O-646-04 ORDINANCE NO. 646-04
AN ORDINANCE AMENDING TEXT OF"MIAMI SHORES VILLAGE
COMPREHENSIVE PLAN", "FUTURE LAND USE ELEMENT"AND
"INTERGOVERNMENTAL COORDINATION ELEMENT", TO INCLUDE
PROVISIONS REGARDING SITE OF SCHOOLS AS REQUIRED BY
STATE DEPARTMENT OF COMMUNITY AFFAIRS (DCA) ACCORDING
TO 1998 AMENDMENTS TO CHAPTER 163, FLORIDA STATUTES;
AND REPEALING ALL ORDINANCES INCONSISTENT HEREWITH.
WHEREAS, after notice duly published, a public hearing was held before the Local
Planning Agency (Planning &Zoning Board) on February 26, 2004 on a proposed text
amendment to the Miami Shores Village Comprehensive Plan to include provisions
regarding the siting of schools as required by the State Department of Community Affairs
(DCA) according to 1998 amendments to Chapter 163, Florida Statutes at which all
interested persons were afforded an opportunity to be heard, and it was recommended
that the amendment be approved; and
WHEREAS, pursuant to the provisions of Chapter 163.3187 of the Florida Statutes,
the Village Council held a public hearing on April 6, 2004 at which all interested persons
were afforded an opportunity to be heard, and the amendment was approved on second
reading; and
WHEREAS, pursuant to the provisions of Chapter 163.3187 (3) of the Florida
Statutes, a copy of the proposed amendment application was transmitted to the Florida
Department of Community Affairs for review and comments; and
WHEREAS, pursuant to the provisions of Chapter 163.3187 (7), the Village has
received written comments from the Florida Department of Community Affairs, indicating
that the Department does not identify any objections;
NOW, THEREFORE, BE IT ORDAINED by the Miami Shores Village Council that:
Section 1. That from and after the effective date of this ordinance, the Miami
Shores Village Comprehensive Plan, Future Land Use Element and Intergovernmental
Coordination Element is hereby amended to include provisions regarding the siting of
schools, more specifically set forth in Appendix A attached hereto and a part hereof.
Section 2. The Village Clerk is hereby directed to follow the process for
adopting local government comprehensive plan amendments outlined in 163.3184, Florida
Statutes, and Rule 91-11.011, F.A.C.
Section 3. All ordinances or parts of ordinances in conflict herewith or
inconsistent herewith are hereby repealed, but only insofar as such ordinances may be
inconsistent or in conflict with this Ordinance.
Section 4. This Ordinance shall become effective upon its adoption.
Approved on first reading this 6th day of July , 2004.
Approved and adopted on second reading this 20th day of July , 2004.
ATTEST:
za,�w a C Jim MCC y, May
Barbara A. Estep, CMC
Village Clerk
APPROVED AS TO FORM
LLI
Richard Sarafan, Village Atto ney
PROPOSED COMPREHENSIVE PLAN AMENDMENTS:
SCHOOL SITE AND FACILITIES PLANNING
VILLAGE OF MIAMI SHORES
I. Proposed Amendment to the Future Land Use Element: Recommend that the Future
Land Use Element be revised to read as follows: [Underlined words are proposed additions and words
that contain strike-through markings are proposed deletions.]
Objective 11. Criteria for School Siting and Collocation of Schools, Libraries,Parks, and Community
Centers: The Village shall allow for public schools on sites designated "Institutional" and "Mixed Use
Residential/Institutional" on the Future Land Use Map. In addition, the Village shall Eencourage the
collocation o f s chools, l ibraries, p arks and c ommunity centers. T his o bj ective s hall b e m easured b y t he
implementation of its supporting policies:
Policy 11.1: The Village shall support and facilitate coordination of planning with the Miami-Dade County
School District for the location and development of public education facilities in accordance with
appropriate District capital plans where proposed public school facilities are compatible with adjacent
existing land uses and the standards of this Comprehensive Plan.
Policy 11.2: The Village shall encourage the collocation of schools, libraries, parks, and community
centers. These facilities shall be presumed to be compatible and may be located on the same site or nearby
in the absence of a compelling reason that they should not be in a particular instance.
Policy 11.3: Proposed schools sites shall be consistent with the Village Comprehensive Plan Future Land
Use M ap, s hall b e compatible with adjacent 1 and uses and s hall b e 1 ocated away from h eavy industry,
railroads and similar land uses to avoid noise odor, dust and traffic hazards SimilarlL site planning for
schools shall inco orp rate appropriate landscgping and buffers in order to minimize adverse impacts on
adjacent neighborhoods.
Proposed Comprehensive Plan Amendment Re School Site and Facilities Planning Pagel of 2
Third Draft by Solin and Associates,Inc.,December 8,2003
PROPOSED COMPREHENSIVE PLAN AMENDMENTS:
SCHOOL SITE AND FACILITIES PLANNING
VILLAGE OF MIAMI SHORES
II. Proposed Amendment to the Intergovernmental Coordination Element: Recommend
that the Intergovernmental Coordination Element be revised to read as follows: [Underlined words are
proposed additions and words that contain strike-through markings are proposed deletions.]
Objective 1: Coordination with Dade County and other agencies. In general, coordinate the Village of
Miami Shores Comprehensive Plan with the plans of Dade County School Board, Dade County, and
adjacent municipalities. In particular, achieve maximum feasible levels of consistency between the plans
for Miami Sores, Biscayne Park, Dade County, the Dade County School Board, El Portal and the City of
Miami. This objective shall be measured by implementing its implementing policy. [97-5.015 (3) (b)(1)]
Policy 1.2: The Village shall maintain an active dialogue with the School Board staff relative to any plans
for schools which will serve local residents, including schools within the Village and nearby. Pursuant to
requirements of Section 1013.33, Florida Statutes, the Village shall undertake the following activities in
concert with the School Board to ensure appropriate coordination in school site and facilities planning as
needed to address school land and facilities needs within or near the Village:
a. Coordination of Land Use and Demographic In ormation for Consistent.The Village shall maintain
Village population and land use data and shall meet with the School Board and/or its staff to review
and exchange demographic and land use information in order to ensure consistency in data,
projections, and p lans g ermane t o:p opulation and s tudent enrollment projections,n eeds f or s chool
sites or expansion of existing sites, collocation and joint use opportunities, potential infrastructure
needs to enhance access and safety, and related fundingneeds.
b. Coordination of Comprehensive Plan, Rezoning Amendments, and Development Applications
Impacting Schools. T he Village s hall c oordinate p roposed a mendments t o t he C omprehensive P Ian
and/or the zoning map with the School Board and/or its staff when such amendments materially
impact student enrollment projections or school land and facilities planning. In addition, the Villa-e
shall notify the School Board of proposed land development proposals that may materially affect
student enrollment projections, or school site and facility needs. The Village shall promote collocation
of school and neighborhood facilities such as parks, libraries, community centers, and similar facilities
compatible with school activities and adjacent land uses.
c. Planning Board Representation. In accordance with the requirements of and to the extent required by
Section 163.3174 (1), Florida Statutes, the Village shall invite a staff representative appointed by the
School Board, as a non-voting member, to attend Planning Board meetings at which proposed
Comprehensive Plan amendments and rezonings that would, if approved, increase residential density.
d. Dispute Resolution. If the Village and the School Board are unable to resolve disagreements
surrounding land use and school facility planning, the Village and the School Board will employ
dioute 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.
Proposed Comprehensive Plan Amendment Re School Site and Facilities Planning Page 2 of 2
Third Draft by Solin and Associates,Inc.,December 8,2003