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HomeMy WebLinkAboutDecember 1, 2010 Zoning Agenda Zoning Agenda December 1, 2010 Page 1 of 3 CITY OF MIAMI GARDENS ZONING AGENDA Meeting Date: December 1, 2010 1515 NW 167th St., Bldg. 5, Suite 200, Miami Gardens, Florida 33169 Phone: (305) 622-8000 Fax: (305) 622-8001 Website: www.miamigardens-fl.gov Time: 7:00 p.m. Mayor Shirley Gibson Vice Mayor Aaron Campbell Jr. Councilwoman Lisa C Davis Councilman André Williams Councilwoman Felicia Robinson Councilwoman Sharon Pritchett Councilman Oliver G. Gilbert III City Manager Dr. Danny O. Crew City Attorney Sonja K. Dickens City Clerk Ronetta Taylor, MMC City of Miami Gardens Ordinance No. 2007-09-115, requires all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay an annual fee of $250.00. This applies to all persons who are retained (whether paid or not) to represent a business entity or organization to influence “City” action. “City” action is broadly described to include the ranking and selection of professional consultants, and virtually all-legislative, quasi-judicial and administrative action. All not-for-profit organizations, local chamber and merchant groups, homeowner associations, or trade associations and unions must also register however an annual fee is not required. 1. CALL TO ORDER/ROLL CALL OF MEMBERS: 2. INVOCATION: 3. PLEDGE OF ALLEGIANCE: 4 4. APPROVAL OF MINUTES: 4-A) November 3, 2010 – Regular Zoning Minutes 5. AGENDA ORDER OF BUSINESS (ADDITIONS/DELETIONS/AMENDMENTS) BUSINESS (Items shall be pulled from the Consent Agenda at this time): Page 1 of 243 Zoning Agenda December 1, 2010 Page 2 of 3 6. PRESENTATION(S) 7. CONSENT AGENDA None 8. FIRST READING (ORDINANCE)/PUBLIC HEARING(S) None 9. ORDINANCE(S) SECOND READING/PUBLIC HEARING(S) 9-A) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE APPLICATION SUBMITTED BY PASTOR JOSEPH E. NICOLAS FOR THE PRINCE OF PEACE MORAVIAN CHURCH FOR THE REZONING OF THE PROPERTY LOCATED AT 1850 N.W. 183RD STREET AND 18145 N.W. 19TH AVENUE, MORE PARTICULARLY DESCRIBED ON EXHIBIT “A”, ATTACHED HERETO, FROM R-1, SINGLE FAMILY RESIDENTIAL AND OF, OFFICE DISTRICT TO NC, NEIGHBORHOOD COMMERCIAL; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. (1st Reading – November 3, 2010) (SPONSORED BY THE CITY MANAGER 10. RESOLUTION(S)/PUBLIC HEARING(S): 10-A) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE APPLICATION SUBMITTED BY MIAMI MONEY MARKET INC., FOR A SPECIAL EXCEPTION USE TO ALLOW A PAWN SHOP IN THE CITY’S PCD, PLANNED CORRIDOR DEVELOPMENT AT PROPERTY LOCATED AT 16601 N.W. 27TH AVENUE, MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO; PROVIDING FOR A DECLARATION OF RESTRICTIVE COVENANTS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (Deferred from 11/03/2010) (SPONSORED BY THE CITY MANAGER) 10-B) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA APPROVING THE APPLICATION SUBMITTED BY PASTOR JOSEPH NICOLAS FOR THE PRINCE OF PEACE MORAVIAN CHURCH FOR PROPERTY LOCATED AT 1850 N.W. 183 STREET AND 18145 N.W. 19 AVENUE, MORE PARTICULARLY DESCRIBED ON EXHIBIT “A” ATTACHED Page 2 of 243 Zoning Agenda December 1, 2010 Page 3 of 3 HERETO, FOR A VARIANCE OF SECTION 34-381 OF THE CITY’S LAND DEVELOPMENT CODE TO ALLOW 132 PARKING SPACES WHERE 223 PARKING SPACES ARE REQUIRED; PROVIDING FOR DECLARATION OF RESTRICTIVE COVENANTS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) 10-C) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA APPROVING THE APPLICATION SUBMITTED BY DARPHINE L. SNELL FOR THE VACATION OF A 25.0’ WIDE PORTION OF “THEORETICAL N.W. 33 AVENUE” NORTH OF MIAMI GARDENS DRIVE, MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” HERETO; PROVIDING FOR INSTRUCTIONS TO THE CITY MANAGER; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) 11. CITY MANAGER’S REPORT 11-A) Miami-Dade County School Board Interlocal Agreement Amendments 12. ADJOURNMENT IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT OF 1990, ALL PERSONS WHO ARE DISABLED AND WHO NEED SPECIAL ACCOMMODATIONS TO PARTICIPATE IN THIS MEETING BECAUSE OF THAT DISABILITY SHOULD CONTACT RONETTA TAYLOR, CITY CLERK (305) 622-8003, NOT LATER THAN 48 HOURS PRIOR TO SUCH PROCEEDING. TDD NUMBER 1-800-955-8771. ANYONE WISHING TO OBTAIN A COPY OF ANY AGENDA ITEM MAY CONTACT RONETTA TAYLOR, MMC, CITY CLERK (305) 622-8003. ANYONE WISHING TO APPEAL ANY DECISION MADE BY THE CITY OF MIAMI GARDENS WITH RESPECT TO ANY MATTER CONSIDERED AT SUCH MEETING OR 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 RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Please turn-off all beepers and cellular telephones to avoid interrupting the council meeting. Page 3 of 243 1515 N.W. 167 STREET, BUILDING 5 SUITE 200 MIAMI GARDENS, FLORIDA 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: December 1, 2010 Item Type: Resolution Ordinance Other X Fiscal Impact: Yes No Ordinance Reading: 1st Reading 2nd Reading X X Public Hearing: Yes No Yes No X Funding Source: Advertising Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: N/A Sponsor Name City Manager Department: Planning and Zoning Short Title: ORDINANCE No. 2010-AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE APPLICATION SUBMITTED BY PASTOR JOSEPH E. NICOLAS FOR THE PRINCE OF PEACE MORAVIAN CHURCH FOR THE REZONING OF THE PROPERTY LOCATED AT 1850 N.W. 183 STREET AND 18145 N.W. 19 AVENUE, MORE PARTICULARLY DESCRIBED ON EXHIBIT “A,” ATTACHED HERETO, FROM R-1, SINGLE FAMILY RESIDENTIAL AND OF, OFFICE DISTRICT TO NC, NEIGHBORHOOD COMMERCIAL; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE Staff Summary: Application No. PH 2010-000057 The Applicant, Pastor Joseph E. Nicolas, representing The Prince of Peace Moravian Church is requesting the rezoning of a 3.09 acre parcel of land located at the southeast corner of N.W. 183 Street and N.W. 19 Avenue from R-1, Single Family Residential District, and from OF, Office District to NC, Neighborhood Commercial District, which would allow, as a permitted use, the existing place of religious assembly and a proposed expansion for a 6,724 square feet fellowship/banquet hall. The Ordinance passed by a vote of 5-0 at the first reading on November 3, 2010. IITEM 9-A) ORDINANCE FIRST READING/PUBLIC HEARING Rezoning Application of Prince of Peace Moravian Church Page 4 of 243 Proposed Action: Staff recommends granting the rezoning from R-1, Single Family Residential, and OF, Office to NC, Neighborhood Commercial on the property located at 1850 N.W. 183 Street and 18145 N.W. 19 Avenue. Attachment: EXHIBIT “A” LEGAL DESCRIPTION EXHIBIT “B” STAFF RECOMMENDATION Page 5 of 243 ORDINANCE NO. 2010 ____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE APPLICATION SUBMITTED BY PASTOR JOSEPH E. NICOLAS FOR THE PRINCE OF PEACE MORAVIAN CHURCH FOR THE REZONING OF THE PROPERTY LOCATED AT 1850 N.W. 183RD STREET AND 18145 N.W. 19TH AVENUE, MORE PARTICULARLY DESCRIBED ON EXHIBIT “A”, ATTACHED HERETO, FROM R-1, SINGLE FAMILY RESIDENTIAL AND OF, OFFICE DISTRICT TO NC, NEIGHBORHOOD COMMERCIAL; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, Pastor Joseph E. Nicolas (“Applicant”), representing The Prince of Peace Moravian Church, is requesting the rezoning of a 3.09 acre parcel of land located at the southeast corner of N.W. 183rd Street and N.W. 19th Avenue from R-1, Single Family Residential District, and from OF, Office District to NC, Neighborhood Commercial District, and WHEREAS, this would allow, as a permitted use, the existing place of religious assembly and a proposed expansion for a 6,724 sq. ft. fellowship/banquet hall, and WHEREAS, the City Council held a public hearing on the application on November 3, 2010, and WHEREAS, the City’s Planning and Zoning staff has made a comprehensive determination that the application is consistent with the Comprehensive Development Master Plan, and WHEREAS, the City’s Planning and Zoning staff recommends approval of the application, and Page 6 of 243 WHEREAS, the City Council considered the testimony of the Applicant, if any, and WHEREAS, the City Council also considered the testimony of the City’s Planning and Zoning staff and the staff report attached hereto as Exhibit “B”, incorporated herein by reference, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Ordinance. Section 2. APPROVAL: The City Council of the City of Miami Gardens, Florida hereby approves the application submitted by the Applicant for the rezoning of the property generally located at 1850 N.W. 183rd Street and 18145 N.W. 19th Avenue, more particularly described on Exhibit “A” and attached hereto for a rezoning from R-1, Single Family Residential District and from OF, Office District to NC, Neighborhood Commercial District. Section 3. CONFLICT: All ordinances or Code provisions in conflict herewith are hereby repealed. Section 4. SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. Page 7 of 243 Section 5. EFFECTIVE DATE: This Ordinance shall become effective immediately upon its final passage. PASSED ON FIRST READING ON THE _____ DAY OF __________, 2010. PASSED ON SECOND READING ON THE ____ DAY OF _________, 2010. ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE _____ DAY OF ______________, 2010. _________________________ _______ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK Prepared by SONJA K. DICKENS, CITY ATTORNEY SPONSORED BY: DR. DANNY CREW, CITY MANAGER Moved by: __________________ Second by: _________________ VOTE: _________ Mayor Shirley Gibson ____ (Yes) ____(No) Vice Mayor Aaron Campbell, Jr. ____ (Yes) ____(No) Councilwoman Lisa Davis ____ (Yes) ____(No) Page 8 of 243 Councilman Oliver Gilbert, III ____(Yes) ____(No) Councilwoman Sharon Pritchett ____ (Yes) ____(No) Councilman Andre’ Williams ____(Yes) ____(No) Page 9 of 243 EXHIBIT “A” LEGAL DESCRIPTION Page 10 of 243 EXHIBIT “A” LEGAL DESCRIPTION LOTS 22 THROUGH 26, BLOCK 3, LESS THE NORTH 15 FEET FOR RIGHT OF WAY, “SUNNY ISLES INLAND”, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 44, PAGE 69 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA Page 11 of 243 EXHIBIT “B” STAFF RECOMMENDATION Page 12 of 243 STAFF RECOMMENDATION PH-2010-000057 APPLICATION INFORMATION Applicant: Prince of Peace Moravian Church Property Location: 1850 N.W. 183 Street and 18145 N.W. 19 Avenue Property Size: 3.09acres Future Land Use: Neighborhood Existing Zoning: R-1, Single Family Residential, OF, Office Requested Action(s): 1. Rezone to NC, Neighborhood Commercial RECOMMENDATION: Staff recommends granting the rezoning from R-1, Single Family Residential and OF, Office to NC, Neighborhood Commercial on the 3.09 acre property located at 1850 N.W. 183 Street and 18145 N.W. 19 Avenue. REVIEW AND ANALYSIS: Neighborhood Land Use Characteristics Property Future Land Use Designation Zoning Classification Existing Use Site Neighborhood R-1, Single Family Residential Place of Religious Assembly North Neighborhood R-1, Single Family Residential Single Family Residential South Neighborhood R-1 Single Family Residential Single Family Residential East Neighborhood OF, Office Commercial Shopping Center West Neighborhood R-1, Single Family Residential Place of Religious Assembly The subject property is 3.09 acres located at the southeast corner of N.W. 183 Street and N.W. 19 Avenue developed with a place of religious assembly with offices, school, and caretakers home as accessory uses. Properties to the north are separated by N.W. 183 Street and are developed with single family homes. Properties to the south are developed with single family homes. Property to the east is developed as a shopping center and to the west is developed as another place of religious assembly. Project Summary/Background Page 13 of 243 • The applicant is requesting a rezoning of the 3.09 acre parcel which is partially zoned R-1, Single Family Residential and partially zoned OF, Office to NC, Neighborhood Commercial which would bring the existing use, as a place of religious assembly, into conformity with the City’s Zoning and Land Development Code and will allow for the proposed expansion for a 6,724 square feet fellowship/banquet hall. The City’s Zoning and Land Development Code allows places of assembly as a permitted use in the NC, Neighborhood Commercial or the PCD, Planned Area Development districts. • The applicant has presented a site plan (attached) depicting the existing and proposed development for the property. The site plan will be subject to site plan review by the City’s Development Review Committee (DRC) and will be subject to the City Council granting a parking variance if the rezoning is approved. The site plan depicts that 233 parking spaces would be required for the all the uses proposed on the property and 132 parking spaces are provided. The applicant has submitted a parking analysis that will be reviewed during the DRC review and will be included in the staff’s recommendation for the parking variance to be heard after the second reading of the Ordinance for the rezoning. • The rezoning to NC, Neighborhood Commercial would allow an extensive list of commercial and non-residential uses including places of assembly. (See attachment, Permitted Use List Comparison, NC, Neighborhood Commercial, and R-1, Single Family Residential and OF, Office). Zoning History On February 27, 1985 the Metropolitan Dade County Zoning Appeals Board adopted Resolution 4-ZAB-68-85 approving a use variance and special exception with non-use variances to permit the existing place of religious assembly in what was then the RU-1, Single Family district and RU-5A, Professional Office district. Consistency with City of Miami Gardens Comprehensive Development Master Plan The primary objective of the Neighborhood designation as outlined in Objective 1.2 of the Comprehensive Development Master Plans is as follows: “The Neighborhood land use designation applies to areas intended for low and medium density residential development with supporting commercial and office uses. The designation of Neighborhood is specifically intended to protect single family homes from encroachment or intrusion from incompatible land uses.” The property has been developed with a non-residential use for over 25 years and is located along the heavily travelled corridor of N.W. 183 Street at N.W. 19 Avenue. The north portion of the site is currently zoned OF, Office so the rezoning to NC, Neighborhood Commercial would allow, not only the places of assembly, but also a list of supportive commercial and office uses that are already permitted but that would also be appropriate for the location without the encroachment or intrusion of the single family neighborhood in the area. Conclusion: From these factors listed above it can be concluded the existing and proposed development of the place of assembly is a supportive neighborhood use and would not be an encroachment or intrusion while protecting the single family residential neighborhood from Page 14 of 243 incompatible uses and therefore the rezoning is consistent with the policies of the City’s Comprehensive Development Master Plan. Zoning Review and Analysis The City Council may grant the rezoning of the properties subject to meeting the criteria set forth in Section 2-100 (F) of the City’s Land Development Regulations: (F) “Criteria for granting of amendments or adoption of changes to the text of the LDRs, or change of the actual official zoning map designation of a parcel or parcels. The detriments or benefits of amendments or adoption of changes to the text of the LDRs, or change of the actual official zoning map designation of a parcel or parcels shall not be denied consideration on the grounds that they are indirect, intangible or not readily quantifiable. In evaluating the application, among other factors related to the general welfare the following shall be considered: a. The development permitted by the application, if granted, conforms to the City’s Comprehensive Development Master Plan; is consistent with applicable area or neighborhood studies or plans, and would serve a public benefit warranting the granting of the application at the time it is considered; b. The development permitted by the application, if granted, will have a favorable or unfavorable impact on the environmental and natural resources of the City, including consideration of the means and estimated cost necessary to minimize the adverse impacts; the extent to which alternatives to alleviate adverse impacts may have a substantial impact on the natural and human environment; and whether any irreversible or irretrievable commitment of natural resources will occur. c. The development permitted by the application, if granted, will have a favorable or unfavorable impact on the economy of City of Miami Gardens, Florida; d. The development permitted by the application, if granted, will efficiently use or unduly burden water, sewer, solid waste disposal, recreation, education or other necessary public facilities which have been constructed or planned and budgeted for construction; e. The development permitted by the application, if granted, will efficiently use or unduly burden or affect public transportation facilities, including mass transit, roads, streets and highways which have been constructed or planned and budgeted for construction, and if the development is or will be accessible by public or private roads, streets or highways.” In analyzing the proposed rezoning request and how it is in compliance with the above noted criteria for granting the rezoning, consideration was given to all the possible uses for the property with the proposed NC, Neighborhood Commercial zoning designation. (see attachment, Permitted Use List Comparison, NC, Neighborhood Commercial, R-1 Single Family Residential, and OF, Office). The property has been developed as a place of assembly since 1985 and is currently partially zoned for Office uses. The southern portion that is zoned R-1 has a single family home used as the caretakers quarters maintaining the residential characteristics of the neighborhood to south. The planned expansion of a fellowship/banquet hall for the exclusive use of the congregation and not for general public use does not create any new detrimental impacts as it is a logical expansion of the existing place of religious assembly use. Conclusion: The rezoning of the property meets the criteria in the granting of the rezoning from R-1, Single Family Residential and OF, Office to NC, Neighborhood Commercial. Page 15 of 243 Anticipated Facilities Impact General: There is no change of us on the property so there are no anticipated additional impacts to the public facilities and services. Concurrency determinations are not finalized during the zoning approval process. Public Notification/Comments In accordance with the Land Development Regulations, two (2) notifications of the applicant’s requests were mailed to property owners within a half mile (1/2) radius of the subject site to provide them an opportunity to comment on the application. No comments were received from property owners within that radius at the date of this writing. (See Mailed Notice Radius Map, attached). Attachments: Public Hearing Checklist Letter of Intent Hearing Map-Zoning Hearing Map-Aerial Mailed Notice Affidavit Mailed Notice Radius Map Submitted Plans and Survey Permitted Use List Comparison NC, Neighborhood Commercial and R-1, Single Family Residential and OF, Office Transmittal Notice Page 16 of 243 Page 17 of 243 Page 18 of 243 Page 19 of 243 Page 20 of 243 Page 21 of 243 Page 22 of 243 Page 23 of 243 Page 24 of 243 Page 25 of 243 Page 26 of 243 Page 27 of 243 Page 28 of 243 Page 29 of 243 Page 30 of 243 Page 31 of 243 Page 32 of 243 Page 33 of 243 Page 34 of 243 Page 35 of 243 Page 36 of 243 Page 37 of 243 Page 38 of 243 Page 39 of 243 Page 40 of 243 Page 41 of 243 Page 42 of 243 Page 43 of 243 Page 44 of 243 Page 45 of 243 Page 46 of 243 Page 47 of 243 Page 48 of 243 Page 49 of 243 Page 50 of 243 Page 51 of 243 Page 52 of 243 1515 N.W. 167 STREET, BUILDING 5 SUITE 200 MIAMI GARDENS, FLORIDA 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: December 1, 2010 Item Type: Resolution Ordinance Other X Fiscal Impact: Yes No Ordinance Reading: 1st Reading 2nd Reading n/a X Public Hearing: Yes No Yes No X Funding Source: Advertising Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: N/A Sponsor Name City Manager Department: Planning and Zoning Short Title: RESOLUTION No. 2010-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE APPLICATION SUBMITTED BY MIAMI MONEY MARKET INC., FOR A SPECIAL EXCEPTION USE TO ALLOW A PAWN SHOP IN THE CITY’S PCD, PLANNED CORRIDOR DEVELOPMENT AT PROPERTY LOCATED AT 16601 N.W. 27TH AVENUE, MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO; PROVIDING FOR A DECLARATION OF RESTRICTIVE COVENANTS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: Application No. PH 2010-000055 The applicant, Miami Money Market, Inc. is requesting a special exception use to allow a pawn shop at 16601 N.W. 27th Avenue, a/k/a formerly Nemo’s Seafood Restaurant. The building and site will be renovated and improved to provide adequate parking, landscaping and signage. Pawn shops are only permitted as special exception uses in the City’s PCD, Planned Corridor Development, NC, Neighborhood Commercial, and I-1, I-2 Light and Heavy Industrial districts. The business of pawnbrokers is regulated by the Chapter 539 F.S. ITEM 10A) RESOLUTION PUBLIC HEARING Application of Miami Money Market Inc. Page 53 of 243 At the November 3, 2010 City Council Zoning meeting, after discussion and the public hearing, the item was deferred by Council at request of the applicant. Proposed Action: Staff recommends approval of the Resolution with conditions. The conditions are as follows: 1. That the plans submitted for building permit be substantially in compliance with plans submitted with the special exception application titled “Miami Money Market” as prepared by Juan A. Rodriquez, RA consisting of sheets A2.01, A3.01, A4.01, A5.01, L1.01, dated stamped received Sept. 3, 2010. 2. That the applicant submit and obtain a landscape plan approval from the Planning and Zoning Department prior to the issuance of building permit for the building, said plans meeting the approval of the Planning and Zoning Department. 3. That the business operation hours shall be limited to be between the hours of 7:00am to 10:00pm Monday to Saturday, and 10:00am to 7:00pm on Sundays. 4. In the event the operation becomes a burden, disruption to the detriment of the surrounding area, or becomes a law enforcement problem the City may revoke and terminate the C.U. and/or the special exception use approval. 5. That the applicant proffer an executed Declaration of Restrictive Covenants incorporating the conditions of the special exception use approval to the City upon adoption of this Resolution. 6. In the event the Applicant intends to transfer ownership of the “pawn shop” business, the Applicant agrees that the City Council shall have the right to approve the person or entity to whom the business will be transferred, prior to such transfer. The City Council will not unreasonably withhold approval. 7. References to the term “Pawnshop” will not be used in the description of the name of the business. The Applicant agrees that the business will operate under the name “Miami Gardens Jewelry and Loans”. 8. No guns or other firearms will be sold or accepted on the premises. Attachment: Exhibit “A” Legal Description Exhibit “C” Declaration of Restrictive Covenants Exhibit “B” Staff Recommendation Page 54 of 243 1 RESOLUTION No. 2010-2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 4 MIAMI GARDENS, FLORIDA, APPROVING THE APPLICATION 5 SUBMITTED BY MIAMI MONEY MARKET INC., FOR A SPECIAL 6 EXCEPTION USE TO ALLOW A PAWN SHOP IN THE CITY’S 7 PCD, PLANNED CORRIDOR DEVELOPMENT AT PROPERTY 8 LOCATED AT 16601 N.W. 27TH AVENUE, MORE 9 PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED 10 HERETO; PROVIDING FOR A DECLARATION OF RESTRICTIVE 11 COVENANTS; PROVIDING FOR THE ADOPTION OF 12 REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 13 14 WHEREAS, Miami Money Market Inc., (“Applicant”) is requesting a special 15 exception use to allow a pawn shop at 16601 N.W. 27th Avenue, more particularly 16 described on Exhibit “A” attached hereto, and 17 WHEREAS, currently pawn shops are only permitted as special exception uses 18 in the City’s PCD, Planned Corridor Development, NC, Neighborhood Commercial, and 19 I-1, I-2 Light and Heavy Industrial districts, and 20 WHEREAS, the City’s Planning and Zoning staff recommends approval of the 21 application subject to certain restrictions, and 22 WHEREAS, the City Council considered the testimony of the Applicant, if any, 23 and 24 WHEREAS, the City Council also considered the testimony of the City’s Planning 25 and Zoning staff, and the staff report is attached hereto as Exhibit “B”, and is 26 incorporated herein by reference, 27 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 28 OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Page 55 of 243 Section 1. ADOPTION OF REPRESENTATIONS: 1 The foregoing Whereas 2 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 3 made a specific part of this Resolution. 4 Section 2. APPROVAL: The City Council of the City of Miami Gardens, 5 Florida hereby grants Miami Money Market, Inc., a special exception to allow for a pawn 6 shop in the City’s PCD, Planned Corridor Development at 16601 N.W. 27th Avenue, 7 subject to the conditions outlined in the Declaration of Restrictions attached hereto as 8 Exhibit “C”. 9 Section 3. DECLARATION OF RESTRICTIONS: The City Council of the City 10 of Miami Gardens, Florida hereby approves the Declaration of Restrictive Covenants 11 attached hereto as Exhibit “C”. 12 Section 4. EFFECTIVE DATE: This Resolution shall take effect immediately 13 upon its final passage. 14 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS 15 AT ITS REGULAR MEETING HELD ON________________ ___. 16 17 18 _________________________________ 19 SHIRLEY GIBSON, GIBSON, MAYOR 20 ATTEST: 21 22 23 24 _________________________________ 25 RONETTA TAYLOR, MMC, CITY CLERK 26 27 28 PREPARED BY: SONJA K. DICKENS, CITY ATTORNEY 29 30 31 SPONSORED BY: DR. DANNY CREW, CITY MANAGER Page 56 of 243 1 2 3 4 MOVED BY:_____________________ 5 6 7 8 VOTE: _____ 9 10 Mayor Shirley Gibson (Yes) ___(No) 11 Vice Mayor Aaron Campbell (Yes) ___(No) 12 Councilman Oliver Gilbert, III (Yes) ___(No) 13 Councilwoman Lisa Davis (Yes) ___(No) 14 Councilwoman Sharon Pritchett (Yes) ___(No) 15 Councilman André Williams (Yes) ___(No) 16 17 18 Page 57 of 243 EXHIBIT “A” LEGAL DESCRIPTION Page 58 of 243 EXHIBIT “A” LEGAL DESCRIPTION LOT 8 AND THE SOUTH 24 FEET OF LOT 7, BLOCK 1, OF NORTHWEST 27TH AVENUE HEIGHTS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 47, AT PAGE 55 OF PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA ADDRESS: 16601 N.W. 27 AVENUE, CITY OF MIAMI GARDENS Page 59 of 243 Return to: (enclose self-addressed stamped envelope) Ronetta Taylor, City Clerk 1515 N.W. 167th Street Building 5, Suite 200 Miami Gardens, Florida 33169 This Instrument Prepared by: Sonja K. Dickens, Esquire 1515 N.W. 167th Street Building 5, Suite 200 Miami Gardens, Florida 33169 SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR PROCESSING DATA DECLARATION OF RESTRICTIONS WHEREAS, Miami Money Market, Inc. ("Applicant"), owns certain property located at 16601 N.W. 27th Avenue ("Property"), more particularly described on Exhibit "A," attached hereto, and WHEREAS, the Applicant filed an Application with the City of Miami Gardens for a special exception use to allow for a pawn shop in the PCD, Planned Corridor Development District. IN ORDER TO ASSURE the City of Miami Gardens that the representations made by the Applicant will be abided by, the Applicant, subject only to conditions contained herein, freely, voluntarily and without duress, makes the following Declaration of Restrictions covering and running with the Property: 1. Site Plan. The development be substantially in compliance with plans submitted with the special exception application entitled “Miami Money Market” as prepared by Juan A. Rodriquez, RA consisting of sheets A2.01, A3.01, A4.01, A5.01, L1.01, dated stamped received Sept. 3, 2010. 2. Operation and Maintenance Restrictions. a. That the Applicant submits and obtains a landscape plan approval from the Planning and Zoning Department prior to the issuance of a certificate of Page 60 of 243 Page 2 of 5 occupancy of the building. Said plans shall meet the approval of the Planning and Zoning Department. b. That the business operation hours be limited to 7:00 am to 10:00 pm Monday to Saturday, and 10:00 am to 7:00 pm on Sundays. c. In the event the operation becomes a detriment to the surrounding area and/or affects the health, safety or welfare of the surrounding citizens and/or businesses, the City may revoke and terminate the certificate of use and/or the special exception use approval, upon a public hearing before the City Council. d. In the event the Applicant intends to transfer ownership of the “pawn shop” business, the Applicant agrees that the City Council shall have the right to approve the person or entity to whom the business will be transferred, prior to such transfer. The City Council will not unreasonably withhold approval. e. References to the term “Pawnshop” will not be used in the description of the name of the business. The Applicant agrees that the business will operate under the name “Miami Gardens Jewelry and Loans”. f. No guns or other firearms will be sold or accepted on the premises. 3. City Inspection. As further part of this Declaration, it is hereby understood and agreed that any official inspector of the City, or its agents duly authorized, may have the privilege at any time during normal working hours of entering and inspecting the use of the premises to determine whether or not the requirements of the building and zoning regulations and the conditions herein agreed to are being complied with. 4. Covenant Running With The Land. This Declaration on the part of the Applicant shall constitute a covenant running with the land and shall remain in full force and effect and be binding upon the Applicant, and his heirs, successors and assigns until such time as the same is modified or released. These restrictions during their lifetime shall be for the benefit of, and limitation upon, all present and future owners of the real property and for the public welfare. 5. Term. This Declaration is to run with the land and shall be binding on all parties and all persons claiming from the date this Declaration is recorded. This Declaration shall be in effect for a period of thirty (30) years from the date of recordation in the public records of Miami-Dade County, Florida, after which time it shall be automatically extended for periods of ten (10) years. This Declaration may be modified, amended or released as to the Property or any portion thereof by a written instrument executed by the then Applicant(s) of the Property, and applicable mortgagees, if any, provided that same is approved by the City Council after public hearing. In such event, the Mayor or City Manager shall Page 61 of 243 Page 3 of 5 execute a written instrument suitable for recordation acknowledging such modification, amendment or release. 6. Modification, Amendment, Release . This Declaration of Restrictions may be modified, amended or released as to the land herein described, or any portion thereof, by a written instrument executed by the, then, owner(s) of all of the Property, including joinders of all mortgagees, if any, provided that the same is also approved by the City, or other procedure permitted under the City's Code, whichever by law has jurisdiction over such matters, after public hearing. 7. Enforcement. Enforcement shall be by action against any parties or person violating, or attempting to violate, any covenants. The prevailing party in any action or suit pertaining to or arising out of this declaration shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the Court may judge to be reasonable for attorney fees. This enforcement provision shall be in addition to any other remedies available at law or in equity. Jurisdiction shall be proper in Miami-Dade County. 8. Authorization for Miami Gardens to Withhold Permits and Inspections. In the event the terms of this Declaration are not complied with, in addition to any other remedies available, the City is hereby authorized to withhold any further permits, and refuse to make any inspections or grant any approvals, until such time as this Declaration is complied with. 9. Executed Copy to be provided to the City. Executed Copy to be provided to the City Clerk. The Applicant shall be fully responsible for providing to the City Clerk an original and fully executed copy of the Declaration of Restrictions within thirty (30) days of the approval of this request by the City Council, unless an appeal is filed or otherwise the Director, for good cause shown, grants a time extension. If this is not accomplished, the approval shall become null and void. If circumstances prevent the Applicant from complying with this timeframe condition, condition, the Applicant may request, in writing, an extension of said thirty-day timeframe in writing to the Development Services Director, who is authorized to take such action upon the request to approve, disapprove or approve with conditions such request. 10. Election of Remedies. All rights, remedies and privileges granted herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges. 11. Recording. The City, at Applicant's expense following the approval of the same by the City of Miami Gardens, shall file this Declaration of record in the Public Records of Miami-Dade County, Florida. Page 62 of 243 Page 4 of 5 12. Acceptance of Declaration 13. . Applicant acknowledges that acceptance of this Declaration does not obligate the City in any manner, nor does it entitle Applicant to a favorable recommendation or approval of any application, zoning or otherwise, and the City Council retains its full power and authority to deny each such application in whole or in part, and to decline to accept any conveyance. Applicant 14. Waiver. Each and every covenant and agreement contained herein shall be for any and all purposes hereof construed as separate and independent and the breach of any covenant by any party shall not release or discharge such party from its obligations hereunder. No delay or omission by any party to exercise its rights accruing upon any noncompliance or failure of performance by any party shall impair any such right or be construed to be a waiver thereof. A waiver by any party hereto of any of the covenants, conditions or agreements to be performed by any other party shall not be construed to be a waiver of any succeeding breach or of any other covenants, conditions or agreements contained herein. . The term Applicant shall include the Applicant, and its heirs, successors and assigns. 15. Severability. All rights, powers and remedies provided herein may be exercised only to the extent that the exercise thereof does not violate any then applicable law and shall be limited to the extent necessary to render the real covenants herein valid and enforceable. If any term, provision, covenant or agreement contained herein or the application thereof to any person, entity or circumstance shall be held to be invalid, illegal or unenforceable, the validity of the remaining terms, provisions, covenants or agreements or the application of such term, provision, covenant or agreement to persons, entities or circumstances other than those to which it is held invalid or unenforceable shall not be affected thereby. 16. Entire Agreement. This Agreement and the exhibits attached hereto contain the entire agreement between the parties hereto with respect to the subject matter hereof. This Agreement and exhibits supersede any prior correspondence, memoranda or agreements in total hereto. 17. Counterparts . This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and all of which, when taken together, shall constitute one and the same document. (SIGNATURE PAGE TO FOLLOW) Page 63 of 243 Page 5 of 5 IN WITNESS WHEREOF, Applicant has executed this Declaration. ________________________ Print Name:______________ ________________________ Print Name: ________________________ Print Name: _________________________ _______________________ MIAMI MONEY MARKET, INC. BY ITS: PRESIDENT ________________________ Signature ________________________ Print Name _______________________ __ Date Print Name: _______________ ACCEPTANCE The City of Miami Gardens, hereby accepts this Declaration of Restrictions hereby made by ____________________. CITY OF MIAMI GARDENS, FLORIDA Attest: _________________________________ By:_____________________________ City Clerk Mayor Shirley S. Gibson Date:___________________________ Page 64 of 243 EXHIBIT “B” STAFF RECOMMENDATION Page 65 of 243 STAFF RECOMMENDATION PH-2010-000055 APPLICATION INFORMATION Applicant: Miami Money Market, Inc. Property Location: 16601 N.W. 27 Avenue Property Size: .35 acres Future Land Use: Commercial Existing Zoning: PCD, Planned Corridor Development Requested Action(s): 1. Special exception use to allow a pawn shop in the PCD district. RECOMMENDATION: Staff recommends approval of the Resolution with conditions. The conditions are as follows: 1. That the plans submitted for building permit be substantially in compliance with plans submitted with the special exception application titled “Miami Money Market” as prepared by Juan A. Rodriquez, RA consisting of sheets A2.01, A3.01, A4.01, A5.01, L1.01, dated stamped received Sept. 3, 2010. 2. That the applicant submit, obtain approval and implement a landscape plan from the Planning and Zoning Department prior to the issuance of building permit for the building, said plans meeting the approval of the Planning and Zoning Department. 3. That the business operation hours shall be limited to between the hours of 7:00am to 10:00pm Monday to Saturday, and 10:00am to 7:00pm on Sundays. 4. In the event the operation becomes a burden, disruption to the detriment of the surrounding area, or becomes a law enforcement problem the City may revoke and terminate the C.U. and/or the special exception use approval. 5. That the applicant proffer an executed Declaration of Restrictive Covenants incorporating the conditions of the special exception use approval to the City upon adoption of this Resolution. 6. In the event the Applicant intends to transfer ownership of the “pawn shop” business, the Applicant agrees that the City Council shall have the right to approve the person or entity to whom the business will be transferred, prior to such transfer. The City Council will not unreasonably withhold approval. 7. References to the term “Pawnshop” will not be used in the description of the name of the business. The Applicant agrees that the business will operate under the name “Miami Gardens Jewelry and Loans”. 8. No guns or other firearms will be sold or accepted on the premises. Page 66 of 243 REVIEW AND ANALYSIS: Neighborhood Land Use Characteristics Property Future Land Use Designation Zoning Classification Existing Use Site Commerce PCD, Planned Corridor Development Commercial/vacant North Commerce PCD, Planned Corridor Development, ROW vacant/SR 826/Palmetto Expressway South Commerce PCD, Planned Corridor Development Commercial East Commerce PCD, Planned Corridor Development Vacant West Commerce PCD, Planned Corridor Development Commercial shopping center The subject property is currently developed with a 2,466 square feet vacant commercial building with parking and open space on a 15,393 square feet lot with frontage on and access from N.W. 27 Avenue and N.W. 166 Street. There is a slim sliver of land on the north side of the site under different ownership that is undeveloped that separates the property from N.W. 167 Street. To the east is a vacant lot; to the south is developed with commercial uses; and to the west is the Dade Corners Shopping Center. Project Summary/Background • The applicant Miami Money Market, Inc. is a registered business with the State of Florida showing Reynaldo Chavez as its’ sole officer. The applicant states in the letter of intent that he has been in the pawn shop business for 30 years. • Pawnbroker businesses are regulated by the Florida Department of Agriculture and Consumer Services under Chapter 539, F.S. • The Police Department has found no record of incident(s) with the proposed business owner related to a pawn shop use. • The applicant is proposing to renovate the existing 2,466 square foot building and improve the 15,393 square foot site with landscaping, buffering, signage and parking to operate a pawn shop. • The site will be accessed from N.W. 27 Avenue with loading and trash pick-up from N.W. 166 Street. • The pawn shop use is only permitted as a special exception use in the PCD, Planned Corridor Development District, NC, Neighborhood Commercial District, and the I-1, I-2, Light and Heavy Industrial Districts. Page 67 of 243 Zoning History There have been no relevant zoning actions on the property that impact the proposed special exception use. Consistency with City of Miami Gardens Comprehensive Development Master Plan The subject parcel is designated Commerce on the adopted 2006-2016 Land Use Plan (LUP) Map of the Future Land Use Element (FLUE) of the Comprehensive Development Master Plan (CDMP) of the City of Miami Gardens. Objective 1.3 states: “The Commerce designation is intended for planned urban commercial, urban industrial, urban cultural and economic hubs. The Commerce areas shall include existing and planned activity centers that are primarily located along the City’s three major roadway corridors.” The proposed pawn shop is a commercial activity that can be conducted appropriately in the Commerce-designated areas, where there are insignificant impacts on residential neighborhoods. The proposed use will be located with access off, and directly onto N.W. 27 Avenue with very close proximity to the Palmetto Expressway and major arterials of the City. This area is a primary economic corridor of the City. Conclusion: The proposed pawn shop use will be consistent with goals and objectives of the CDMP while protecting the public health, safety, welfare by design and location. Zoning Review and Analysis The City Council may grant or deny approval of a special exception use request as set forth in Section 34-48(g) of the City’s Zoning and Land Development Code: (g) Criteria for granting of special exception use approval. To authorize any special exception use, the zoning appeals board shall find all of the following: (1) The special exception use will be consistent with the city’s comprehensive development master plan; (2) The special exception use will be in harmony with the general character of the neighborhood considering population density, design, scale and bulk of any proposed new structures, intensity and character of activity, traffic and parking conditions, and number of similar uses; (3) The special exception use will not be detrimental to the use, peaceful enjoyment, economic value, or development of surrounding properties or the general neighborhood; and will cause no objectionable noise, vibrations, fumes, odors, dust, glare, electrical interference, or physical activity; (4) The special exception use will have no detrimental effect on vehicular or pedestrian circulation and flow within the vicinity of the use. The special Page 68 of 243 exception will not adversely affect the health, safety, security, morals, or general welfare of residents, visitors, or workers in the area; (5) The special exception will not, in conjunction with existing and proposed development in the area and development permitted under existing zoning, overburden existing public services and facilities, including schools, parks, police and fire protection, water, sanitary sewer, public roads, stormwater drainage, and other public improvements and services; (6) That the special exception use otherwise meets the definition standards set forth elsewhere in this chapter for such particular use; and (7) That development, use and operation of the site will be in compliance with all applicable code regulations, development standards and any additional standards imposed by the city council or zoning appeals board with the intent of protecting adjacent properties and preserving neighborhood character. In analyzing the proposed special exception use request for a pawn shop on the criteria set forth above for granting approval or denial consideration was given to the characteristics of the operation. The proposed use is within an existing building that will be renovated so there are no new structures that may be of a bulk, scale or design out of character with the commercial neighborhood. The pawn shop will operate not unlike a typical retail commercial use as it relates to consumer interaction and access. The consumer patronizes the pawn shop for the pawning services it provides, just as a consumer would patronize other retail businesses for the services they may provide. The business of pawnbrokers however, is regulated by the Chapter 539 F.S. by the Florida Department of Agriculture and Consumer Services which establishes and enforces the laws applicable to pawnbrokers and how they do business, which is unlike how other retail uses are defined in the Code. The use is not detrimental to the economic values of the area nor creates objectionable noise, vibrations, fumes, odors, dust, glare, electrical interference or unusual physical activity. The anticipated traffic and vehicular circulation is the same of a typical retail operation and the use does not overburden existing public facilities or services. In addition, the property will be redeveloped with improved landscaping, parking, and signage and with the imposition of hours limiting operating hours that are typical of general retail operations the intent is to protect adjacent properties and the preserving the commercial character of the neighborhood. Conclusion The proposed special exception request for a pawn shop meets the criteria set forth in the Zoning and Land Development Code for granting of the use. Anticipated Facilities Impact General: The change from the previously licensed use of the property as a restaurant to a pawn shop would reduce all anticipated impacts on public facilities, including water and sewer, and traffic concurrency. Concurrency determinations are not finalized during the zoning approval process. Specific impacts will be determined at building permit review. Page 69 of 243 Public Notification/Comments In accordance with the Land Development Regulations, two (2) notifications of the applicant’s requests were mailed to property owners within a five hundred (500) feet of the subject site to provide them an opportunity to comment on the application. No comments were received from property owners within that radius at the date of this writing. (See Mailed Notice Radius Map, attached). Attachments: Public Hearing Checklist Letter of Intent Hearing Map-Zoning Hearing Map-Aerial Mailed Notice Affidavit Mailed Notice Radius Map Submitted Plans and Survey Chapter 539 F.S. Pawnbrokers Transmittal Notice Page 70 of 243 Page 71 of 243 Page 72 of 243 Page 73 of 243 Page 74 of 243 Page 75 of 243 Page 76 of 243 Page 77 of 243 Page 78 of 243 Page 79 of 243 Page 80 of 243 Page 81 of 243 Page 82 of 243 Page 83 of 243 Page 84 of 243 Page 85 of 243 Page 86 of 243 Page 87 of 243 Page 88 of 243 Page 89 of 243 Page 90 of 243 Page 91 of 243 Page 92 of 243 Page 93 of 243 Page 94 of 243 Page 95 of 243 Page 96 of 243 Page 97 of 243 Page 98 of 243 Page 99 of 243 Page 100 of 243 Page 101 of 243 Page 102 of 243 Page 103 of 243 Page 104 of 243 Page 105 of 243 Page 106 of 243 Page 107 of 243 1515 N.W. 167 STREET, BUILDING 5 SUITE 200 MIAMI GARDENS, FLORIDA 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: December 1, 2010 Item Type: Resolution Ordinance Other X Fiscal Impact: Yes No Ordinance Reading: 1st Reading 2nd Reading X Public Hearing: Yes No Yes No X Funding Source: Advertising Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: N/A Sponsor Name City Manager Department: Planning and Zoning Short Title: RESOLUTION No. 2010-AN RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE APPLICATION SUBMITTED BY PASTOR JOSEPH E. NICOLAS FOR THE PRINCE OF PEACE MORAVIAN CHURCH FOR PROPERTY LOCATED AT 1850 N.W. 183 STREET AND 18145 N.W. 19 AVENUE, MORE PARTICULARLY DESCRIBED ON EXHIBIT “A,” ATTACHED HERETO, FOR A VARIANCE OF SECTION 34-381 OF THE CITY’S LAND DEVELOPMENT REGULATIONS TO ALLOW 132 PARKING SPACES WHERE 223 PARKING SPACES ARE REQUIRED; PROVIDING FOR DECLARATION OF RESTRICTIVE COVENANTS; PROVIDING FOR ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE Staff Summary: Application No. PH 2010-000057 The Applicant, Pastor Joseph E. Nicolas, representing The Prince of Peace Moravian Church is requesting parking variance to allow 132 parking spaces where 223 parking spaces are required which would allow the existing place of religious assembly to expand to include a proposed 6,724 square feet fellowship/banquet hall. ITEM 10B) RESOLUTION PUBLIC HEARING Application submitted by Prince of Peace Moravian Church Page 108 of 243 Proposed Action: Staff recommends approval of the Resolution subject to the following conditions: 1. That the plans submitted for building permit shall be substantially in compliance with the plans submitted with this application labeled “Prince of Peace Moravian Church” as prepared by Cordova Rodriguez & Associates, Inc. consisting of 10 sheets, dated “submit for approval September 08, 2010”. 2. That the applicant submit a landscape plan and obtain landscape plan approval from the Planning and Zoning Department prior to issuance of building permit. 3. That the banquet hall/fellowship hall shall be a private use and for the exclusive use for the Prince of Peace Moravian Church and its’ congregation where no second party rentals or use shall be permitted. 4. That the banquet hall/fellowship hall shall obtain a Certificate of Use as an accessory use to the place of religious assembly and shall cease and desist if the principal place of religious assembly shall be terminated, cease to exist, or be abandoned. 5. That the banquet hall/fellowship hall shall not be in operation at the same time(s) as the principal place of religious assembly. 6. That the applicant proffer a Declaration of Restrictive Covenants incorporating the conditions of the variance approval, on a form acceptable to the City Attorney, prior to issuance of building permit. Attachment: EXHIBIT “A” LEGAL DESCRIPTION EXHIBIT “C” DECLARATION OF RESTRICTIVE COVENANTS EXHIBIT “B” STAFF RECOMMENDATION Page 109 of 243 1 RESOLUTION NO. 2010____ 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 4 MIAMI GARDENS, FLORIDA APPROVING THE APPLICATION 5 SUBMITTED BY PASTOR JOSEPH NICOLAS FOR THE PRINCE 6 OF PEACE MORAVIAN CHURCH FOR PROPERTY LOCATED 7 AT 1850 N.W. 183 STREET AND 18145 N.W. 19 AVENUE, MORE 8 PARTICULARLY DESCRIBED ON EXHIBIT “A” ATTACHED 9 HERETO, FOR A VARIANCE OF SECTION 34-381 OF THE 10 CITY’S LAND DEVELOPMENT CODE TO ALLOW 132 PARKING 11 SPACES WHERE 223 PARKING SPACES ARE REQUIRED; 12 PROVIDING FOR DECLARATION OF RESTRICTIVE 13 COVENANTS; PROVIDING FOR THE ADOPTION OF 14 REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. 15 16 WHEREAS, the Prince of Peace Moravian Church ("Applicant"), owns certain 17 property located at 1850 N.W. 183rd Street and 18145 N.W. 19th Avenue ("Property"), 18 more particularly described on Exhibit "A," attached hereto, and 19 WHEREAS, the Applicant is seeking a variance of Section 34-381 of the City of 20 Miami Gardens’ Land Development Code to allow 132 parking spaces where 223 21 parking spaces are required, and 22 WHEREAS, the City’s Planning and Zoning Staff recommends approval of the 23 Application subject to certain conditions, and 24 WHEREAS, the City Council considered the testimony of the Applicant, if any, 25 and 26 WHEREAS, the City Council also considered the testimony of the City’s Planning 27 and Zoning Staff, and the Staff Report is attached hereto as Exhibit “B” incorporated 28 herein by reference, 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 30 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: Page 110 of 243 2 Section 1. ADOPTION OF REPRESENTATIONS: 31 The foregoing Whereas 32 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 33 made a specific part of this Resolution. 34 Section 2. APPROVAL: The City Council of the City of Miami Gardens 35 hereby approves the Application for a variance of Section 34-381 of the Land 36 Development Code to allow 132 parking spaces where 223 parking spaces are 37 required. Said approval is subject to the conditions outlined in the attached Declaration 38 of Restrictive Covenants. 39 Section 3. DECLARATION OF RESTRICTIONS: The City Council of the 40 City of Miami Gardens hereby approves the Declaration of Restrictive Covenants 41 attached hereto as Exhibit “C.” 42 Section 4. EFFECTIVE DATE: This Resolution shall take effect immediately 43 upon its final passage. 44 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 45 GARDENS AT ITS ZONING MEETING HELD ON ____________, 2010. 46 47 ___________________________________ 48 SHIRLEY GIBSON, MAYOR 49 50 51 52 ATTEST: 53 54 55 __________________________________ 56 RONETTA TAYLOR, MMC, CITY CLERK 57 58 59 PREPARED BY: SONJA K. DICKENS, ESQ., CITY ATTORNEY 60 61 62 SPONSORED BY: DR. DANNY CREW, CITY MANAGER Page 111 of 243 3 63 64 Moved by: __________________ 65 66 VOTE: _________ 67 68 Mayor Shirley Gibson ____ (Yes) ____ (No) 69 Vice Mayor Aaron Campbell ____ (Yes) ____ (No) 70 Councilwoman Lisa Davis ____ (Yes) ____ (No) 71 Councilman Oliver Gilbert,III ____ (Yes) ____ (No) 72 Councilwoman Sharon Pritchett ____ (Yes) ____ (No) 73 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 74 Councilman Andre’ Williams ____ (Yes) ____ (No) 75 Page 112 of 243 EXHIBIT “A” LEGAL DESCRIPTION Page 113 of 243 EXHIBIT “A” LEGAL DESCRIPTION LOTS 22 THROUGH 26, BLOCK 3, LESS THE NORTH 15 FEET FOR RIGHT OF WAY, “SUNNY ISLES INLAND”, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 44, PAGE 69 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA Page 114 of 243 Return to: (enclose self-addressed stamped envelope) Name: Ronetta Taylor, City Clerk 1515 N.W. 167th Street Building 5, Suite 200 Miami Gardens, Florida 33169 This Instrument Prepared by: Sonja K. Dickens, Esquire 1515 N.W. 167th Street Building 5, Suite 200 Miami Gardens, Florida 33169 SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR PROCESSING DATA DECLARATION OF RESTRICTIONS WHEREAS, The Prince of Peace Moravian Church ("Applicant"), owns certain property located at 1850 N.W. 183rd Street and 18145 N.W. 19th Avenue ("Property"), more particularly described on Exhibit "A," attached hereto, and WHEREAS, the Applicant filed an Application with the City of Miami Gardens for: (A) A Special Exception to allow residential uses in the BU-1A, Business Limited District; and B) Non-Use Variance to allow a building height of 64.5’ where a maximum building height of 45.0’ is allowed. IN ORDER TO ASSURE the City of Miami Gardens that the representations made by the Applicant will be abided by, the Applicant, subject only to conditions contained herein, freely, voluntarily and without duress, makes the following Declaration of Restrictions covering and running with the Property: 1. Site Plan. That the development be substantially in accordance with those submitted for hearing entitled “JPM Enrichment Center Preliminary Bid Set” as prepared by Leo A. Daly, consisting of sheets A0.1 to A0.2, AH2.1 to 2.4, AH3.1 to 3.2, AA1.1.-1 to 1-4, AA3 1-1 to 1-2, AA3 1.1-1 to 1-2, AA3.2-1, AG1.2, AG3.2 dated September 28, 2007. 2. Hours of Operations. Hours of operation of the natatorium and gymnasium Page 115 of 243 2 shall be limited to 6:00 a.m. to 10:00 p.m. 3. Use of Property. The housing is only to accommodate persons transitioning out of foster care, and to provide housing for persons at risk as may be needed in the community. 4. Outdoor Activities. No outdoor activities or related outdoor activities shall be permitted without first making an application to the City for a special event. 5. CBS Wall Required. That a 6.0’ high CBS wall be installed along the perimeter of property abutting residentially zoned property. 6. Landscape Plans Required. Landscape plans shall include but no be limited to providing a dense landscape buffer to abutting residentially zoned property; stem wall and perimeter landscaping, to include but not be limited to Royal palm trees, spaced 25 O.C. with min. gray bark of 15 feet, adequate to shield parking areas from the ROWs; 10.0’ wide sidewalk along perimeter of the property; pedestrian access to and from the property; said plans meeting the approval of the Development Services Director prior to issuance of building permit. 7. Maintenance. The Applicant shall be responsible for the maintenance and upkeep of the entire property. All buildings shall be painted every five (5) years or less. 8. DRC Comments. All City DRC comments shall be addressed or abated prior to issuance of building permit for the elderly building. 9. Platting Required. The property shall be platted in accordance with Miami-Dade County Chapter 28, Subdivision Code, prior to issuance of building permit. 10. Parking Area Paved. All parking areas shall be paved, striped, and adequate drainage and signage shall be provided meeting the approval of the Public Works Department prior to issuance of the first building C.O. 11. Termination. The approval contained herein shall expire at the end of twenty four (24) months. In the event, Applicant has not obtained a valid building permit for the development within such time or obtained or has obtained an extension of time from the City Council, the approval contained herein shall be considered null and void. 12. City Inspection. As further part of this Declaration, it is hereby understood and agreed that any official inspector of the City, or its agents duly authorized, may have the privilege at any time during normal working hours of entering and inspecting the use of the premises to determine whether or not the requirements of the building and zoning regulations and the conditions herein agreed to are Page 116 of 243 3 being complied with. 13. Covenant Running With The Land. This Declaration on the part of the Applicant shall constitute a covenant running with the land and shall remain in full force and effect and be binding upon the Applicant, and his heirs, successors and assigns until such time as the same is modified or released. These restrictions during their lifetime shall be for the benefit of, and limitation upon, all present and future owners of the real property and for the public welfare. 15. Term. This Declaration is to run with the land and shall be binding on all parties and all persons claiming from the date this Declaration is recorded. This Declaration shall be in effect for a period of thirty (30) years from the date of recordation in the public records of Miami-Dade County, Florida, after which time it shall be automatically extended for periods of ten (10) years. This Declaration may be modified, amended or released as to the Property or any portion thereof by a written instrument executed by the then Applicant(s) of the Property, and applicable mortgagees, if any, provided that same is approved by the City Council after public hearing. In such event, the Mayor or City Manager shall execute a written instrument suitable for recordation acknowledging such modification, amendment or release. 16. Modification, Amendment, Release . This Declaration of Restrictions may be modified, amended or released as to the land herein described, or any portion thereof, by a written instrument executed by the, then, owner(s) of all of the Property, including joinders of all mortgagees, if any, provided that the same is also approved by the City, or other procedure permitted under the City's Code, whichever by law has jurisdiction over such matters, after public hearing. 17.Enforcement. Enforcement shall be by action against any parties or person violating, or attempting to violate, any covenants. The prevailing party in any action or suit pertaining to or arising out of this declaration shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the Court may judge to be reasonable for attorney fees. This enforcement provision shall be in addition to any other remedies available at law or in equity. Jurisdiction shall be proper in Miami-Dade County. 18. Authorization for Miami Gardens to Withhold Permits and Inspections. In the event the terms of this Declaration are not complied with, in addition to any other remedies available, the City is hereby authorized to withhold any further permits, and refuse to make any inspections or grant any approvals, until such time as this Declaration is complied with. 19. Executed Copy to be provided to the City. Executed Copy to be provided to the City Clerk. The Applicant shall be fully responsible for providing to the City Clerk an original and fully executed copy of the Declaration of Restrictions Page 117 of 243 4 within thirty (30) days of the approval of this request by the City Council, unless an appeal is filed or otherwise the Director, for good cause shown, grants a time extension. If this is not accomplished, the approval shall become null and void. If circumstances prevent the Applicant from complying with this timeframe condition, the Applicant may request, in writing, an extension of said thirty-day timeframe in writing to the Development Services Director, who is authorized to take such action upon the request to approve, disapprove or approve with conditions such request. 20. Election of Remedies. All rights, remedies and privileges granted herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges. 21. Recording. The City, at Applicant's expense following the approval of the same by the City of Miami Gardens, shall file this Declaration of record in the Public Records of Miami-Dade County, Florida. 22. Acceptance of Declaration 23. . Applicant acknowledges that acceptance of this Declaration does not obligate the City in any manner, nor does it entitle Applicant to a favorable recommendation or approval of any application, zoning or otherwise, and the City Council retains its full power and authority to deny each such application in whole or in part, and to decline to accept any conveyance. Applicant 24. Waiver. Each and every covenant and agreement contained herein shall be for any and all purposes hereof construed as separate and independent and the breach of any covenant by any party shall not release or discharge such party from its obligations hereunder. No delay or omission by any party to exercise its rights accruing upon any noncompliance or failure of performance by any party shall impair any such right or be construed to be a waiver thereof. A waiver by any party hereto of any of the covenants, conditions or agreements to be performed by any other party shall not be construed to be a waiver of any succeeding breach or of any other covenants, conditions or agreements contained herein. . The term Applicant shall include the Applicant, and its heirs, successors and assigns. 25. Severability. All rights, powers and remedies provided herein may be exercised only to the extent that the exercise thereof does not violate any then applicable law and shall be limited to the extent necessary to render the real covenants herein valid and enforceable. If any term, provision, covenant or agreement contained herein or the application thereof to any person, entity or circumstance shall be held to be invalid, illegal or unenforceable, the validity of the remaining terms, provisions, covenants or agreements or the application of such term, provision, covenant or agreement to persons, entities or circumstances other Page 118 of 243 5 than those to which it is held invalid or unenforceable shall not be affected thereby. 26. Entire Agreement. This Agreement and the exhibits attached hereto contain the entire agreement between the parties hereto with respect to the subject matter hereof. This Agreement and exhibits supersede any prior correspondence, memoranda or agreements in total hereto. 27. Counterparts . This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and all of which, when taken together, shall constitute one and the same document. (SIGNATURE PAGE TO FOLLOW) Page 119 of 243 6 IN WITNESS WHEREOF, Applicant has executed this Declaration. ________________________ Print Name:______________ ________________________ Print Name: ________________________ Print Name: _________________________ _______________________ BY ITS: PRESIDENT ________________________ Signature ________________________ Print Name _________________________ Date Print Name: _______________ ACCEPTANCE The City of Miami Gardens, hereby accepts this Declaration of Restrictions hereby made by ____________________. CITY OF MIAMI GARDENS, FLORIDA Attest: _________________________________ By:_____________________________ City Clerk Mayor Shirley S. Gibson Date:___________________________ Page 120 of 243 Page 121 of 243 Page 122 of 243 Page 123 of 243 Page 124 of 243 Page 125 of 243 Page 126 of 243 Page 127 of 243 Page 128 of 243 Page 129 of 243 Page 130 of 243 Page 131 of 243 Page 132 of 243 Page 133 of 243 Page 134 of 243 Page 135 of 243 Page 136 of 243 Page 137 of 243 Page 138 of 243 Page 139 of 243 Page 140 of 243 Page 141 of 243 Page 142 of 243 Page 143 of 243 Page 144 of 243 Page 145 of 243 Page 146 of 243 Page 147 of 243 Page 148 of 243 Page 149 of 243 Page 150 of 243 Page 151 of 243 Page 152 of 243 EXHIBIT “B” STAFF RECOMMENDATION Page 153 of 243 STAFF RECOMMENDATION PH-2010-000057 APPLICATION INFORMATION Applicant: Prince of Peace Moravian Church Property Location: 1850 N.W. 183 Street and 18145 N.W. 19 Avenue Property Size: 3.09acres Future Land Use: Neighborhood Existing Zoning: R-1, Single Family Residential, OF, Office Requested Action(s): 1. Parking variance of Section 34-381of the LDRs to allow 132 parking spaces where 223 parking spaces are required. RECOMMENDATION: Staff recommends approval of the parking variance subject to the following conditions: 1. That the plans submitted for building permit shall be substantially in compliance with the plans submitted with this application labeled “Prince of Peace Moravian Church” as prepared by Cordova Rodriguez & Associates, Inc. consisting of 10 sheets, dated “submit for approval September 08, 2010”. 2. That the applicant submit a landscape plan and obtain landscape plan approval from the Planning and Zoning Department prior to issuance of building permit. 3. That the banquet hall/fellowship hall shall be a private use and for the exclusive use for the Prince of Peace Moravian Church and its’ congregation where no second party rentals or use shall be permitted. 4. That the banquet hall/fellowship hall shall obtain a Certificate of Use as an accessory use to the place of religious assembly and shall cease and desist if the principal place of religious assembly shall be terminated, cease to exist, or be abandoned. 5. That the banquet hall/fellowship hall shall not be in operation or use at the same time(s) as the principal place of religious assembly. 6. That the applicant proffer a Declaration of Restrictive Covenants incorporating the conditions of the variance approval, on a form acceptable to the City Attorney, prior to issuance of building permit. Page 154 of 243 REVIEW AND ANALYSIS: Neighborhood Land Use Characteristics Property Future Land Use Designation Zoning Classification Existing Use Site Neighborhood R-1, Single Family Residential Place of Religious Assembly North Neighborhood R-1, Single Family Residential Single Family Residential South Neighborhood R-1 Single Family Residential Single Family Residential East Neighborhood OF, Office Commercial Shopping Center West Neighborhood R-1, Single Family Residential Place of Religious Assembly The subject property is 3.09 acres located at the southeast corner of N.W. 183 Street and N.W. 19 Avenue developed with a place of religious assembly with offices, school, and caretakers home as accessory uses. Properties to the north are separated by N.W. 183 Street and are developed with single family homes. Properties to the south are developed with single family homes. Property to the east is developed as a shopping center and to the west is developed as another place of religious assembly. Project Summary/Background • The applicant is requesting a parking variance to allow 132 parking spaces where 323 parking spaces are required to be provided for all the different uses on the property and the proposed 6,724 square feet banquet hall/fellowship hall. • The proposed banquet hall/fellowship hall is intended to be a private facility for the use of congregation only and not open to the general public for use. • The applicant has presented a site plan (attached) depicting the existing and proposed development for the property. The applicant has submitted a parking analysis which justifies the parking variance based on how the different uses operate at different times during the week. • The granting of the parking variance is subject to the rezoning of the property to NC, Neighborhood Commercial at the second (2nd ) reading first being granted which would the place of religious assembly and the proposed expansion. Zoning History On February 27, 1985 the Metropolitan Dade County Zoning Appeals Board adopted Resolution 4-ZAB-68-85 approving a use variance and special exception with non-use variances to permit the existing place of religious assembly in what was then the RU-1, Single Family district and RU-5A, Professional Office district. Page 155 of 243 Consistency with City of Miami Gardens Comprehensive Development Master Plan The primary objective of the Neighborhood designation as outlined in Objective 1.2 of the Comprehensive Development Master Plans is as follows: “The Neighborhood land use designation applies to areas intended for low and medium density residential development with supporting commercial and office uses. The designation of Neighborhood is specifically intended to protect single family homes from encroachment or intrusion from incompatible land uses.” The property has been developed with a non-residential use for over 25 years and is located along the heavily travelled corridor of N.W. 183 Street at N.W. 19 Avenue. The property is zoned NC, Neighborhood Commercial which would allow, not only the places of assembly, but also banquet hall/fellowship halls, and a list of supportive commercial and office uses that would also be appropriate for the location without the encroachment or intrusion of the single family neighborhood in the area. Conclusion: From these factors listed above it can be concluded the parking variance does not change the existing and proposed development of the place of assembly is a supportive neighborhood use and would not be an encroachment or intrusion while protecting the single family residential neighborhood from incompatible uses and therefore the rezoning is consistent with the policies of the City’s Comprehensive Development Master Plan. Zoning Review and Analysis Section 34-47 Granting Variances and Waivers, states in relevant terms that: (A) Purpose and intent. A variance or waiver of the code is a departure from the dimensional or numerical requirements of this chapter where such variance or waiver will not be contrary to the public interest and where, owing to conditions peculiar to the property and not as a the result of the action of the applicant, a literal enforcement of the requirement would result in unnecessary and undue hardship. Establishment or expansion of a use otherwise prohibited shall not be be allowed by variance, nor shall a variance be granted due to the presence of nonconformities in the zoning district or adjoining zoning districts. (B) Authorized variances and waivers. The zoning appeals board shall have the authority to grant the following variances: (1) A variance in the numerical yard or area requirements of any district where there are unusual and practical difficulties in carrying out these provisions due to an irregular shape of the lot, topography, or other conditions. However, such variance shall not seriously affect any adjoining property or the general welfare. (2) A variance when an owner can demonstrate that a strict application of the terms of the LDR relating to the construction or alteration of buildings or structures, the use of or relating to the use of the land will impose unusual and impractical difficulties, but not reduced financial value alone. In analyzing the request for the parking variance against the above noted purpose and intent of granting a variance or waiver consideration was given to the parking analysis which Page 156 of 243 indicates eight (8) separate uses including the proposed banquet hall/fellowship hall on the property, with the principal use being the place of religious assembly. Though, accessory uses, the regulations require parking be provided for all the uses on the property, and totaled individually the number of spaces required is 223. Consideration is given to the fact that of the eight (8) uses the principal use, place of religious assembly, requires 119 spaces while the other uses are all accessory uses directly dependent on the principal use. The applicant is also proffering that in the event the principal use is terminated, cease to operate or is abandoned the proposed banquet hall/fellowship hall shall also cease, as well as proffering to restrict that the use of the banquet hall/fellowship hall and the place of religious assembly will not be used at the same time(s) during the week. In addition, to provide the additional 91 parking spaces, the applicant would have to use over a half (1/2) acre of open space land, and provide pavement and drainage, consequently reducing the large amount of open space and green area the property currently enjoys. With the imposition of these conditions and with adequate parking to accommodate any of the uses at any one time the granting of the variance will not be contrary to the public interest, while the literal enforcement of the parking requirement would result in unnecessary and undue hardship and reduce the open space impacting negatively the compatibility of the use with the surrounding residential nature of the neighborhood. Conclusion: The parking variance is consistent with the intent and purpose of granting a variance or waiver. Anticipated Facilities Impact General: There is no change of use on the property so there are no anticipated additional impacts to the public facilities and services. Concurrency determinations are not finalized during the zoning approval process. Public Notification/Comments In accordance with the Land Development Regulations, two (2) notifications of the applicant’s requests were mailed to property owners within a half mile (1/2) radius of the subject site to provide them an opportunity to comment on the application. No comments were received from property owners within that radius at the date of this writing. (See Mailed Notice Radius Map, attached). Attachments: Public Hearing Checklist Letter of Intent Hearing Map-Zoning Hearing Map-Aerial Mailed Notice Affidavit Mailed Notice Radius Map Submitted Plans and Survey Parking Analysis Transmittal Notice Page 157 of 243 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: December 1, 2010 Item Type: Resolution Ordinance Other X Fiscal Impact: Yes No Ordinance Reading: 1st Reading 2nd Reading X Public Hearing: Yes No Yes No X Funding Source: Advertising Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: X N/A Sponsor Name Dr. Danny Crew, City Manager Department: Planning and Zoning Short Title: RESOLUTION NO. 2010-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE APPLICATION SUBMITTED BY DARPHINE L. SNELL FOR THE VACATION OF A 25.0’ WIDE PORTION OF THEORETICAL N.W. 33 AVENUE NORTH OF MIAMI GARDENS DRIVE MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE Staff Summary: Background The applicant is the is the owner of the 0.55 acre vacant parcel of land at the northwest corner of N.W. 183 Street and theoretical N.W. 33 Avenue and is requesting the vacation of the platted 25.0’ wide portion of N.W. 33 Avenue adjacent to the property to allow a proposed child care center to be developed. Current Situation The 25.0’ wide portion of N.W. 33 Avenue is unimproved and dedicated by the “Miami Carol City Senior High School Site” as recorded in P.B. 84-56 of which the 25.0 wide dedication extends from N.W. 183 Street to N.W. 187 Street. The applicant is requesting the vacation of the south 165.0’ portion of the dedicated right-of-way containing 0.10 acres which would be combined with the existing Tract “B” of the same plat for a total land area of 0.65 acres. The applicant would be required to submit for site plan approval from the City for the development of the property. Analysis The Planning and Zoning Department and the Public Works Department have no plans to improve the portion of N.W. 33 Avenue as dedicated by plat considering the site, all except Tract “B”, is developed with the Miami Carol ITEM 10C) RESOLUTION PUBLIC HEARING Application of Darphine L. Snell Page 158 of 243 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City Senior High School to the west and a Popeye’s Restaurant and the City’s Carol City Park to the east. The applicant has obtained letters of no objections from all utilities providers and there are no easements or utilities that impact the vacation of this portion of the right-of-way. Proposed Action: Staff recommends the adoption of the Resolution for the right-of-way vacation. Attachment: Exhibit “A” Sketch and description of the right-of-way to be vacated Exhibit “B” Location map Page 159 of 243 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 EXHIBIT “A” SKETCH AND DESCRIPTION Page 160 of 243 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 EXHIBIT “B” LOCATION MAP Page 161 of 243 1 RESOLUTION NO. 2010____ 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 4 MIAMI GARDENS, FLORIDA APPROVING THE APPLICATION 5 SUBMITTED BY DARPHINE L. SNELL FOR THE VACATION OF 6 A 25.0’ WIDE PORTION OF “THEORETICAL N.W. 33 AVENUE” 7 NORTH OF MIAMI GARDENS DRIVE, MORE PARTICULARLY 8 DESCRIBED IN EXHIBIT “A” HERETO; PROVIDING FOR 9 INSTRUCTIONS TO THE CITY MANAGER; PROVIDING FOR 10 THE ADOPTION OF REPRESENTATIONS; PROVIDING AN 11 EFFECTIVE DATE. 12 13 WHEREAS, Darphine L. Snell, the applicant, is the owner of a .055 acre vacant 14 parcel of land located at the Northwest corner of N.W. 183 Street and what is 15 theoretically known as N.W. 33 Avenue, and 16 WHEREAS, the applicant is requesting the vacation of the platted 25.0’ wide 17 portion of N.W. 33 Avenue which is adjacent to the property in order to allow a proposed 18 child care center to be developed, and 19 WHEREAS, staff is recommending approval of the right-of-way vacation, 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 21 OF OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 22 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 23 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 24 made a specific part of this Resolution. 25 Section 2: APPROVAL: The City Council of the City of Miami Gardens, Florida 26 hereby approves the application submitted by Darphine L. Snell for the vacation of a 27 25.0’ wide portion of the “theoretical N.W. 33 Avenue north of Miami Gardens Drive, 28 more particularly described in Exhibit “A” attached hereto. The City Council further 29 instructs that the City Manager take any and all steps that are necessary in order to 30 vacate the right-of-way. Page 162 of 243 2 Section 3: EFFECTIVE DATE: This Resolution shall 31 take effect immediately 32 upon its final passage. 33 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 34 GARDENS AT ITS ZONING MEETING HELD ON ____________, 2010. 35 36 ___________________________________ 37 SHIRLEY GIBSON, MAYOR 38 39 40 41 42 ATTEST: 43 44 45 __________________________________ 46 RONETTA TAYLOR, MMC, CITY CLERK 47 48 49 PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 50 51 52 SPONSORED BY: DR. DANNY CREW, CITY MANAGER 53 54 Moved by: __________________ 55 56 VOTE: _________ 57 58 Mayor Shirley Gibson ____ (Yes) ____ (No) 59 Vice Mayor Aaron Campbell ____ (Yes) ____ (No) 60 Councilwoman Lisa Davis ____ (Yes) ____ (No) 61 Councilman Oliver Gilbert,III ____ (Yes) ____ (No) 62 Councilwoman Sharon Pritchett ____ (Yes) ____ (No) 63 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 64 Councilman Andre’ Williams ____ (Yes) ____ (No) 65 66 67 68 Page 163 of 243 N W 1 8 2 ND S T NW 18 3 RD S T NW 33RD CT N W 1 81S T S T Location Map: Right-of-Way Vacation RD 2010-000009 HEARING MAP: AERIAL City of Miami Gardens Planning & Zoning Department Subject Property November 2010 1 inch = 179 feet « Subject Property Page 164 of 243 Page 165 of 243 Page 166 of 243 Page 167 of 243 ITEM 11A) CITY MANAGER'S REPORTS Miami Dade County School Board Interlocal Agreement Admendments Page 168 of 243 Page 169 of 243 Page 170 of 243 Page 171 of 243 Page 172 of 243 Page 173 of 243 Page 174 of 243 Page 175 of 243 Page 176 of 243 Page 177 of 243 Page 178 of 243 Page 179 of 243 Page 180 of 243 Page 181 of 243 Page 182 of 243 Page 183 of 243 Page 184 of 243 Page 185 of 243 1 AMENDMENT No.1 TO AMENDED AND RESTATED INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING IN MIAMI-DADE COUNTY This Amendment No. 1 (hereinafter referred to as the "Amendment") to the Amended and Restated lnterlocal Agreement for Public School Facility Planning in Miami-Dade County (hereinafter referred to as the "Agreement") is entered into between The School Board of Miami-Dade County, Florida, a political subdivision of the State of Florida, (hereinafter referred to as "School Board"), and one or more of the following local governments in Miami-Dade County, whose joinder in the Amendment is indicated by their execution hereof: The Cities of City of Aventura, Town of Bay Harbor Islands, City of Coral Gables, Town of Cutler Bay, City of Doral, Village of EL Portal, City of Florida City, City of Homestead, Village of Key Biscayne, City of Miami, City of Miami Beach, Town of Miami Lakes, Village of Miami Shores, City of Miami Springs, City of North Bay Village, City of North Miami, City of North Miami Beach, City of Miami Gardens, City of Opa-Locka, Village of Palmetto Bay, Village of Pinecrest, City of South Miami, City of Sunny Isles Beach, City of Sweetwater, and the City of West Miami (hereinafter collectively referred to as "Cities"), and. RECITALS WHEREAS, the Cities and the School Board have entered into the Amended and Restated lnterlocal Agreement for Public School Facility Planning in Miami-Dade County; and, WHEREAS, the County and the School Board have entered into the lnterlocal Agreement for Public School Facility Planning in Miami-Dade County; and WHEREAS, Section 18 of the Agreement provides that should the School Board enter into an agreement with another municipality or County, separate or otherwise, which provides more beneficial terms than those agreed to in the Agreement, the School Board shall offer the same terms to all other parties to this Agreement; and WHEREAS, the School Board and certain municipalities desire to enter into this Amendment, addressing certain substantive matters on which the parties have reached agreement. Page 186 of 243SAMPLE 2 NOW THEREFORE, be it mutually agreed between the School Board and the Cities that the Agreement is modified to add Section 21: Section 21. Amendments An amendment to this Agreement shall require approval by each City and the School Board, and shall be offered to the County and all other Cities for their consideration as a supplementary agreement. If the amendment to this Agreement affects the uniform district-wide public school concurrency system or otherwise requires the approval of the non-exempt municipalities, it shall become effective only upon the approval of an amendment to this Agreement by the County and School Board and approval of a similar amendment to the Amended and Restated Agreement by two-thirds of the non-exempt municipalities. Notwithstanding the foregoing, all of the nonexempt municipalities must approve the amendment to the Amended and Restated Agreement for it to become effective, unless all non-exempt municipalities have revised the Amended and Restated Agreement to allow for amendments to be approved by two-thirds of the non-exempt municipalities. An amendment shall not be effective until the amendment is fully executed by the applicable parties and, where applicable, all comprehensive plan amendments are effective. Note: (Presently the Agreement provides that any amendments to the Agreement must be approved by unanimous vote. The above paragraph would, if approved unanimously by all signatories to the Agreement, change that requirement from a unanimous vote of all Municipalities to a 2/3 vote by the Municipalities) Page 187 of 243SAMPLE 3 All other provisions of the Amended and Restated lnterlocal Agreement are incorporated herein by reference to the extent not inconsistent herewith. IN WITNESS WHEREOF, this Amendment has been executed by and on behalf of the School Board of Miami-Dade County, Florida, the Cities of City of Aventura, Town of Bay Harbor Islands, City of Coral Gables, Town of Cutler Bay, City of Doral, Village of EL Portal, City of Florida City, City of Homestead, Village of Key Biscayne, City of Miami, City of Miami Beach, Town of Miami Lakes, Village of Miami Shores, City of Miami Springs, City of North Bay Village, City of North Miami, City of North Miami Beach, City of Miami Gardens, City of Opa-Locka, Village of Palmetto Bay, Village of Pinecrest, City of South Miami, City of Sunny Isles Beach, City of Sweetwater, and the City of West Miami, on this _______ this day of ,2009. The School Board of Miami Dade County, Florida Attest: (print) By: , Chair Attest: (print) By:__________________________, Secretary To the School Board: Approved as to form and legal sufficiency: __________________________ School Board Attorney Page 188 of 243SAMPLE 4 Signature page to be provided by each municipality. Page 189 of 243 SAMPLE PROPOSED AMENDMENT No. 1 AMENDED AND RESTATED INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING IN MIAMI-DADE COUNTY Purpose: To consider whether or not to approve the addition of a new Section (Section 21) related to the required vote on future amendments to the Interlocal Agreement. Summary: Presently the Consensus ILA provides that any amendments to the ILA must be approved by unanimous vote. The language below would, if approved unanimously by all ILA signatories (Municipalities), change that requirement from a unanimous vote of all Municipalities to a 2/3 vote by the Municipalities. Section 21. Amendments An amendment to this Agreement shall require approval by each City and the School Board, and shall be offered to the County and all other Cities for their consideration as a supplementary agreement. If the amendment to this Agreement affects the uniform district-wide public school concurrency system or otherwise requires the approval of the non-exempt municipalities, it shall become effective only upon the approval of an amendment to this Agreement by the County and School Board and approval of a similar amendment to the Amended and Restated Agreement by two-thirds of the non-exempt municipalities. Notwithstanding the foregoing, all of the nonexempt municipalities must approve the amendment to the Amended and Restated Agreement for it to become effective, unless all non-exempt municipalities have revised the Amended and Restated Agreement to allow for amendments to be approved by two-thirds of the non-exempt municipalities. An amendment shall not be effective until the amendment is fully executed by the applicable parties and, where applicable, all comprehensive plan amendments are effective. Please indicate your preference by circling the appropriate response ___YES____ In favor of accepting proposed Amendment No. 1, which would add a Section (Section 21) as written above ____NO___ Not in favor of accepting proposed Amendment No. 1. Future amendments would require a unanimous vote of all municipalities Submitted By: Date: (Print and sign name of authorized official) Name of Municipality: Page 190 of 243 Response Form AMENDED AND RESTATED INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING IN MIAMI-DADE COUNTY This Amended and Restated Agreement is entered into between Miami-Dade County, a political subdivision of the State of Florida (hereinafter referred to as "County"), the Municipalities of City of Aventura, Town of Bay Harbor Islands, City of Coral Gables, Town of Cutler Bay, City of Doral, Village of El Portal, City of Florida City, City of Hialeah, City of Hialeah Gardens, City of Homestead, Village of Key Biscayne, City of Miami, City of Miami Beach, Town of Miami Lakes, Village of Miami Shores, City of Miami Springs, City of North Bay Village, City of North Miami, City of North Miami Beach, City of Miami Gardens, City of Opa-Locka, Village of Palmetto Bay, Village of Pinecrest, City of South Miami, City of Sunny Isles Beach, City of Sweetwater, and the City of West Miami (hereinafter collectively referred to as "Cities"), and The School Board of Miami-Dade County, Florida, a political subdivision of the State of Florida (hereinafter referred to as "School Board"). RECITALS WHEREAS, the County, Cities and the School Board recognize their mutual obligation and responsibility for the education, nurturing and general well-being of the children within their respective communities; and, WHEREAS, the School Board has the statutory and constitutional responsibility to provide a uniform system of free and adequate public schools on a countywide basis; and, WHEREAS, the County, Cities, and School Board recognize the benefits that will flow to the citizens and students of their communities by more closely coordinating their comprehensive land use and school facilities planning programs namely: (1) better coordination of new schools in time and place with land development, (2) greater efficiency for the school board and local governments by placing schools to take advantage of existing and planned roads, water, sewer, and parks, (3) improved student access and safety by coordinating the construction of new and expanded schools with the road and sidewalk construction programs of the local governments, (4) better defined urban form by locating and designing schools to serve as community focal points, Page 191 of 243 (5) greater efficiency and convenience by co-locating schools with parks, ball fields, libraries, and other community facilities to take advantage of joint use opportunities, (6) reduction of pressures contributing to urban sprawl and support of existing neighborhoods by appropriately locating new schools and expanding and renovating existing schools, and (7) improving the quality of education in existing, renovated and proposed schools; and, WHEREAS, Section 1013.33, Florida Statutes, requires that the location of public educational facilities must be consistent with the comprehensive plan and implementing land development regulations of the appropriate local governing body; and, WHEREAS, the County has jurisdiction over land use and growth management decisions within its unincorporated boundaries, including the authority to approve or deny comprehensive plan amendments and rezonings, or other development orders that generate students and impact the school system, and the Cities have similar jurisdiction within their boundaries; and, WHEREAS, Sections 163.3177(6)(h) 1 and 2, Florida Statutes, require each local government to adopt an intergovernmental coordination element as part of their comprehensive plan that states principles and guidelines to be used in the accomplishment of coordination of the adopted comprehensive plan with the plans of the school boards, and describes the processes for collaborative planning and decision-making on population projections and public school siting; and, WHEREAS, Sections 163.31777 and 1013.33, Florida Statutes, further require each county and the non-exempt municipalities within that county to enter into an interlocal agreement with the district school board to establish jointly the specific ways in which the plans and processes of the district school board and the local governments are to be coordinated; and, WHEREAS, the 2005 Florida Legislature adopted Chapter 2005-98, Laws of Florida, codified at Sections 163.31777, 163.3180(13) and 1013.33, Florida Statutes, which, in relevant part, required that all school interlocal agreements be updated to reflect a new statutory mandate to implement public school concurrency; and WHEREAS, the School Board, County and Cities have further determined that it is necessary and appropriate to cooperate with each other to coordinate the approval of residential development with the provision of adequate public school facilities in a timely manner and at appropriate locations, to eliminate any deficit of capacity and provide capacity for projected new growth, as further specified herein; and WHEREAS, the County and Cities are entering into this Amended and Restated Agreement in reliance on the School Board’s obligation to prepare, adopt and implement a financially feasible capital facilities program that will result in public 2 Page 192 of 243 schools operating at the adopted Level of Service Standard consistent with the timing specified in the School Board’s adopted five-year district educational facilities plan (hereinafter referred to as the “District Facilities Work Program”); and WHEREAS, the School Board has further committed to update and adopt the District Facilities Work Program yearly to add enough capacity in the new fifth year to address projected growth and to adjust the District Facilities Work Program in order to maintain the adopted Level of Service Standard and to demonstrate that the utilization of school capacity is maximized to the greatest extent possible pursuant to Sections 163.3180(13)(d)2 and 1013.35, Florida Statutes; and WHEREAS, by entering into this Amended and Restated Agreement, the School Board, County, and the Cities are fulfilling their statutory obligations and requirements recognizing the benefits that will accrue to their citizens and students described above. AGREEMENT NOW THEREFORE, be it mutually agreed between the School Board, the County and the Cities that the following procedures will be followed in coordinating land use and public school facilities planning: Section 1. Joint Meetings 1.1 Staff Working Group: A Staff Working Group comprised of the County Mayor/Manager and/or designee, School Board Superintendent and/or designee, and City Mayor/Manager and/or their designees will meet at least on a semi-annual basis to discuss issues and formulate recommendations regarding public education in the School District, and coordination of land use and school facilities planning, including such issues as population and student projections, development trends, a work program for five (5), ten (10) and twenty (20) year intervals and its relationship to the local government comprehensive plans, particularly as it relates to identification of potential school sites in the comprehensive plan’s future land use map series, school needs (school capacity and school funding), the implementation of public school concurrency, concurrency, collocation and joint use opportunities, and ancillary infrastructure improvements needed to support the school and ensure safe student access. Representatives from the South Florida Regional Planning Council, the Latin Builders Association and the Builders Association of South Florida will also be invited to attend and participate. Meetings of the working group shall be held upon at least thirty (30) days written advance notice, and shall be coordinated by the School Board Superintendent, or designee. The Staff Working Group shall meet no later than March 31 each year to address student enrollment projections, and by April 30 and 3 Page 193 of 243 October 31 of each year to address the public school concurrency management system, and any proposed amendments to the schoolrelated comprehensive plan provisions. The April 30 deadline shall apply where changes are proposed for the County’s first comprehensive plan amendment cycle of the following year, and the October 31 deadline shall apply for changes proposed in the second cycle of the following year. 1.2 Elected Officials Forum: The School Board Superintendent and/or designee shall coordinate a joint workshop session at least annually and invite one or more representatives of the County Commission or their designee(s), the governing body of each City or their designee(s), and the School Board or their designee(s). A representative of the South Florida Regional Planning Council will also be invited to attend. The School Board shall provide the meeting invitations with at least thirty (30) days advance written notice of such meeting to the person designated as a contact in this Amended and Restated Agreement. Modifications and amendments shall be considered by each party to this Amended and Restated Agreement in accordance with Section 15, and may be discussed at the joint workshop sessions. The joint workshop sessions provide opportunities for the County Commission, the City Commissions or Councils, and the School Board to hear reports, discuss policy, set direction, and reach understandings concerning issues of mutual concern regarding public education, and coordination of land use and school facilities planning, including population and student growth, development trends, school needs, off-site improvements, public school concurrency, school capacity, school funding, options to reduce the need for additional permanent student stations, and joint use opportunities. 4 Page 194 of 243 Section 2. Student Enrollment and Population Projections 2.1 In fulfillment of their respective planning duties, the County, Cities, and School Board agree to coordinate their plans upon consistent projections of the amount, type, and distribution of population growth and student enrollment. Countywide five (5)-year population projections shall be updated at least once every two (2) years by the County. The School Board may enter into a separate agreement with the County for the preparation of student enrollment projections. Updated County and School District data shall be provided at least once every two (2) years for review at the Staff Working Group meeting described at Subsection 1.1. 2.2 The School Board shall 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 governments and the Office of Educational Facilities and SMART Schools Clearinghouse. The School Board may request adjustment to the estimating conferences’ projections to reflect actual enrollment and development trends using the COHORT Projection Waiver available on the Florida Department of Education website. In formulating such a request, the School Board will coordinate with the Cities and County regarding development trends and future population projections. 2.3 The School Board, working with the County and Cities via the Staff Working Group, will use the information described in subsection 3.4 and any other relevant information provided as part of the requirements of this Amended and Restated Agreement, to allocate projected student enrollment by Minor Statistical Areas. Section 3. Coordinating and Sharing of Information 3.1 Tentative District Educational Facilities Work Plan: By May 31 of each year, the School Board shall submit to the County and Cities the tentative district educational facilities prior to adoption by the Board. The tentative plan will be consistent with the requirements of Section 1013.35, Florida Statutes, and include projected student populations geographically, an inventory of existing school facilities, projections of facility space needs, information on relocatables, general locations of new schools for the five (5), ten (10), and twenty (20) year time periods, and options to reduce the need for additional permanent student stations. The tentative plan will also include a financially feasible district facilities work program for a five (5) year period. The Cities and County shall review and evaluate the tentative plan and comment to the School Board by June 30 on the consistency of the tentative plan with the local comprehensive plan, including its compatibility with the comprehensive plan’s future land use 5 Page 195 of 243 map series, and whether a comprehensive plan amendment will be necessary for any proposed educational facility. The School Board shall provide the District’s adopted Facilities Work Program to the County and Cities no later than October 20, and it shall be adopted into the County’s and Cities’ comprehensive plans each year no later than December 1. 3.2 Educational Plant Survey: The School Board will remain responsible for reporting and submission of updates. The Educational Plant Survey shall be consistent with the requirements of Section 1013.31, Florida Statutes, and include at least an inventory of existing educational facilities, recommendations for new and existing facilities, and the general location of each in coordination with existing land use plans. The Staff Working Group, in accordance with the procedure outlined in Section 3.5, will evaluate and make recommendations regarding the location and need for new, significant renovation or expansion, closures of educational facilities, and the consistency of such plans with the local government comprehensive plans and relevant issues including, but not limited to, those listed in subsections 4.3, 7.6, 7.7 and 8.1 of this Amended and Restated Agreement. 3.3 Educational Facilities Impact Fee Ordinance: The County and the School Board shall perform a review at least every three (3) years of the Educational Facilities Impact Fee Ordinance, its formula, and the Educational Facilities Impact Fee Methodology and Technical Report, and if appropriate, make recommendations for revisions to the Board of County Commissioners. The first review shall be performed within three (3) years after the effective date of the impact fee ordinance, as amended. Among the goals of this review will be the adjustment of impact fee structure to ensure the full eligible capital costs, as allowed by the governing ordinances, associated with development of public school capacity is included. In reviewing the Educational Facilities Impact Fee Ordinance, the County and School Board shall employ their best efforts to evaluate a more equitable distribution of impact fee assessments. The School Board and County will provide for local government, industry and citizen participation and input, prior to submitting recommendations to the Board of County Commissioners for substantive revisions to the Educational Facilities Impact Fee Ordinance, its formula, and/or the Educational Facilities Impact Fee Methodology and Technical Report, including the adjustment of impact fee structure or benefit district boundaries. 3.4 Growth and Development Trends: By September 30 of each year, local governments will provide the School Board with a report on growth and development trends within their jurisdiction, based on the most current available data. This report will be in tabular, graphic, and/or textual formats and will include the following: 6 Page 196 of 243 (a) The type, number, and location of residential units, which have received zoning approval, plat approval or site plan approval; (b) Information regarding adopted future land use map amendments which may have an impact on school facilities; (c) The County shall report to the School Board the school impact fees collected annually on building permit applications. This report shall include the amount of the fee collected and location of the proposed residential development. The School Board shall report to the County and to each City how the impact fee revenue and all other school contributions have been spent within the Benefit District in which it was collected. All data shall include source information for verification and be provided in a format consistent with other capital expenditures; (d) Information, if available, regarding the conversion or redevelopment of non-residential structures into residential units that are likely to generate new students and, conversely, information on the number of residential units converted to nonresidential uses; and (e) The identification of any development orders issued that contain a requirement for the provision of a public school site as a condition of development approval. If at all possible, data required to be submitted in this section should also be sent in a format that can be loaded into the Geographic Information Systems (GIS) database maintained by the School Board. 3.5 New, Expanded and Renovated School Facilities: The Staff Working Group shall provide recommendations on the planning of new facilities, additions or renovations for consideration by School Board staff and the School Site Planning and Construction Committee (“SSPCC”) in formulating the tentative district educational facilities plan. Likewise, the Staff Working Group shall also provide input and comments, recommendations on the update of the Five-Year Educational Plant Survey and any revisions thereto. 7 Page 197 of 243 CALENDAR OF KEY ANNUAL DATES March 31 Staff Working Group meeting re enrollment projections April 30 Staff Working Group Meeting re any proposed amendments to the school-related comprehensive plan provisions proposed for the first County transmittal cycle May 31 Planning Forum to review Tentative Capital Plan including but not limited to, new schools, additions, closures, and significant renovations, at a Joint Meeting of the Staff Working Group and the School Site Planning and Construction Committee (SSPCC) June 30 Cities and County provide School Board with written comments on Tentative Educational Facilities Plan introduced at Planning Forum August 31 School Board provides final proposed Tentative Educational Facilities Plan to County and Cities September 30 Cities’ and County’s Growth Reports to School Board September 30 School Board adoption of District’s updated Five Year Plan as a part of the Tentative Educational Facilities Plan October 20 School Board’s provision of copy of adopted version District’s updated Five Year Plan to County and Cities October 31 Staff Working Group meeting re any proposed amendments to the school-related comprehensive plan provisions proposed for the second County transmittal cycle December 1 District’s Updated Five Year Plan adopted into Cities’ and County’s comprehensive plans, and provision of adopted versions to School Board 8 Page 198 of 243 3.6 Public School Facilities Element: (a) Initial comprehensive plan amendments related to the Public Schools Facilities Element to satisfy the requirements of Chapter 2005-98, Laws of Florida: The amendments to the Public School Facilities Element and related amendments to the Capital Improvements Element and the Intergovernmental Coordination Element in the County’s and Cities’ comprehensive plans (“school-related element amendments” or “schoolrelated element provisions”) required to satisfy Chapter 2005-98, Laws of Florida are being adopted into the comprehensive plans of the County and Cities concurrently with the execution of this Amended and Restated Agreement by the County and Cities. Some provisions relevant to public schools may remain in the Future Land Use Element or other elements as may be appropriate. (b) Subsequent school-related element amendments: Thereafter, the experience with implementing the revised comprehensive plans and the School Board’s District Facilities Work Program shall be reviewed by the County and Cities each year, at a Staff Working Group meeting to be held no later than April 30 (County’s first comprehensive plan amendment cycle) or October 31 (County’s second comprehensive plan amendment cycle), to determine whether updates to the comprehensive plans are required. At a minimum, the District Facilities Work Program shall be updated annually by the addition of a new fifth year as provided in Section 9.3. Any other amendments to the comprehensive plans shall be transmitted in time to allow their adoption concurrently with the update to the District Facilities Work Program, where feasible. Amendments to the comprehensive plans shall be considered in accordance with the County’s comprehensive planning cycle. (c) School Board review of school-related element amendments: All school-related element amendments shall be provided to the School Board at least ninety (90) days prior to transmittal (or adoption if no transmittal is required). The School Board shall review the school-related element amendments and provide comments, if any, to the relevant local government either (i) in writing at least thirty (30) days prior to the local planning agency meeting on the school-related element amendment, or (ii) by attending and providing comments at the local planning agency meeting. (d) Countywide consistency of school-related element amendments: The County’s and Cities’ school-related element provisions must be consistent with the uniform district-wide public school concurrency system, with each other, and with the School Board’s facilities, plans and policies. Each City may choose to adopt all or a portion of the County’s school-related element provisions into its comprehensive plan by reference, or it may 9 Page 199 of 243 adopt its own school-related element provisions. If a City adopts its own school-related element provisions, any goal, objective, policy or other provision relevant to the establishment and maintenance of a uniform district-wide public school concurrency system shall be substantially the same as its counterpart in the County comprehensive plan and other Cities’ comprehensive plans. If any school-related element amendment is proposed that deviates from the uniform district-wide public school concurrency system, it shall not become effective until the last party adopts it into its comprehensive plan. Such proposals shall be forwarded to the Staff Working Group for review, and the adoption of any such changes shall be timed to coincide with the County’s comprehensive plan amendment cycle. Once each City and the County have adopted such a plan amendment and these amendments have all become effective, then the new requirement shall apply countywide. Each City and the County may adopt the District Facilities Work Work Program into its comprehensive plan either by reference or by restatement of the relevant portions of that Facilities Work Program, but in no event shall a City or the County attempt to modify that Facilities Work Program. The County and Cities agree to coordinate the timing of approval of school-related element amendments, to the extent that it is feasible to do so. To the extent that a proposed school-related element amendment is inconsistent with this Amended and Restated Agreement, an amendment to this Agreement shall also be required before the amended element becomes effective. (d) Evaluation and Appraisal Report: In addition to the other coordination procedures provided for in this Amended and Restated Agreement, at the time of the Evaluation and Appraisal Report, the County and Cities shall schedule at least one Staff Working Group meeting with the School Board to address needed updates to the school-related comprehensive plan provisions. Section 4. School Site Selection, Significant Renovations, and Potential School Closures 4.1 The School Board staff has amended Rule 6Gx13-2C-1.083, Section II.D. Membership, to expand the membership of its standing School Site Planning and Construction Committee (SSPCC) by four voting members as follows: “a floating member” designated by the City Manager of the most impacted municipality to which the agenda item relates whenever an agenda item concerns any incorporated area of Miami-Dade County, or if it concerns an unincorporated area, this “floating member” shall be from the geographically nearest municipality most impacted by the agenda item; a representative selected by the Miami-Dade County League of Cities; a Miami-Dade County representative selected by the County Manager or designee; and a member of the residential construction industry. For purposes of this Section, a floating member 10 Page 200 of 243 from the most impacted local government shall be defined as the local government jurisdiction in which the proposed project is located. The SSPCC shall review potential sites for new schools and proposals for significant renovation, the location of relocatables or additions to existing buildings, and potential closure of existing schools, and make recommendations on these and all other issues within its purview under the Rule for consideration by School Board staff. The SSPCC shall also: (a) Host a planning forum, by May 31, as a joint meeting of the Staff Working Group and School Site Planning and Construction Committee on an annual basis or more often as may be needed. For purposes of this forum, the SSPCC shall invite a representative from each of the impacted units of government to participate in the proceedings and to provide input and comments, for consideration by the SSPCC in its deliberations. The forum will review the School Board's acquisition schedule and all other relevant issues addressed in this Amended and Restated Agreement and required by statute, and will include appropriate staff members of the School Board, at least one staff member of the County and a representative from each of the affected Cities. Based on information gathered during the review, the SSPCC will submit recommendations to the Superintendent or designee for the upcoming year. (b) Invite a staff representative from each unit of local government affected by an agenda item at any SSPCC meeting throughout the year to attend that meeting. It shall provide a full opportunity for such local government representatives to provide comments, and shall consider those comments in its deliberations. Based on information gathered during the review, the SSPCC will submit recommendations to the Superintendent or designee on these items. For purposes of this Sub Section, an affected local government shall be defined as follows: a. Any jurisdiction within fifteen hundred (1,500) feet of the property or improvement; and b. Any jurisdiction whose utilities are utilized by the School Board property or improvement. The School Board Superintendent and/or designee shall provide the invitations referenced in this Section 4.1, with at least thirty (30) days advance written notice of such meeting to the person designated as a contact in this Amended and Restated Agreement. The Superintendent or designee shall forward the SSPCC recommendations referenced in this Amended and Restated Agreement to the School Board so that they may be considered by the Board at the time that it deals with the issues to which the recommendations relate. 11 Page 201 of 243 4.2 When the need for a new school is identified and funded in the District Facilities Work Program, the SSPCC will review a list of potential sites in the area of need. The list of potential sites for new schools and the list of schools identified and funded in the District Facilities Work Program for significant renovation, the location of relocatables, or additions to existing buildings and potential closure and opportunities for collocation will be submitted to the local government with jurisdiction over the use of the land for an informal assessment regarding consistency with the local government comprehensive plan. 4.3 The evaluation of new school sites or significant expansion of student stations at existing schools shall be in accordance with School Board Rule 6Gx13-2C-1.083, as may be amended from time to time and attached hereto as Exhibit 1. Any proposed amendments to this rule, which may impact upon the terms of this Amended and Restated Agreement, shall be submitted to the affected local units of government prior to submission to the SSPCC and to the School Board. 4.4 Pursuant to Section 1013.33(11), Florida Statutes, at least sixty (60) days prior to acquiring or leasing property that may be used for a new public educational facility, the School Board shall provide written notice to the local government with jurisdiction over the use of the land. The local government, upon receipt of this notice, shall notify the School Board within forty-five (45) days if the proposed new school site is consistent with the land use categories as depicted in the future land use map series, as well as the policies of the local government’s comprehensive plan. If the site is not consistent, it shall not be used as a school site until and unless otherwise approved by the local government. This preliminary notice does not constitute the local government’s determination of consistency pursuant to Section 1013.33(12), Florida Statutes. Section 5. Supporting Infrastructure 5.1 In conjunction with the preliminary consistency determination described at subsection 4.4 of this Amended and Restated Agreement, the School Board and affected local governments will jointly determine the need for, and timing of, on-site and off-site improvements necessary to support each new school or the proposed significant expansion of an existing school, in those instances where capacity is being added to accommodate new student populations. Significant expansion shall include construction improvements that result in a greater than five (5) percent increase in student capacity, the location of relocatables, or additions to existing buildings for high schools with a capacity of more than 2,000 students. For significant expansions to high schools with a capacity of less than 2,000 and for middle schools, the applicable percentage shall be ten (10) percent, and for significant expansions to elementary schools (including K-8 centers), the applicable percentage 12 Page 202 of 243 shall be fifteen (15) percent. The School Board and affected local government will enter into a letter of agreement as to the timing, location, and the party or parties responsible for constructing, operating and maintaining the required on-site and off-site improvements related to the expansions and new schools referenced above, respectively. This section shall not be construed to require the affected local unit of government to bear any costs of infrastructure improvements related to school improvements. Section 6. Public Education Facilities Site Plan Review 6.1 The School Board and the County will continue to coordinate any and all proposed construction or expansion of public educational facilities, including the general location of new schools in unincorporated Miami-Dade County, with the County’s Comprehensive Development Master Plan (CDMP) and local land development regulations in accordance with the review procedures outlined in Miami-Dade County Resolution R-678-06, as adopted on June 6, 2006. 6.2 The School Board will coordinate any and all proposed construction or expansion of public educational facilities, including the location of new schools or relocatables, within any City’s jurisdiction with that City’s adopted comprehensive plan and land development regulations. This coordination shall be accomplished in accordance with the provisions of Sections 1013.33(12) through (15), Florida Statutes. The affected City shall provide all of its comments to the School Board as expeditiously as feasible, and not later than sixty (60) days after receipt of the complete site plan. Section 7. Local Planning Agency, Comprehensive Plan Amendments, Rezonings, and Developments of Regional Impact 7.1 In accordance with the requirements of and to the extent required by Section 163.3174(1), Florida Statutes, the County and Cities will invite a staff representative appointed by the School Board to attend meetings, on an as needed basis, of their local planning agencies or equivalent agencies that first consider comprehensive plan amendments and rezonings at which comprehensive plan amendments, rezonings, or Development of Regional Impact proposals or amendments are considered that would, if approved, increase residential density. The County and Cities may appoint such School Board representative to the planning agency, and, at their sole discretion, may grant voting status to the School Board representative. 7.2 The School Board will designate a staff representative to serve in an advisory support capacity on the County’s staff development review committee, or equivalent body. In addition, the School Board 13 Page 203 of 243 representative will be invited to participate at the meetings of the Cities’ staff development review committees, or equivalent body, as appropriate, when comprehensive plan amendments, rezonings or Development of Regional Impact proposals or amendments are proposed that would create an increase in the number of residential units. It shall be the responsibility of School Board staff to be prepared to comment in writing to the local staff development review committees at least five (5) days prior to the meeting or development review committee review, for their consideration. These comments shall include a statement that the application will be subject to public school concurrency review at the plat, site plan or functional equivalent stage, consistent with Section 9 of this Amended and Restated Agreement. A copy of the application shall be delivered to the School Board representative at least fifteen (15) working days prior to the proposed meeting date, or on the date the agenda is distributed. The School Board’s review shall be conducted in accordance with agreed upon procedures to be developed through a collaborative process with the Staff Working Group. 7.3 The County and the Cities agree to transmit to the School Board copies of proposed comprehensive plan amendments, rezonings, and Development of Regional Impact proposals or amendments that may affect student enrollment, enrollment projections, or school facilities 7.4 Within thirty (30) days after receipt of notification by the local government, which notification shall include development plans, the School Board will advise the local government of the school enrollment impacts anticipated to result from the proposed comprehensive plan amendment, rezoning, or Development of Regional Impact proposals or amendments The School Board will also include capacity information on approved charter schools that provide relief in the area of impact. The School Board may charge a non-refundable application fee payable to the School Board to reimburse the cost to review comprehensive plans, rezonings and Development of Regional Impact proposals or amendments pursuant to this Section. In that event, payment may be required prior to the commencement of review. 7.5 The review by the School Board staff regarding comprehensive plan amendments, rezonings and Development of Regional Impact proposals or amendments containing residential units shall be classified as “Public Schools Planning Level Review (Schools Planning Level Review)”. The Schools Planning Level Review does not constitute public school concurrency review. This Section shall not be construed to obligate a City or County to deny or approve (or to preclude a City or County from approving or denying) an application. 7.6 In the review and consideration of comprehensive plan amendments, rezonings, and Development of Regional Impact proposals 14 Page 204 of 243 or amendments, and their respective potential school impacts, the County and Cities should consider the following issues: a. School Board comments, which may include available school capacity or planned improvements to increase school capacity, including School Board approved charter schools and operational constraints (e.g., establishment of or modifications to attendance boundaries and controlled choice zones), if any, that may impact school capacity within an area, including public-private partnerships. Failure of the School Board to provide comments to the County or Cities within thirty (30) days as specified in Section 7.4 may be considered by the parties as a response of “no comment.” In such a scenario, the County and Cities shall not be obligated to delay final action by the County Commission or City Council; b. The provision of school sites and facilities within planned neighborhoods; c. Compatibility of land uses adjacent to existing schools and reserved or proposed school sites; d. The potential for collocation of parks, recreation and neighborhood facilities with school sites; e. The potential for linkage of schools, parks, libraries and other public facilities with bikeways, trails, and sidewalks for safe access; f. Traffic circulation plans that serve schools and the surrounding neighborhood, including off-site signalization, signage, and access improvements; and g. The general location of public schools proposed in the District Facilities Work Program as well as other available information over a ten (10) and twenty (20) year time frame. 7.7 In formulating community development plans and programs, the County and Cities should consider the following issues: a. Giving priority to scheduling capital improvements that are coordinated with and meet the capital needs identified in the District Facilities Work Program; b. Providing incentives that promote collaborative efforts between the School Board and the private sector to develop adequate school facilities in residential developments; c. Targeting Targeting community development improvements in older and distressed neighborhoods near existing or proposed School Board 15 Page 205 of 243 owned and operated public schools and School Board approved charter schools; d. Coordination with neighboring jurisdictions to address public school issues of mutual concern; and e. Approval and funding of community development districts (CDD) and other available funding mechanisms created by state law. Section 8. Collocation and Shared Use 8.1 Collocation and shared use of facilities are important to both the School Board and local governments. The School Board, Cities and County will work together, via the Staff Working Group, the SSPCC, and the Citizens Oversight Committee to look for opportunities to collocate and share use of school facilities and civic facilities when preparing the District Facilities Work Program. Likewise, collocation and shared use opportunities will be considered by the local governments when preparing the annual update to the comprehensive plan’s schedule of capital improvements and when planning and designing new, or renovating existing, community facilities. For example, potential opportunities for collocation and shared use with public schools will be considered where compatible for existing or planned libraries, parks, recreation facilities, community centers, auditoriums, learning centers, museums, performing arts centers, and stadiums. In addition, the potential for collocation and shared use of school and governmental facilities for joint use by the community will also be considered. 8.2 A separate agreement or an amendment to a master agreement between the School Board and the appropriate local government will be developed for each instance of collocation and shared use, which addresses legal liability, operating and maintenance costs, scheduling of use, and facility supervision or any other issues that may arise from collocation and shared use. 8.3 Collocation and shared use as provided for in this Amended and Restated Agreement may include the sharing of county and municipal facilities for student use, such as use of a park for park purposes by students from a neighboring public school, and similarly may include the use of public school facilities by the community. 8.4 In order to maximize the efficient utilization of public funding and to further the collocation and shared use of county and municipal facilities with School Board-owned and operated public schools, local governments are strongly encouraged not to require the provision or enhancement of charter school facilities as a condition of local development approval. 16 Page 206 of 243 Section 9. Implementation of Public School Concurrency 9.1 This section establishes the mechanisms for coordinating the development, adoption, and amendment of the District Facilities Work Program, as well as the Public School Facilities Elements and the Intergovernmental Coordination and Capital Improvements Elements of the County and Cities’ comprehensive plans, in order to implement a uniform districtwide public school concurrency system as required by law. 9.2 The School Board, County and Cities agree to the following principles for public school concurrency in Miami-Dade County: (a) Capacity Methodology and Formula for Availability: The uniform methodology for determining if a particular school is overcapacity shall be determined by the School Board and adopted into the County’s and Cities’ comprehensive plans. The School Board hereby selects Florida Inventory of School Houses (FISH) capacity as the uniform methodology to determine the capacity of each school. The capacity and enrollment numbers for a school shall be determined once a year, in October. The School Board will issue an evaluation report determining whether adequate school capacity exists for a proposed development, based on the adopted Level of Service Standards, concurrency service areas, and other standards set forth in this Amended and Restated Agreement, as follows: 1. Calculate total school facility capacity by adding the capacity provided by an existing school facility to the capacity of any planned school facilities programmed to provide relief to that school facility, listed in the first three (3) years of the District Facilities Work Program. 2. Calculate available school facility capacity by subtracting from the total school facility capacity the sum of: a. Current student enrollment (school facility capacity consumed by preexisting development); b. The portion of reserved capacity having a valid unexpired certificate of concurrency from the School Board; and c. The portion of previously approved development (vested from concurrency) projected to be developed within three (3) years. 17 Page 207 of 243 3. Calculate the proposed development’s demand for school facility capacity by: a. Applying the student generation rate to the proposed development to determine its total demand; and b. Subtracting a credit for the total district-wide enrollment of magnet and charter school facilities. 4. Subtract the proposed development’s demand for school facility capacity from the available school facility capacity to determine if there is a deficit. If so, repeat the process to determine if school facility capacity is available in any contiguous Concurrency Service Area (“CSA”) in the same Geographic Area (Northwest, Northeast, Southwest, or Southeast), which map is attached hereto as Exhibit 2. The School Board may charge a non-refundable application fee payable to the School Board to reimburse the cost to review matters related to public school concurrency. In that event, payment may be required prior to the commencement of review. In evaluating a final subdivision, site plan, or functional equivalent for concurrency, any relevant programmed improvements in the current year, or Years 2 or 3 of the District Facilities Work Program shall be considered available capacity for the project and factored into the Level of Service analysis. Any relevant programmed improvements in Years 4 or 5 of the District Facilities Work Program shall not be considered available capacity for the project unless funding to accelerate the improvement is assured through the School Board, through proportionate share mitigation or some other means of assuring adequate capacity will be available within three (3) years. Relocatable classrooms may be used by the Miami-Dade County Public School System as an operational solution during replacement, renovation, remodeling or expansion of a public school facility; and in the event of a disaster or emergency which prevents the School Board from using a portion of the affected school facility. (b) Level of Service Standards: Public school concurrency shall be applied on a less than district-wide basis, to concurrency service areas as described in subsection (c), except for Magnet Schools where public school concurrency shall be applied on a district wide basis. Level of Service standards for public school facilities apply to those traditional educational facilities, owned and operated by Miami-Dade County Public Schools, that are required to serve the residential development within their 18 Page 208 of 243 established concurrency service area. Level of Service standards do not apply to charter schools. However, the actual enrollment (October Full Time Equivalent (FTE)) of both magnet and charter schools as a percentage of the total district enrollment will be credited against the impact of development. The uniform, district-wide Level of Service Standards for Public School Facilities are initially set as follows, and shall be adopted in the County’s and Cities’ Public School Facilities Elements and Capital Improvements Elements: 1. The adopted Level of Service (LOS) Standard for all Miami-Dade County Public School facilities is 100% 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. 2. The adopted LOS standard for Magnet Schools is 100% of FISH (With Relocatable Classrooms) which shall be calculated on a district-wide basis. 3. It is the goal of Miami-Dade County Public Schools and Miami-Dade County for all public school facilities to achieve 100% utilization of Permanent FISH (No Relocatable Classrooms) by January 1, 2018. To help achieve the desired 100% of permanent FISH utilization 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 (No Relocatable Classrooms) should, to the extent possible, no longer utilize relocatable classrooms, except as an operational solution. Beginning January 1, 2013, the Miami-Dade County Public Schools will implement a schedule to eliminate all remaining relocatable classrooms by January 1, 2018. By December 2010, Miami-Dade County in cooperation with Miami-Dade County Public Schools will assess the viability of modifying the adopted LOS standard to 100% utilization of Permanent FISH (No Relocatable Classrooms) for all CSAs. 4. Relocatable classrooms may be used by the Miami-Dade County Public School System as an operational solution during replacement, renovation, remodeling or expansion of a public school facility; and in the event of a disaster or emergency which 19 Page 209 of 243 prevents the School Board from using a portion of the affected school facility. Potential amendments to these LOS Standards shall be considered at least annually at the Staff Working Group meeting to take place no later than April 30 or October 31 of each year. If there is a consensus to amend any LOS Standard, it shall be accomplished by the execution of an amendment to this Amended and Restated Agreement by all parties and the adoption of amendments to the County’s and each City’s comprehensive plan. The amended LOS Standard shall not be effective until all plan amendments are effective and the amendment to this Amended and Restated Agreement is fully executed. No LOS Standard shall be amended without a showing that the amended LOS Standard is financially feasible and can be achieved and maintained over the five years of the District Facilities Work Program. After adoption of the District’s first Facilities Work Program which was relied on for public school concurrency requirements, capacity shall be maintained within each year of the District’s subsequent Facilities Work Program. If the impact of the project will not be felt until Years 2 or 3 of the District Facilities Work Program, then any relevant programmed improvements in those years shall be considered available capacity for the project and factored into the Level of Service analysis. If the impact of the project will not be felt until Years 4 or 5 of the District Facilities Work Program, then any relevant programmed improvements shall not be considered available capacity for the project unless funding of the improvement is assured, through School Board funding, the proportionate share mitigation process, or some other means, and the project is accelerated into the first three (3) years of the District Facilities Work Program. (c) Concurrency Service Areas: The Concurrency Service Area (CSA) shall be the student attendance boundaries for elementary, middle and high schools. The concurrency service area boundaries shall be part of the data and analysis in support of the County’s and Cities’ comprehensive plans. Concurrency service areas shall maximize capacity utilization, taking into account transportation costs, limiting maximum student travel times, the effect of court-approved desegregation plans, achieving socio-economic, racial, cultural and diversity objectives, and other relevant factors as determined by the School Board’s policy on maximization of capacity. The School Board shall address how capacity has been maximized in the affected concurrency service area. For purposes of this Amended and Restated Agreement, maximization of capacity shall mean any operational or physical adjustment that increases the available capacity of a school or 20 Page 210 of 243 a concurrency service area. Maximization may take into account several factors, including transportation costs, student travel times, socioeconomic objectives, and recognition of the timing of capacity commitments. These adjustments may include, but are not limited to, physical changes to the school facility such as expansions or renovations, and operational changes such as staggered schedules, floating teachers, or reassignment of students. The types of physical and operational adjustments to school capacity that will be used in Miami-Dade County, and the circumstances under which they are appropriate, will be determined by the School Board’s policy on maximization of capacity, as set forth in the Public School Facilities Element. Potential amendments to the concurrency service areas, other than periodic adjustments to student attendance boundaries, or to redefine the concurrency service area as a different type of boundary or area shall be considered annually at the Staff Working Group meeting to take place each year no later than April 30 or October 31, and shall take into account the issue of maximization of capacity. Other considerations for amending the concurrency service areas may include safe access (including factors such as the presence of sidewalks, bicycle paths, turn lanes and signalization, general walkability), diversity, and geographic or manmade constraints to travel. If there is a consensus to change the concurrency service area to a different type of service area or geographic configuration, it shall be accomplished by the execution of an amendment to this Amended and Restated Agreement. The changed concurrency service area shall not be effective until the amendment to this Amended and Restated Agreement is fully executed and related amendments to the County and Cities’ comprehensive plans are adopted. Proposed amendments to the concurrency service areas shall be presented to the Staff Working Group and incorporated as updated data and analysis in support of the County’s and Cities’ comprehensive plans. No concurrency service area shall be amended or redefined without a showing that the amended or redefined concurrency service area boundaries are financially feasible and can be achieved and that the adopted LOS Standard can be maintained over the five years of the District Facilities Work Program. If maximization of capacity has not resulted in sufficient capacity, so that the adoption of the development proposal would result in a failure to meet the Level of Service Standard, and if capacity is available in one or more contiguous concurrency service areas within the first three years of the District Facilities Work Program in the same Geographic Area (Northwest, Northeast, Southwest, Southeast) as the development, the School Board, at its discretion, shall determine the contiguous concurrency service area to which the development impacts will be shifted. If there is still not enough capacity to absorb the impacts of the development proposal after maximization of capacity and shifting of impacts, then the School Board 21 Page 211 of 243 will notify the local government in writing of the finding, and the local government shall then notify the applicant of the finding. (d) Student Generation Multipliers: The School Board staff, working with the County staff and Cities’ staffs, have developed and applied student generation multipliers for residential units by type and Minor Statistical Area for schools of each type, considering past trends in student enrollment in order to project school enrollment. The student generation rates shall be determined by the School Board in accordance with professionally accepted methodologies, shall be updated at least every three (3) years inasmuch as possible, and shall be adopted into the County’s and Cities’ comprehensive plans. The school enrollment projections will be included in the tentative district educational facilities plan provided to the County and Cities each year as specified in Subsection 3.1 of this Amended and Restated Agreement. (e) Concurrency Management System: The County and Cities shall amend the concurrency management systems in their land development regulations to require that all non-exempt new residential units be reviewed for public school concurrency at the time of final plat or site plan (or functional equivalent), using the coordination processes specified in Section 7 above, within one hundred and twenty (120) days of the effective date of the Comprehensive Plan amendment(s) implementing public school concurrency. In the event that the Comprehensive Plan amendment(s) or amendment(s) to this Amended and Restated Agreement, which are necessary to implement public school concurrency are challenged, the land development regulations shall be adopted within one hundred and twenty (120) days after the resolution of such challenge. The County or any City may choose to request from the School Board’s staff and provide an informational assessment of public school concurrency at the time of preliminary plat or subdivision, but the test of concurrency shall be at final subdivision, site plan (or functional equivalent). The assessment of available capacity by the School Board shall consider maximization of capacity and shifting of impacts as further detailed above. The County and Cities shall not deny a final subdivision or site plan (or functional equivalent) for the failure to achieve and maintain the adopted Level of Service Standard for public school capacity where: (i) adequate school facilities will be in place or under actual construction within three (3) years after the issuance of the final subdivision or site plan (or functional equivalent); or (ii) the developer executes a legally binding commitment to provide mitigation proportionate to the demand for public school facilities to be created by the actual development of 22 Page 212 of 243 the property subject to the final plat or site plan (or functional equivalent) as provided in Section 9.2(g) below. However, this Amended and Restated Agreement shall not be construed to limit the authority of any City or the County to deny the final plat or site plan (or functional equivalent) for reasons other than failure to achieve and maintain the adopted Level of Service Standard for public school capacity. The County and Cities, in consultation with the School Board, shall also amend their concurrency management systems in their land development regulations to address public school facilities, so that the annual monitoring reports provided to their governing bodies shall cover schools as well as the other concurrency facilities within one hundred and twenty (120) days of the effective date of this Amended and Restated Agreement. Upon final action by the City or County regarding the application for final plat, site plan or functional equivalent, the City or County shall send written notice to the School Board indicating that the application was granted final approval or denied. If the application received final approval, the school concurrency approval for the development and anticipated students shall be valid for up to two (2) years, beginning from the date the application received final approval from the City or County, except as may be provided by federal law and as further specified in the applicable concurrency management system regulations, unless otherwise released by the appropriate governing body in which case, within ten (10) business days of the release the appropriate governing body shall notify the School Board of such and request the capacity reservation be cancelled. An extension of the reservation period may be granted when the applicant demonstrates that development has commenced on a timely basis and is continuing in good faith, provided that the total reservation period does not exceed six (6) years, as further specified in the applicable concurrency management system regulations. If the application was denied, the School Board’s staff shall deduct from its database the students associated with the application. (f) Proportionate Share Mitigation: The School Board shall establish within the District Facilities Work Program the following standards for the application of proportionate share mitigation: 1. Student Generation Multipliers for single family, multi family and mobile home housing types for elementary, middle and high schools. Student Generation Multipliers shall be based upon the best available district-specific data and derived by a professionally acceptable methodology acceptable to the School Board; 23 Page 213 of 243 2. Cost per Student Station estimates for elementary, middle and high schools. Such estimates shall include all cost of providing instructional and core capacity including, without limitation, land, design, buildings, equipment and furniture, and site improvements. The cost of ancillary facilities that generally support the School Board and the capital costs associated with the transportation of students shall not be included in the Cost per Student Station estimate used for proportionate share mitigation; 3. The capacity of each school; and 4. The current and reserved enrollment of each school. The above factors shall be reviewed annually and certified for application for proportionate share mitigation purposes during the period that the District Facilities Work Program is in effect. In the event that there is not sufficient capacity in the affected or contiguous concurrency service area to address the impacts of a proposed development, the following steps shall apply. Either (i) the project must provide capacity enhancement sufficient to meet its impacts through proportionate share mitigation; or (ii) a condition of approval of the site plan or final plat (or functional equivalent) shall be that the project’s impacts shall be phased and building permits shall be delayed to a date when capacity enhancement and Level of Service can be assured; or (iii) the project must not be approved. The school board and the affected local government shall coordinate on the possibility of mitigation. Options for providing proportionate share mitigation for any approval of additional residential dwelling units that triggers a failure to meet the Level of Service Standard for public school capacity will be specified in the County’s and Cities’ Public School Facilities Elements. Options shall include the following: 1. Money – Contribute full capital cost of a planned project, or project proposed to be added to the first three (3) years of the District Facilities Work Program, in the affected concurrency service areas, providing providing sufficient capacity to absorb the excess impacts of the development, on land owned by the School Board or donated by another development. 2. Land -Donate land to and/or capital dollars equal to the cost of impact to the School Board needed for construction of a planned project, or project proposed to be added to the first three (3) years of the District Facilities Work Program in the affected concurrency service areas, and 24 Page 214 of 243 the School Board or some other entity funds the construction of or constructs the project. 3. Construction -Build a planned project, or project proposed to be added to the first three (3) years of the District Facilities Work Program, on land owned by the School Board or donated by another development, with sufficient capacity to absorb the excess impact of the development in the affected concurrency service area. (Usually, projects are more than one classroom). 4. Mix and Match -Combine two or more of these options to provide sufficient capacity to mitigate the estimated impact of the residential development on the affected concurrency service areas. 5. Mitigation banking -Mitigation banking within designated areas based on the construction of a public school facility in exchange for the right to sell capacity credits. Capacity credits shall only be transferred to developments within the same concurrency service area or a contiguous concurrency service area. Mitigation banking shall be administered by the School Board in accordance with the requirements of the concurrency mitigation system. Proportionate-share mitigation must be acceptable to the School Board. Mitigation shall be directed to projects in the first three (3) years of the District Facilities Work Program that the School Board agrees will satisfy the demand created by that development approval. The amount of mitigation required shall be calculated based on the cost per student station, as defined above, and for each school type (elementary, middle and high) for which there is not sufficient capacity. The Proportionate Share for a development shall be determined by the following formulas: Number Of New Student Stations Required For Mitigation (By School Type) = [Number Of Dwelling Units Generated By Development Proposal, By Housing Type x Student Generation Multiplier (By Housing Type And School Type)] – Credit for Districtwide Capacity of Magnet Schools and Charter Schools – Number of Available Student Stations Cost of Proportionate Share Mitigation = Number Of New Student Stations Required For Mitigation (By School Type) x Cost Per Student Station (By School Type). 25 Page 215 of 243 The full cost of proportionate share mitigation shall be required from the proposed development. The local government and the School Board shall consider the evaluation report and the options that may be available for proportionate share mitigation including the amendment of the District Facilities Work Program. If the local government and the School Board find that options exist for proportionate share mitigation, they shall authorize the preparation of a development agreement and other documentation appropriate to implement the proportionate share mitigation option(s). A legally binding development agreement shall be entered into between the School Board, the relevant local government, and the applicant and executed prior to issuance of the final plat, site plan or functional equivalent. In that agreement, if the School Board accepts the mitigation, the School Board must commit to place the improvement required for mitigation on the first three (3) years of the Five Year Plan. This development agreement shall include the landowner’s commitment to continuing renewal of the development agreement until the mitigation is completed as determined by the School Board. This agreement shall also address the amount of the impact fee credit that may be due for the mitigation, and the manner in which it will be credited. Upon execution of a development agreement among the applicant, the local government and the School Board, the local government may issue a development order for the development. The development order shall condition approval upon compliance with the development agreement. 9.3 Updates to Public School Concurrency: The School Board, County and Cities shall use the processes and information sharing mechanisms outlined in this Amended and Restated Agreement to ensure that the uniform district-wide public school concurrency system is updated, the District Facilities Work Program remains financially feasible in the future, and any desired modifications are made. The District’s updated Five-Year Plan will be adopted into the County’s and Cities’ capital improvement elements no later than December 1 of each year. The School Board shall not amend the District Facilities Work Program as to modify, delay or delete any project that affects student capacity in the first three (3) years of the Five Year Plan unless the School District staff, with the concurrence of a majority of the School Board members, provides written confirmation that: 1. The modification, delay or deletion of a project is required in order to meet the School Board’s constitutional obligation to provide 26 Page 216 of 243 a county-wide uniform system of free public schools or other legal obligations imposed by state or federal law; or 2. The modification, delay or deletion of a project is occasioned by unanticipated change in population projections or growth patterns or is required in order to provide needed capacity in a location that has a current greater need than the originally planned location and does not cause the adopted LOS standard to be exceeded in the Concurrency Service Area from which the originally planned project is modified, delayed or deleted; or 3. The project schedule or scope has been modified to address local government concerns, and the modification does not cause the adopted LOS standard to be exceeded in the Concurrency Service Area from which the originally planned project is modified, delayed or deleted; and 4. The Staff Working Group has had the opportunity to review the proposed amendment and has submitted its recommendation to the Superintendent or designee. The School Board may amend the District Facilities Work Program at any time to add necessary capacity projects to satisfy the provisions of this Agreement. For additions to the District Facilities Work Program, the School Board must demonstrate its ability to maintain its financial feasibility. 9.4 Exemptions and Vested Development: The following types of developments shall be exempt from the requirements of public school concurrency: a. Developments that result in a total impact of less than one (1) student in any level or type of school; and b. Development with covenants restricting occupancy to exclude school age children (e.g., 55 and over). The following types of developments shall be considered vested from the requirements of public school concurrency: a. Developments with a valid, unexpired site plan or final plat or functional equivalent, as of December 31, 2007; b. Developments that have executed and recorded covenants or have provided monetary mitigation payments, as of December 31, 27 Page 217 of 243 2007, under the School Board’s current voluntary mitigation procedures; c. Any Development of Regional Impact for which a development order was issued, pursuant to Chapter 380, Florida Statutes, prior to July 1, 2005. Also, any Development of Regional Impact for which an application was submitted prior to May 1, 2005. Section 10. Resolution of Disputes 10.1 If the parties to this Amended and Restated Agreement are unable to resolve any issue in which they may be in disagreement covered in this Amended and Restated Agreement, the applicable parties to the dispute will employ dispute resolution procedures pursuant to Chapter 164 or Chapter 186, Florida Statutes, as amended from time to time, or any other mutually acceptable means of alternative dispute resolution. Each party shall bear their own attorney’s fees and costs. Section 11. Oversight Process 11.1 The School Board shall appoint up to nine (9) citizen members, the County and the Miami-Dade County League of Cities shall each appoint up to five (5) citizen members to serve on a committee to monitor implementation of this Amended and Restated Agreement. The School Board shall organize and staff the meetings of this Citizens Oversight Committee, calling on the Staff Working Group for assistance as needed. It shall provide no less than seven (7) days written notice of any meeting to the members of the Citizens Oversight Committee, the Staff Working Group, the SSPCC, County, Cities and to the public. Citizens Oversight Committee members shall be invited by the School Board to attend all meetings referenced in Sections 1 and 4 and shall receive copies of all reports and documents produced pursuant to this Amended and Restated Agreement. The Citizens Oversight Committee shall appoint a chairperson, meet at least annually, and report to participating local governments, the School Board and the general public on the effectiveness with which the interlocal agreement is being implemented. At least sixty (60) days prior to the annual meeting of the Citizens Oversight Oversight Committee, the Staff Working Group and the SSPCC shall each submit an annual report regarding the status of the implementation and effectiveness of the Agreement. These annual reports shall additionally be distributed to all parties to this Amended and Restated Agreement. Meetings of the Citizens Oversight Committee shall be conducted as public meetings, and provide opportunities for public participation. The Citizens Oversight Committee shall adopt bylaws that shall govern its operation. 28 Page 218 of 243 Section 12. Effective Date and Term This Amended and Restated Agreement shall take effect upon the date of publication of a Notice of Intent to find it consistent with the requirements of Section 163.31777(2), Florida Statutes. This Amended and Restated may be executed in any number of counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument and be the agreement between the parties. The failure of any party to execute the Agreement by January 1, 2008 may subject that party to penalties as provided by statute. This Amended and Restated Agreement may be amended by mutual adoption by all parties, at the yearly joint meeting or as the situation warrants. This Amended and Restated Agreement may be earlier cancelled by mutual agreement of individual Cities or County and the School Board, unless otherwise cancelled as provided or allowed by law. In such a case, the withdrawing party/ies and the School Board may be subject to sanctions from the Administration Commission and the Florida Department of Education, unless they enter into a separate agreement within 30 days that satisfies all of the relevant requirements of Florida Statutes. Any separate agreement must be consistent with the uniform district-wide public school concurrency system. Section 13. Severability If any item or provision of this Amended and Restated Agreement is held invalid or unenforceable, the remainder of the Agreement shall not be affected and every other term and provision of this Amended and Restated Agreement shall be deemed valid and enforceable to the extent permitted by law. Section 14. Notice and General Conditions A. All notices which may be given pursuant to this Amended and Restated Agreement, except notices for meetings provided for elsewhere herein, shall be in writing and shall be delivered by personal service or by certified mail return receipt requested addressed to the parties at their respective addresses indicated below or as the same may be changed in writing from time to time. Such notice shall be deemed given on the day on which personally served, or if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. 29 Page 219 of 243 City Manager City of Aventura 19200 West Country Club Drive Aventura, Florida 33180 Town Manager Town of Bay Harbor Islands 9665 Bay Harbor Terrace Bay Harbor Islands, Florida 33154 City Manager City of Coral Gables P.O. Box 141549 Coral Gables, Florida 33114-1549 Town Manager Town of Cutler Bay 10720 Caribbean Blvd., Suite 105 Cutler Bay, FL 33189 City Manager City of Doral 8300 NW 53rd Street, Suite 100 Doral, FL 33166 Mayor Village of El Portal 500 N.E. 87 Street El Portal, Florida 33138-3517 Mayor City of Florida City P.O. Box 343570 Florida City, Florida 33034-0570 Mayor City of Hialeah P.O. Box 110040 Hialeah, Florida 33011-0040 Chief Zoning Official City of Hialeah Gardens 10001 N.W. 87 Avenue Hialeah, Gardens, Florida 33016 30 Page 220 of 243 City Manager City of Homestead 790 North Homestead Boulevard Homestead, Florida 33030 Village Manager Village of Key Biscayne 85 West McIntyre Street Key Biscayne, Florida 33149 City Manager City of Miami 3500 Pan American Drive Miami, Florida 33133 City Manager City of Miami Beach City Hall 1700 Convention Center Drive Miami Beach, Florida 33139 City Manager City of Miami Gardens 1515 NW 167th Street, Suite 200 Miami Gardens, FL 33169 Town Manager Town of Miami Lakes 6853 Main Street Miami Lakes, Florida 33014 Village Manager Village of Miami Shores 10050 N.E. Second Avenue Miami Shores, Florida 33138 City of Miami Springs 201 Westward Drive Miami Springs, Florida 33166-5259 31 Page 221 of 243 City Manager City of North Bay Village 7903 East Drive North Bay Village, Florida 33141 City Manager City of North Miami 776 N.E. 125 Street North Miami, Florida 33161 City Manager City of North Miami Beach 17011 N.E. 19 Avenue North Miami Beach, Florida 33162 Director of Community Development and Planning City of Opa-Locka 777 Sharazad Boulevard Opa-Locka, Florida 33054 Village Attorney The Village of Palmetto Bay 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Planning Director Village of Pinecrest 12645 Pinecrest Parkway Pinecrest, Florida 33156 City Manager City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Deputy City Attorney City of Sunny Isles Beach 17070 Collins Avenue Sunny Isles Beach, Florida 33160 Mayor City of Sweetwater 500 S.W. 109 Avenue Sweetwater, Florida 33174-1398 32 Page 222 of 243 City Manager City of West Miami 901 S.W. 62 Avenue West Miami, Florida 33144 Miami-Dade County Director Department of Planning & Zoning 111 N.W. First Street Miami, Florida 33128 Superintendent The School Board of Miami-Dade County, Florida 1450 N. E. 2 Avenue, Room 912 Miami, Florida 33132 B. Title and Paragraph headings are for convenient reference and are not intended to confer any rights or obligations upon the parties to this Amended and Restated Agreement. Section 15. Merger Clause This Amended and Restated Agreement, together with the Exhibits hereto, sets forth the entire agreement between the parties and there are no promises or understandings other than those stated therein. It is further agreed that no modification, amendment or alteration of this Amended and Restated Agreement shall be effective unless contained in a written document executed with the same formality and of equal dignity herein. The Exhibits to this Amended and Restated Agreement will be deemed to be incorporated by reference as though set forth in full herein. In the event of a conflict or inconsistency between this Amended and Restated Agreement and the provisions in the incorporated Exhibits, then Amended and Restated Agreement will prevail. Any amendment to this Amended and Restated Agreement requested by a local legislative body of the County or a participating municipality will be placed on a School Board Agenda for consideration within sixty (60) days of the School Board’s receipt of such request. Likewise, any amendments to this Amended and Restated Agreement requested by the School Board will be placed on the agenda of the local legislative body of the County and participating municipalities for consideration, within sixty (60) days of receipt of the request. 33 Page 223 of 243 Section 16. Counterparts Clause This Amended and Restated Agreement may be executed in counterparts and facsimiles shall constitute best evidence for all purposes. Section 17. Supplementary Agreements All parties to this Amended and Restated Agreement stipulate that the School Board may enter into Supplementary Agreements with individual municipalities to address individual circumstances. Any such Supplementary Agreement shall be consistent with the statutes governing this Amended and Restated Agreement. Section 18. Favored Nations Should the School Board enter into an agreement with another municipality or County, separate or otherwise, which provides more beneficial terms than those agreed to herein, the School Board shall offer the same terms to all other parties to this Amended and Restated Agreement. Section 19. Exempt or Waived Municipalities 19.1. In cases where a municipality or other unit of local government (that is not a party to this Amended and Restated Agreement by virtue of statutory exemption or waiver) and whose decisions and/or actions with respect to development within the municipality’s or unit of local government’s jurisdiction, may impact on municipalities or units of local government which are parties to this Amended and Restated Agreement, the School Board agrees to contact, through its representatives or appropriate designees, these non-parties and invite them to become signatories to this Amended and Restated Agreement. Failure to secure a response or to have non-signatories become signatories to this Amended and Restated Agreement shall neither constitute, nor be considered, a breach of this Amended and Restated Agreement. 19.2 This section shall not be interpreted to prevent exempt or waived municipalities from participating in the processes under this Amended and Restated Agreement as they may relate to any public school facilities located in unincorporated Miami-Dade County. Section 20. No Third Party Beneficiaries. The parties expressly acknowledge that it is not their intent to create or confer any rights or obligations in or upon any third person or entity under this Amended and Restated Agreement. None of the parties intend to directly or substantially benefit a third party by this Amended and Restated 34 Page 224 of 243 Page 225 of 243 Signature page to be provided by each municipality. 36 Page 226 of 243 GLOSSARY Contiguous Concurrency Service Areas: Concurrency Service Areas which are contiguous and touch along one side of their outside geographic boundary. Affected Local Government: Any jurisdiction within 1,500 feet of, or whose utilities are utilized by the property or improvement under consideration by the School Board. Ancillary Facilities: The building, site and site improvements necessary to provide support services to the School Board’s educational program including, but not limited to vehicle storage and maintenance, warehouses or administrative buildings. Applicant: For the purposes of school concurrency, any person or entity undertaking a residential development. Attendance Boundary: The geographic area which is established to identify the public school assignment of students residing within that area. Available Capacity: Existing school capacity which is available within a Concurrency Service Area including any new school capacity that will be in place or under actual construction, as identified in the first three years of the School District’s Five Year Capital Plan. Cities: The municipalities within Miami-Dade County, except those that are exempt from the Public School Facilities Element, pursuant to Section 163.3177(12), F.S. Comprehensive Plan: As provided by Section 163.3164(4), F.S., as amended, a plan that meets the requirements of 163.3177 and 163.3178, F.S. Concurrency: As provided for in Florida Administrative Code Rule 9J-5.003, the necessary public facilities and services to maintain the adopted level of service standards are available when the impacts of development occur. Concurrency Service Area (CSA): A geographic area in which the level of service for schools is measured when an application for residential development is reviewed for school concurrency purposes. Consistency: See Section 163.3194, F.S. Development Order: As provided by Section 163.3164(7), F.S., as amended, any order granting, or granting with conditions, an application for a development permit. Educational Facility: The buildings and equipment, structures and special educational use areas that are built, installed or established to serve educational purposes only. Educational Plant Survey: a systematic study of schools conducted at least every five years and submitted to the DOE for review and validation. The survey includes an inventory of existing educational and ancillary plants, and recommendations for future needs. 37 Page 227 of 243 Evaluation Report: A report prepared by the School District, identifying if school capacity is available to serve a residential project, and if capacity exists, whether the proposed development is conceptually approved or vested. Exempt Local Government: A municipality which is not required to participate in school concurrency when meeting all the requirements for having no significant impact on school enrollment, per Section 163.3177(12)(b), F.S., or because it has received a waiver from the Department of Community Affairs per Section 163.31777(1)(c), F.S. Financial Feasibility: As provided in Section 163.3164(32), F.S., as amended, sufficient revenues are currently available or will be available from committed funding sources for the first 3 years, or will be available from committed or planned funding sources for years 4 and 5, of a 5-year capital improvement schedule for financing capital improvements, such as ad valorem taxes, bonds, state and federal funds, tax revenues, impact fees, and Applicant contributions, which are adequate to fund the projected costs of the capital improvements identified in the comprehensive plan necessary to ensure that adopted level of service standards are achieved and maintained within the period covered by the 5-year schedule of capital improvements. Five Year Plan: School District’s annual comprehensive capital planning document, that includes long range planning for facility needs over a five-year, ten-year and twenty-year planning horizon. The adopted School District’s Five-Year Work Program and Capital Budget as authorized by Section 1013.35, F.S. Florida Inventory of School Houses (FISH) – Permanent Capacity: The report of the permanent capacity of existing public school facilities. The FISH capacity is the number of students that may be housed in a facility (school) at any given time based on a percentage of the total number of existing student stations and a designated size for each program. Geographic Area: One of four quadrants (Northwest, Northeast, Southwest, Southeast) of Miami-Dade County as depicted in Exhibit 2 (attached). Level of Service (LOS) Standard: As provided for in the Florida Administrative Code Rule 9J-5.003, an indicator of the extent or degree of service provided by, or proposed to be provided by, a facility based on and related to the operational characteristics of the facility. Local Governments: Miami-Dade County and/or the Cities located within its boundary. Maximize Capacity Utilization: The use of student capacity in each CSA to the greatest extent possible, based on the adopted level of service and the total number of permanent student stations according to the FISH inventory, taking into account special considerations such as, core capacity, special programs, transportation costs, geographic impediments, court-ordered desegregation, and class size reduction requirements to prevent disparate enrollment levels between schools of the same type (elementary, middle, high) and provide an equitable distribution of student enrollment district-wide. 38 Page 228 of 243 Permanent School District Facilities: An area within a school that provides instructional space for the maximum number of students in core-curricula courses which are assigned to a teacher based on the constitutional amendment for class size reduction and is not moveable. Permanent Student Station: The floor area in a permanent classroom required to house a student in an instructional program, as determined by the FDOE. Proportionate Share Mitigation: An Applicant improvement or contribution identified in a binding and enforceable agreement between the Applicant, the School Board and the Local Government with jurisdiction over the approval of the plat, site plan or functional equivalent provide compensation for the additional demand on public school facilities caused by the residential development of the property, as set forth in Section 163.3180(13)(e), F.S. Public School Facilities: Facilities for the education of children from pre-kindergarten through twelfth grade operated by the School District. School School Board: The governing body of the School District, a political subdivision of the State of Florida and a body corporate pursuant to Section 1001.40, F.S. School District of Miami-Dade County: The School District created and existing pursuant to Section 4, Article IX of the State of Florida Constitution. Student Generation Multiplier (SGM): A rate used to calculate the number of students by school type (elementary, middle, high) and housing type (single-family, multifamily, etc.) that can be anticipated from a new residential development. Type of School: Schools providing the same level of education, i.e. elementary, middle, high school, or other combination of grade levels. Utilization: A ratio showing the comparison of the total number of students enrolled to the overall capacity of a public school facility within a Concurrency Service Area (CSA). 39 Page 229 of 243 6Gx13-2C-1.083 Administrative Operations EDUCATIONAL FACILITIES PLANNING, SITE SELECTION AND ACQUISITION, AND CONSTRUCTION I. Intent --The intent of the School Board is: A. To establish a broad-based, external educational facilities committee, to be called School Site Planning and Construction (SSPC) Committee, to advise the School Board on the implementation of the District=s adopted five-year work program, and to make independent recommendations to the School Board and the Superintendent of Schools, which promote internal accountability and facilitate efficient and effective delivery of public educational facilities throughout Miami-Dade County. B. To establish an internal, interdisciplinary staff committee, to be called Technical Review (TR) Committee to provide staff coordination, accountability and oversight of the formulation and implementation of the District=s adopted educational facilities plan. C. To establish policies, procedures and assign responsibilities for the planning, site selection and acquisition and construction of educational facilities that will provide for public educational plant needs throughout Miami-Dade County in accordance with School Board policy and State law as set forth in Chapter 1013, Florida Statutes (F.S.). D. To ensure that all priority educational facility projects are included in the District=s adopted educational facilities plan as provided in Section 1013.35, F.S. and that any changes to the adopted educational facilities plan are supported by identified needs and priorities and approved by the School Board. E. To integrate the District=s planning, site selection and acquisition and construction functions so that educational facilities are available on a timely and cost-effective basis in accordance with the District=s adopted educational facilities plan. F. To establish policies and procedures for land acquisition in accordance with Chapter 1013, Florida Statutes. G. To establish effective procedures for obtaining appraisals pursuant to Section 253.025, Florida Statutes, and for reviewing said appraisals. EXHIBIT I Page 230 of 243 6Gx13-2C-1.083 H. To establish procedures and assign responsibilities to provide full information to the School Board on all recommended land purchases including the estimated cost of any work that must be performed on an unimproved site to make it usable for the desired purpose, appraisals of market value obtained in connection with the proposed acquisition, and any other material information. II. School Site Planning and Construction Committee A. Establishment --The School Board shall establish as a standing, external committee, an educational facilities committee, to be called the School Site Planning and Construction (SSPC) Committee, which shall include parents, business community representatives, construction, appraisal and real estate professionals and other community stakeholders, which shall serve in an advisory capacity and report directly to the School Board. B. Purpose --The purpose of the SSPC Committee shall be as follows: 1. To advise the School Board on the formulation, priorities and implementation of the District=s adopted five-year work program for educational plants and other related matters; 2. To make recommendations to the School Board on site acquisitions, including alternatives, if any; and, 3. To make independent recommendations to the School Board and to the Superintendent of Schools which promote internal accountability and facilitate more efficient and effective delivery by the District of public educational facilities throughout Miami-Dade County. C. Responsibilities --The responsibilities of the SSPC Committee shall be as follows: 1. Provide input, priorities and monitor the formulation, amendment and implementation of the District=s educational facilities plan and other long-range plans as prescribed by Section 1013.35, F.S.; 2. Provide input and monitor the District=s educational plant survey as prescribed by Section 1013.31, F.S.; 3. Provide input, monitor and make recommendations including priorities, to the School Board on the District=s annual capital outlay budget, as prescribed by Section 1013.61, F.S.; EXHIBIT I Page 231 of 243 6Gx13-2C-1.083 4. Provide input, monitor and make recommendations to the School Board on the District=s site facilities planning, site selection and acquisition, and construction programs and alternatives, to ensure they are cost-effective and timely; 5. Review and transmit reports to the School Board, which provide recommendation(s) on site acquisitions, and contain all relevant site analysis and supporting documentation for the School Board=s review and final action; 6. Review quarterly and forward to the School Board, status reports on site selection and acquisition activities; 7. Evaluate annually and provide to the School Board a year-end report on the progress of site acquisition activities and facility planning and construction programs, and where appropriate provide recommendations for improved accountability, efficiency and cost-effectiveness; 8. Provide such other advice or input as may become necessary to ensure compliance with applicable state statutes and the adopted educational facilities plan, and respond in writing to requests from the School Board or the Superintendent of Schools. 9. Review potential sites for new schools, as well as proposals for significant renovation, location of relocatables or additions to existing buildings, and potential closure of existing schools, and make recommendations on these and all other issues within its purview under this Rule for consideration by School Board staff. As part of its deliberations, the SSPC Committee shall ensure that the affected local governments, as defined under the Interlocal Agreement for Public School Facility Planning in Miami-Dade County, and any Supplemental Agreements hereto, are afforded an opportunity to provide comments and shall consider those comments in its deliberations. 10. Host a planning forum on an annual basis or more often as may be needed, to review the School Board=s acquisition schedule and all other relevant issues stipulated under that certain Interlocal Agreement that was entered into by the School Board, Miami-Dade County, and all non-exempt local governments, in accordance with Section 1013.33, Florida Statutes. The SSPC Committee shall invite a representative from each of the impacted units of government to participate in the proceedings and to provide input and comments for EXHIBIT I Page 232 of 243 6Gx13-2C-1.083 consideration by the SSPC Committee in its deliberations. The forum will review the School Board=s acquisition schedule and all other relevant issues required by statute, and will include appropriate staff members of the School Board, at least one staff member of the County, and a representative from each of the affected non-exempt local governments. Based on information gathered during the review, the SSPC Committee will submit recommendations to the Superintendent or designee. 11. Assign one member to the Historic Schools Working Group (Working Group) to provide a communications link between the Working Group and the Committee. The SSPC will review planning strategies and funding initiatives of the Working Group for coordination with other district planning and budget documents as provided, and will receive an annual planning and progress report from the Working Group for transmittal to the School Board. D. Membership --The SSPC Committee shall be composed of the following voting members: A A business community representative appointed by the Board of Trustees of the Greater Miami Chamber of Commerce; The president of the Dade County PTA/PTSA, or designee; The chair of the Diversity, Equity and Excellence Advisory Committee (DEEAC) or designee; The chair of the Attendance Boundary Committee, or designee; A real estate appraiser appointed by the Florida Real Estate Appraisal Board and practicing in Miami-Dade County; Two real estate experts, one of whom is appointed by the Realtor Association of Greater Miami and the Beaches, Commercial Section, and one appointed by the Realtor Association of Miami-Dade County. One appointee shall represent the commercial real estate market and one appointee shall represent the residential real estate market; A registered surveyor, architect or engineer appointed by the Chair of the School Board; A School Board Member appointed on an annual basis by the Chair of the School Board; EXHIBIT I Page 233 of 243 6Gx13-2C-1.083 A Miami-Dade County representative selected by the County Manager or designee; A representative selected by the Miami-Dade County League of Cities; A floating member designated by the City Manager of the most impacted municipality to which an SSPC agenda item relates, or if it concerns an unincorporated area of Miami-Dade County, this floating member shall be from the geographically nearest municipality most impacted by the agenda item; A member of the residential construction industry appointed by the Builders Association of South Florida. A member of the residential construction industry appointed by the Latin Builders Association. E. Operation --The SSPC Committee shall operate as follows: a. Term of appointments and special conditions: Effective April 7, 2004, the term for fifty percent (50%) of the appointees of the SSPC Committee shall be three (3) years, and fifty percent (50%) of the appointees of the SSPC Committee shall be two (2) years; the Chair shall delegate which appointees shall serve two (2) year terms and three (3) year terms. Effective April 7, 2006, and thereafter, the term for all appointments and reappointments shall be two (2) years. Prior to the expiration of each appointment, the respective appointing entity shall be requested to make an appointment or reappointment; b. Quorum and Committee Chair: A quorum shall consist of a majority of the membership. The SSPC Committee shall elect a Chair and Vice-Chair every year; c. Meetings: Meetings shall be held regularly on a monthly basis, unless there is no business to be conducted. Meetings shall be conducted as prescribed in Section 286.011, F.S., and shall be advertised at least five working days prior to the regularly scheduled meeting date. A notice of the meeting shall be posted at the Citizen Information Center. The meetings shall be recorded and summary minutes distributed with the subsequent meeting=s agenda packet; d. Staff Support: The Administrative Director, Facilities Planning, and the Executive Director, Facilities Planning, shall provide primary staff support to the SSPC Committee, including preparation of agenda packets and meeting minutes, analytical EXHIBIT I Page 234 of 243 6Gx13-2C-1.083 reports and supporting documentation. The Office of the School Board Attorney shall provide legal support to the SSPC Committee. The SSPC Committee may from time to time, as required, request support from other District personnel; e. Code of Ethics: The SSPC Committee is an advisory body to the School Board. As such, as provided by F.S. 112.313(1), the members of the SSPC Committee are subject to the provisions of the Code of Ethics for Public Officers and Employees, set forth in Chapter 112, Part III of the Florida Statutes. f. Lobbyists: Any and all lobbyists, as defined in School Board Rule 6Gx13-8C-1.21, present at an SSPC Committee meeting, who wish to speak on an item being considered by the SSPC Committee, shall first execute and file the required form with the School Board Clerk=s Office. A copy of the executed form shall be made part of the official record for the SSPC Committee meeting at which the lobbyists are present, and shall be attached to the minutes of the meeting. g. Lobbying: In the event that a SSPC Committee member is contacted directly by a lobbyist in connection with any matter that may foreseeably come before the Committee for action, the Committee member shall orally disclose such contact at the meeting in which the matter is up for consideration, and file a memorandum of voting conflict, if applicable, as may be required by in the State Code of Ethics for Public Officers and Employees. III. Technical Review Committee A. Establishment --The School Board shall establish the Technical Review (TR) Committee, which shall be comprised of District staff members and which shall serve in an advisory capacity and report directly to the Superintendent of Schools. B. Purpose --The purpose of the TR Committee shall be to provide staff coordination, accountability and oversight of the formulation and implementation of the District=s adopted educational facilities plan. C. Responsibilities --The responsibilities of the TR Committee shall be as follows: 1. To formulate and recommend to the Superintendent of Schools and to the SSPC Committee a tentative District facilities educational facilities plan, as provided in Section 1013.35, F.S.; EXHIBIT I Page 235 of 243 6Gx13-2C-1.083 2. To review and provide oversight of the annual capital outlay budget report, to include: expenditures, encumbrances and balances by fund, and a mid-year budget evaluation of project status of all funded and unfunded projects, against the approved budget and the undistributed capital contingency, for possible recommendation for Board action to amend the budget and educational facilities plan; 3. To review the District=s educational plant survey prepared and submitted by Facilities Planning and Construction, as prescribed in Section 1013.31, F.S., and transmit same to the SSPC Committee for review and a recommendation to the School Board; 4. To submit annually to the SSPC Committee a progress report on the District=s facilities planning and construction programs; 5. To expeditiously review and recommend to the Superintendent of Schools and the SSPC Committee on any construction change orders, which exceed the total appropriation for the particular project; 6. To expeditiously review and recommend to the Superintendent of Schools and to the School Board on construction change orders if funds are available in project contingency, except that change orders of less than $50,000 may be approved administratively by the Superintendent or his designee and subsequently confirmed by the TR Committee; 7. To review and recommend to the Superintendent of Schools the award or rejection of construction bids, which exceed the project budget by 5%; 8. To review and recommend to the Superintendent of Schools, based upon recommended awards of construction bids, amendments to the affected project budget. Project budgets should be reduced when construction awards are less than the amount budgeted or increased when the construction award is more than the amount budgeted. The source or destination of such budget amendments should be undistributed contingency in each affected fund; 9. To review administrative procedures and perform other functions as assigned by the Superintendent of Schools. EXHIBIT I Page 236 of 243 6Gx13-2C-1.083 D. Membership --The TR Committee shall be comprised of the following voting members, or their designees: Chief Business Officer -Chair; Administrative Director, Facilities Planning; Administrative Director, Facilities Operations and Legislative Support; Chief Financial Officer; Administrative Director -Maintenance; Associate Superintendent of School Operations; Associate Superintendent -Education. E. Operation --A quorum of the TR Committee shall consist of a majority. Meetings shall be held as called by the Chair. Minutes shall be kept of all meetings and upon approval by the TR Committee a copy shall be distributed to the Superintendent of Schools and to the School Board. IV. Site Selection A. Use of District=s Adopted Educational Facilities Plan --Only those sites for projects included within the District=s adopted educational facilities plan shall be investigated and evaluated for potential purchase by the School Board. B. Criteria --Criteria for evaluating and selecting sites for locating educational facilities shall include or address the following elements: 1. Size and shape of site; 2. Expansion capacity of site; 3. Whether the site is adequate to relieve overcrowding in existing schools; 4. Whether there are pending or approved charter school applications which would impact the proposed educational facility or the site search; 5. Whether the site is reserved in a recorded subdivision, or set aside for donation or purchase by the School Board as a result of Developmental Impact Committee (DIC) or Development of Regional Impact (DRI) approvals; EXHIBIT I Page 237 of 243 6Gx13-2C-1.083 6. Location of site in relation to both the intended service area, as well as major traffic arteries and accessibility to school buses and private vehicles for student drop-off and pickup; 7. Site location should seek to the extent practicable to promote diverse school enrollments, reflecting the broad mix of cultures, experiences and ideas to be found in the community, through the consideration of various factors, including but not limited to the socioeconomic circumstances, unique language needs and abilities, race and ethnicity of the students to be served; 8. Location of site and potential impact on the attendance boundaries of surrounding schools; 9. Occupancy of the site, specifically whether any residents will require relocation; 10. Location of site in relation to existing or planned public recreation sites, which might make possible the joint use of facilities; 11. Whether there are any existing or anticipated land uses in the area, which could adversely affect the site due to traffic generation, noise, odor, safety or other factors; 12. Whether there are any major street improvements or expressways planned in the vicinity, which could affect the site or the intended service area; 13. Whether there are adequate traffic control devices and sufficient road capacity for the intended use of the site; 14. Whether site access requires crossing a canal, railroad, major street or other physical barrier or hazard; 15. Whether there are any archeological or historical designations or any biological, zoning or environmental problems (e.g., incinerators, active or inactive dump sites, toxic soil, underground storage tanks) on the property that could adversely impact the timely use of the property for the intended purpose; 16. The extent of site development work that must be done on an unimproved site in order to make it usable for the intended purpose; 17. The condition of title to the site or any known title defects; EXHIBIT I Page 238 of 243 6Gx13-2C-1.083 18. The compatibility or incompatibility of present and projected uses of adjacent properties with the intended use. C. Site Selection Procedures --The Chief Business Officer or his/her designee shall ensure that thorough site selection procedures are followed, including the following seven-step due process, as described below. The Chief Business Officer shall have the option to secure the services of a third party or parties, under contract with the District, to identify sites and/or negotiate conditional agreements for purchase and sale of real property on behalf of the School Board, as may be deemed appropriate. 1. Identify through the appropriate school district regions, the general search boundaries for the proposed educational facility, any relevant educational, recreational, and community requirements that may be applicable, minimum required site size, and the educational facilities to be relieved; 2. Inventory available sites that meet the search parameters, including School Board-owned sites, properties designated for donation to the School Board, properties set aside by developers or property owners for purchase, as approved by the School Board, and properties owned by public entities which may be available under cooperative partnerships; 3. Conduct preliminary due diligence and with input from School Operations and Transportation staff, identify the sites most suitable for the intended purpose; 4. Submit to the SSPC Committee the record of all suitable sites for direction. Pursuant to this direction, authorize the Superintendent, his designee, or the third party, to execute conditional purchase and sale agreements based on a not to exceed purchase price, to be determined by the SSPC Committee based on a restricted use appraisal report generated by District authorized licensed appraiser. This shall be subject to additional due diligence, to include environmental assessments, site preparation and development costs, appraisals and any other reviews deemed necessary. As part of the conditional agreements, a fully refundable deposit not to exceed 10% of the purchase price, may be deposited in escrow with the School Board Attorney, as earnest money; 5. Present the results of negotiations for the selected sites to the SSPC Committee for final ranking if necessary, including any adjustments of the not to exceed price and a recommendation to the School Board for approval of the negotiated agreements. The SSPC Committee shall also consider the need for eminent domain where negotiations prove unsuccessful; EXHIBIT I Page 239 of 243 6Gx13-2C-1.083 6. Submit recommendation to the School Board for approval of a purchase and sale agreement, or upon a recommendation by the SSPC Committee to authorize eminent domain proceedings; 7. Upon review of the sites and recommended ranking, the School Board shall accept the sites as ranked or re-rank them and authorize acquisition. If none of the sites are acceptable, the School Board shall reject them. V. Site Acquisition A. Criteria for Acquisition of Sites for School Facilities 1. Overall suitability of a site for the intended purpose; 2. Total estimated costs to place a site in use for the intended purpose, including acquisition cost and cost of necessary site improvements; and 3. The reasonableness of the total cost to acquire and place a site into use, as compared to other sites or options. B. Criteria for Determining AReasonableness@of Costs of Site Acquisition and Improvements 1. The foundation, or starting point, for determining what is a reasonable price for the School Board to pay for the acquisition of land is an appraisal(s) of market value of sites as provided in Section 253.025, F.S.; 2. Adjustment downward or upward of the appraised market value of a site based upon the following: a. Total costs, other than the cost of acquisition, to place the site in use; b. Availability of alternative, suitable sites for the project; c. Both the general real estate market conditions and the specific real estate market conditions in the geographic area of the project; and d. Any other identified factors which may impact the reasonableness of site acquisition costs, including but not limited to the total estimated costs of the eminent domain process to acquire the site as provided by EXHIBIT I Page 240 of 243 6Gx13-2C-1.083 Sections 73.091 and 73.092, F.S., and for the District=s costs for attorneys= fees and other expenses of the eminent domain. C. Appraisal Procurement and Review Process --The Chief Business Officer or his/her designee shall ensure the following is provided: 1. Initiating, overseeing and documenting the procurement of professional appraisals of market value of the sites determined by the School Site Planning and Construction Committee to be suitable for projects in the District=s adopted educational facilities plan or long-range plan, as required by Section 1013.35, F.S.; 2. Where two appraisals are required under state law, request in writing a formal professional review appraisal from an appraiser selected in accordance with Section 253.025(6)(b), F.S. The reviewing appraiser=s certification of the recommended or approved value of the property shall be set forth in a signed statement which identifies the specific appraisal reports reviewed and explains the basis for such recommendation or approval. D. Negotiations and Authorization for the Voluntary Purchase and Sale of Sites --The Chief Business Officer or his/her designee shall ensure of the following: 1. Conducting negotiations within the authorization granted by the SSPC Committee for the voluntary purchase and sale of sites suitable for projects included within the District=s adopted educational facilities plan or long-range plan and maintaining a written record of all such negotiations; 2. Reporting to the SSPC Committee the results of such negotiations for further input as may be needed; 3. Preparing for presentation to the School Board an item with full information for the voluntary purchase and sale of a school site as contained in the site list as ranked by the SSPC Committee, suitable for the projects included within the District=s adopted educational facilities plan or long-range plan within the price parameters established by the SSPC Committee, based upon the criteria for Areasonableness@of cost of site acquisition and improvements established herein; 4. Ensuring that where the agreed to purchase price exceeds the appraised value where only one appraisal is required by state law, or the reviewed appraised value in all other instances, and EXHIBIT I Page 241 of 243 6Gx13-2C-1.083 the School Board finds that the agreed price is reasonable under the criteria established herein, said purchase is approved by an extraordinary vote. Extraordinary vote, for purposes of this section, means a majority vote plus one additional vote of the members of the School Board present at the meeting where such action is taken. E. Acquisition by Eminent Domain 1. In the event that negotiations for voluntary sale of a site for a reasonable price are unsuccessful, then the SSPC Committee shall formulate and forward to the School Board an item recommending the commencement of eminent domain proceedings as authorized by Section 1013.24, F.S. 2. The item recommending the commencement of eminent domain proceedings shall include the full record of the site selection and investigation process; 3. Upon School Board approval, eminent domain proceedings shall be initiated as provided for in Section 73.015, F.S. Specific Authority: 1001.41(1)(2); 1001.42(22); 1001.43(10) F.S. Law Implemented, Interpreted, or Made Specific: 73.015; 73.091; 73.092; 112.313(1); 112.3143; 253.025(6)(b); 286.011; 1013.24; 1013.31; 1013.33; 1013.35; 1013.36; 1013.61, F.S. History: THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA New: 12-12-01 Amended: 4-17-02; 6-19-02; 9-12-02; 5-14-03; 7-14-04 EXHIBIT I Page 242 of 243 Southwest Area Southeast Area Northeast Area Northwest Area SR 821 ET S DIXIE HY SR 27 HY FLORIDA TP SR 821 HY SR 826 EX N KROME AV W OKEECHOBEE RD I 75 EX NW 27TH AV SR 874 EX I 95 EX I 95 SR 836 EX NW 36TH ST RICKENBACKER CY JULI A TUTTLE CY MAC ARTHUR CY BISCAYNE BD W DIXIE HY COLLINS AV NW 2ND AV SR 821 EX CRANDON BD NW 119TH ST SR 9 EX SW 192ND AV 79TH STCY SR 821 27TH HY SW 27TH AV WILLIAM LEHMAN CY OLD CARD SOUND RD NE 163RD ST ALTON RD 112TH HY E OKEECHOBEE RD BRICKELL AV GRATIGNY PY NW 42ND AV SNAPPER CREEK EX OPA LOCKA EX PINE TREE DR 96TH ST W PALM DR I 195 DADE BD NE 79TH ST NE 1ST AV SW 376TH ST ARTHUR GODFREY RD 5TH ST VENETIAN WY I 395 EX AIRPORT EX S KROME AV SU NNY ISLE S BD 71ST ST GOLDEN GLADES INTERC EX SW 177TH AV NE 119TH ST I 95 HY STATE RDHY SE 8 TH ST SW 8TH ST W 41ST ST US 441 VENETIAN RIVO ALTO WY UNNAMED PALMETTO EX DORAL UNINCORPORATED MIAMIDADE FLORIDA CITY HOMESTEAD ISLANDIA CUTLER BAY PALMETTO BAYPINECREST KEY BISCAYNE UNINCORPORATED MIAMIDADE SOUTH MIAMI SOUTH MIAMI SOUTH MIAMI SOUTH MIAMI UNINCORPORATED MIAMIDADE SOUTH MIAMI WEST MIAMI MIAMI BEACH UNINCORPORATED MIAMIDADE CORAL GABLES SWEETWATER VIRGINIA GARDENS MIAMI SPRINGS UNINCORPORATED MIAMIDADE MEDLEY MIAMI EL PORTAL UNINCORPORATED MIAMI-DADE MIAMI BEACH UNINCORPORATED MIAMI-DADE MIAMI SHORES INDIAN CREEK VILLAGE BISCAYNE PARK SURFSIDE BAY HARBOR ISLANDS UNINCORPORATED MIAMIDADE UNINCORPORATED MIAMI-DADE MEDLEY BAL HARBOUR OPALOCKA UNINCORPORATED MIAMI-DADE NORTH MIAMI BEACH HIALEAH GARDENS HIALEAH MIAMI LAKES UNINCORPORATED MIAMIDADE NORTH MIAMI BEACH MIAMI GARDENS UNINCORPORATED MIAMIDADE AVENTURAGOLDEN BEACH Legend Geographic Areas Highways Geographic Areas EXHIBIT 2 Page 243 of 243