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Home My Public Portal AboutFebruary 6, 2009South Florida Regional Planning Council February 6, 2009 The Honorable Robert Vernon Mayor Village of Key Biscayne 85 W. McIntyre Street Key Biscayne, FL 33149 Dear Mayor Vernon: At its February 2, 2009 meeting, the Council considered adopted Local Government Comprehensive Plan amendment #08-PEFE1 for the Village of Key Biscayne. Council action, pursuant to Chapter 163, Florida Statutes, found the amendment to be generally consistent with the Strategic Regional Policy Plan for South Florida. The Council, by the same motion, approved the transmittal of the enclosed agenda item to the Florida Department of Community Affairs. Please call if you have any questions. Sincerely, akOLL Carolyn A. Dekle Executive Director CAD/ tnb Enclosure cc: Jud Kurlancheek 3440 Hollywood Boulevard, Suite 140, Hollywood, Florida 33021 Broward (954) 985-4416, State (800) 985-4416 FAX (954) 985-4417, email: sfadmin@sfrpc.com, website: www.sfrpc.com South Florida Regional Planning Council 4* MEMORANDUM AGENDA ITEM #7a DATE: TO: FROM: SUBJECT: FEBRUARY 2, 2009 COUNCIL MEMBERS STAFF ADOPTED PUBLIC EDUCATION FACILITIES ELEMENT/CAPITAL IMPROVEMENTS ELEMENT UPDATE COMPREHENSIVE PLAN AMENDMENTS Introduction Council staff has received adopted plan amendments from the following municipalities: Key Biscayne, Miami -Dade County, Miami Shores, and Surfside for review of consistency with the Strategic Regional Policy Plan for South Florida (SRPP). Their adopted amendments are to include a new Public Education Facilities Element and update the Capital Improvement Element respectively. Staff review is undertaken pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Part II, Florida Statutes (F.S.), and Rules 9J-5 and 9J-11, Florida Administrative Code (F.A.C.). Public Education Facilities Element and Related Amendments The adopted Public Education Facilities Element and related text amendments have been transmitted pursuant to the 2005 Growth Management legislation. The legislation requires that local governments and school boards adopt a school concurrency program, update existing public schools interlocal agreements, establish level of service standards to define school capacity, and adopt a Public School Facilities Element into their comprehensive plan to implement a school concurrency program. The school concurrency program must ensure that adequate school capacity to support new development either exists or will be in place or under actual construction within three years after the issuance of final subdivision or site plan approval, or the functional equivalent. The interlocal agreement establishes procedures that will be followed in coordinating land use and public school planning. Since the legislation was passed, working groups have been formed in both Miami -Dade and Broward Counties to develop the adopted amendments. Each working group included representatives from the applicable County Public Schools, all affected local governments and the development community. Because of the efforts of the Working Groups, within each county the amendments have been coordinated and each local government is adopting similar amendments. 3440 Hollywood Boulevard, Suite 140, Hollywood, Florida 33021 Broward (954) 985-4416, State (800) 985-4416 FAX (954) 985-4417, e-mail: sfadmin(sfrpc.com, website: sfrpc.com Summary of Staff Analysis for Miami -Dade County Amendments Miami -Dade County and the 27 non-exempt municipalities in the County were required to adopt the Public Education Facilities Element, related comprehensive plan text amendments and the Amended and Restated Interlocal Agreement for Public School Facility Planning in Miami -Dade County (ILA) by January 1, 2008. The adopted Public Educational Facilities Element amendments add new goals, objectives and supporting policies to coordinate new residential development with future availability of public school facilities consistent with the adopted level of service (LOS) standards for public school concurrency. The initially proposed LOS standard for public school facilities is 100% utilization of Florida Inventory of School Houses (FISH) capacity beginning January 1, 2008. This standard would allow for the use of relocatable classrooms and provides that when public school facilities achieve 100% utilization of Permanent FISH (no relocatable classrooms) they should no longer rely on relocatable classrooms except in temporary "operational" situations such as remodeling, renovation or expansion of a facility. The proposed amendments include an additional policy, which establishes a goal of achieving 100% Permanent FISH capacity in all public school facilities in the County by January 1, 2018. Amendments to the Intergovernmental Coordination Element provide a formal process for intergovernmental coordination and establish specific coordination activities to occur on a regular basis. Capital Improvement Element amendments allow the applicable local government to prepare and adopt a five year capital improvements program that includes school facilities. The only local government in Miami -Dade County adopting a Public Education Facilities Element and related text amendments this month is the Village of Key Biscayne. A table with information regarding the vote on the amendment follows. Staff analysis confirms that the adopted text amendments are compatible with and supportive of the goals and policies of the Strategic Regional Policy Plan for South Florida. Capital Improvements Element Update Amendments Every year local governments must update their Capital Improvements Element (CIE), including the Five -Year Schedule of Capital Improvements (Schedule). The purpose of the CIE and the Schedule is to identify the capital improvements that are needed to implement the Comprehensive Plan and ensure that adopted Level of Service (LOS) Standards are achieved and maintained for concurrency related facilities (sanitary sewer, solid waste, drainage, potable water, parks and recreation, schools, transportation facilities, including mass transit, where applicable, and public school facilities starting in 2008). In order to assure that facilities will be in place to maintain LOS standards in a timely manner, the Schedule must address deficiencies and be financially feasible. The adopted update amendment must be received by the Department of Community Affairs (DCA) by December 1 of each year. The annual update amendment is exempt from the twice -per -year limitation on plan amendment adoptions and may be adopted by a local government with only one public hearing. Under this expedited process, the local government does not transmit the annual update as a proposed amendment and DCA does not issue an Objections, Recommendations and Comments (ORC) Report. Instead, the 2 local government simply adopts the CIE annual update amendment at a duly noticed public hearing, sends the adopted amendment to DCA, and DCA publishes a Notice of Intent after conducting a compliance review. However, a local government may elect to submit the annual update as a proposed amendment for review just like other large scale amendments. Local governments with no scheduled improvements must still annually review and revise, as necessary, the CIE. If the annual review establishes that no capital improvement projects need be included in the Schedule, then the annual update should demonstrate that LOS Standards will be maintained during the next five-year planning period and, thus, no capital improvements need be scheduled. Effective December 1, 2008, if the adopted annual CIE update amendment is not received by DCA by December 1 of each year, the local government is prohibited from adopting Future Land Use Map changes, except for amendments to meet new statutory requirements and emergency amendments, until the update amendment is submitted to the Department. This prohibition on future amendments also applies to small scale amendments. The local governments adopting the CIE annual update amendments this month are the following municipalities: Miami -Dade County, Miami Shores, and Surfside. A table with information regarding the local government's vote on the amendment follows. Miami -Dade County Miami Shores 08-CIE1 08-CIE1 November 20, 2008 9-1 January 6, 2009 5-0 Surfside 08-CIE1 December 9, 2008 4-1 Staff analysis confirms that the adopted text amendments are compatible with and supportive of the goals and policies of the Strategic Regional Policy Plan for South Florida. Recommendation Find the adopted plan amendments from the Village of Key Biscayne related to public school facility concurrency, and the municipalities of Miami -Dade County, Miami Shores, and Surfside, related to the CIE, generally consistent with the Strategic Regional Policy Plan for South Florida. Approve this staff report for transmittal to the Florida Department of Community Affairs. 3