elements) to the Florida Department of Community Affairs ..for review and
*'
comment.
2
City Commission
Norman S. Edelcup
Mayor
Lewis J. Thaler
Vice Mayor
Roslyn Brezin
Commissioner
Gerry Goodman
Commissioner
George f1Bud" Scholl
Commissioner
A. John Szerlag
City Manager
Hans Ottino!
City Attorney
Jane A. Hines
City Clerk
September 22, 2008
Alex A. David, AICP
Bell David Planning Group, Inc.
1019NE 104th Street
Miami Shores, Florida 33138
Re:
Approval of Request for Withdrawal
Dear Mr. David:
At its regular meeting of September 18, 2008, the City Commission adopted
Ordinance No. 2008-310, amending the City's adopted Comprehensive Plan by
adding a Public School Facilities Element and amending the Capital Coordination
Element and the Intergovernmental Coordination Element. Additionally, the
Local Planning Agency adopted LPA Resolution No. 2008-51 recommending the
ordinance to the City Commission.
Please note that Section 3. of the Ordinance directs Bell David to transmit the
Amendments to the State Department of Community Affairs. As such, enclosed is
a copy of approving legislation to assist you in processing this item.
Thank you.
Very truly yours,
~~W~
Priscilla Walker, CMC
Deputy City Clerk/Office Manager
Enclosures
cc: Robert Solera, Community Development Director
Bell David - Transit Adoption of Education Facilities & Capitallmprov Ltr
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