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Agenda - CITY OF NORTH MIAMI BEA

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					                                               CITY OF NORTH MIAMI BEACH
                                                       City Council Meeting
                                                   Council Chambers, 2nd Floor
                                                 City Hall, 17011 NE 19th Avenue
                                                  North Miami Beach, FL 33162
                                                  Tuesday, September 28, 2010
                                                              7:30 PM

      Mayor Myron Rosner                                                                Acting City Manager Roslyn Weisblum
      Vice Mayor Beth E. Spiegel                                                                City Attorney Darcee S. Siegel
      Councilman Phillippe Derose                                                            City Clerk Susan A. Owens, CMC
      Councilman John Patrick Julien
      Councilwoman Barbara Kramer
      Councilwoman Frantz Pierre
      Councilwoman Phyllis S. Smith

       NOTICE TO ALL LOBBYISTS: Any person who receives compensation, remuneration or expenses for conducting
       lobbying activities is required to register as a Lobbyist with the City Clerk prior to engaging in lobbying activities
       before City Boards, Committees, or the City Council.

                                                             AGENDA


1.     ROLL CALL OF THE CITY OFFICIALS

2.     INVOCATION - Reverend Marta Burke, Fulford United Methodist Church

3.     PLEDGE OF ALLEGIANCE

4.     REQUESTS FOR WITHDRAWALS, DEFERMENTS AND ADDITIONS TO AGENDA

5.     PRESENTATIONS /DISCUSSIONS

      5.1       Certificate of Appreciation - Robert Taylor and Jean Galumette

      5.2       Proclamations Recognizing Loren Howell and Angel Guerrero, City of North Miami Beach
                Lifeguards

6.     APPOINTMENTS

      6.1       Library Board

                Yvenoline Dargenson, Ex-Officio
                Frannix Jean-Mary, Ex-Officio

7.     CONSENT AGENDA

      7.1       Resolution No. R2010-66

                A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH MIAMI
                BEACH, FLORIDA, AUTHORIZING THE SUBMISSION OF THE FY10/11 STATE AID
                APPLICATION TO THE FLORIDA DEPARTMENT OF STATE, DIVISION OF LIBRARY AND
                INFORMATION SERVICES.

8.     CITY MANAGER'S REPORT

9.     CITY ATTORNEY'S REPORT

      9.1       Litigation List

10.    MAYOR'S DISCUSSION

11.    PUBLIC COMMENT
                                   To All Citizens Appearing Under Public Comment
      The Council has a rule which does not allow discussion on any matter which is brought up under Public
      Comment. We are, however, very happy to listen to you. The reason for this is that the Council must have Staff
      input and prior knowledge as to the facts and figures, so that they can intelligently discuss a matter. The Council
      may wish to ask questions regarding this matter, but will not be required to do so. At the next or subsequent
      Council meeting you may have one of the Councilpersons introduce your matter as his or her recommendation.
      We wish to thank you for taking the time to bring this matter to our attention. Under no circumstances will
      personal attacks, either from the public or from the dais, be tolerated.
                                             Speaking Before the City Council
      There is a three (3) minute time limit for each speaker during public comment and a three (3) minute time limit
      for each speaker during all public hearings. Your cooperation is appreciated in observing the three (3) minute
      time limit policy. If you have a matter you would like to discuss which requires more than three (3) minutes,
      please feel free to arrange a meeting with the appropriate administrative or elected official. In the Council
      Chambers, citizen participants are asked to come forward to the podium, give your name and address, and the
      name and address of the organization you are representing, if any. If you are speaking on a public hearing item,
      please speak only on the subject for discussion. Thank you very much, in advance, for your cooperation.
                                                      Pledge of Civility
      A resolution was adopted by the Mayor and City Council of the City of North Miami Beach recognizing the
      importance of civility, decency, and respectful behavior in promoting citizen participation in a democratic
      government. The City of North Miami Beach calls upon all residents, employees, and elected officials to
      exercise civility toward each other. (Resolution No. R2007-57, 11/06/07)

12.   MISCELLANEOUS ITEMS - None

13.   WAIVER OF FEE - None

14.   BUSINESS TAX RECEIPTS - None

15.   LEGISLATION

      Administration of Testimony Oath - None needed for this evening’s proceedings

      15.1     Ordinance 2010-10 (First Reading, By Title Only)

               AN ORDINANCE OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, ADOPTING THE
               EVALUATION AND APPRAISAL REPORT-BASED AMENDMENTS TO THE
               COMPREHENSIVE PLAN; AUTHORIZING TRANSMITTAL TO REVIEW AGENCIES;
               PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN
               CONFLICT HEREWITH; PROVIDING FOR THE CODIFICATION OF THIS ORDINANCE AND
               PROVIDING FOR AN EFFECTIVE DATE.

      15.2     Ordinance No. 2010-21 (Second and Final Reading)

               AN ORDINANCE AMENDING CHAPTER III OF THE CODE OF ORDINANCES OF THE CITY
               OF NORTH MIAMI BEACH, FLORIDA, ENTITLED PURCHASING AND IN PARTICULAR
               SECTIONS 3-3.11c. AND 3-3.11d. TO INCREASE FROM TEN YEARS TO TWENTY YEARS
               THE CONTRACT TERM AND PERIOD FOR PAYMENTS FOR GUARANTEED ENERGY
               SAVINGS CONTRACTS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS
               OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR THE CODIFICATION OF
               THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE.

16.   CITY COUNCIL COMMITTEE REPORTS

17.   NEXT REGULAR CITY COUNCIL MEETING - Tuesday, October 5, 2010 at 7:30 P.M.

18.   ADJOURNMENT
                                                                                      City of North Miami Beach
                                                                                            17011 NE 19 Avenue
                                                                                    North Miami Beach, FL 33162
                                                                                                   305-947-7581
                                                                                              www.citynmb.com


                                     MEMORANDUM


                                               Print



TO:                  Mayor and City Council

FROM:                Roslyn Weisblum, Acting City Manager

DATE:                Tuesday, September 28, 2010



RE:                  Proclamations Recognizing Loren Howell and Angel Guerrero, City of North
                     Miami Beach Lifeguards



BACKGROUND:          On Wednesday, July 21, 2010 a patron of Victory Pool Family Aquatic
                     Center reported that her infant was not breathing. Two lifeguards immediately
                     took action and attended to the infant while the office staff dialed "911." The
                     two lifeguards were able to revive the infant prior to fire rescue arriving; the
                     infant was then transported to the hospital via ambulance.

RECOMMENDATION:      None

FISCAL IMPACT:       None

CONTACT PERSON(S):   Paulette Murphy, Director of Leisure Services




ATTACHMENTS:
None
                                                                                                       City of North Miami Beach
                                                                                                             17011 NE 19 Avenue
                                                                                                     North Miami Beach, FL 33162
                                                                                                                    305-947-7581
                                                                                                               www.citynmb.com


                                                            MEMORANDUM


                                                                     Print



TO:                                         Mayor and City Council

FROM:                                       Susan A. Owens, MMC, City Clerk

DATE:                                       Tuesday, September 28, 2010



RE:                                         Library Board



BACKGROUND:                                 Councilman Frantz Pierre has nominated Yvenoline Dargenson and Frannix
                                            Jean-Mary as Ex-Officios for the Library Board.

RECOMMENDATION:                             Approval

FISCAL IMPACT:                              None

CONTACT PERSON(S):                          Susan A. Owens, MMC, City Clerk




ATTACHMENTS:
      Application for Yvenoline Dargenson
      Application for Frannix Jean-Mary
                                                                                                               City of North Miami Beach
                                                                                                                     17011 NE 19 Avenue
                                                                                                             North Miami Beach, FL 33162
                                                                                                                            305-947-7581
                                                                                                                       www.citynmb.com


                                                              MEMORANDUM


                                                                        Print



TO:                                           Mayor and City Council

FROM:                                         Roslyn Weisblum, Acting City Manager

DATE:                                         Tuesday, September 28, 2010



RE:                                           Resolution No. R2010-66



BACKGROUND:                                   This is an annual grant and is non-competitive.

RECOMMENDATION:                               Approval

FISCAL IMPACT:                                This grant provided $24,090 for fiscal year 2009/10. It provided $32,348 for
                                              the previous fiscal year. The amount we receive each year is dependant upon
                                              the amount the City budgets for the library. The decline in our grant reflects
                                              the recent decline in our budget. The annual amount is based on the amount
                                              budgeted two years previously.

CONTACT PERSON(S):                            Paulette Murphy, Director, Leisure Services
                                              Susan Sandness, Manager, Library




ATTACHMENTS:
      Resolultion No. R2010-66
      Exhibit 1 - State Aid Grants Approval
      Exhibit 2 - State Aid Agreement
      Joint Planning Verification
      Library Brochure - Library Hours
      Required Documents List
                                  RESOLUTION NO. R2010-66



               A RESOLUTION OF THE MAYOR AND CITY COUNCIL
               OF THE CITY OF NORTH MIAMI BEACH, FLORIDA,
               AUTHORIZING THE SUBMISSION OF THE FY10/11
               STATE AID APPLICATION TO THE FLORIDA
               DEPARTMENT OF STATE, DIVISION OF LIBRARY AND
               INFORMATION SERVICES.


       WHEREAS, the Florida Department of State, Division of Library and Information

Services provides operating grants to public libraries under the provisions of Chapter 257,

Florida Statutes; and

       WHEREAS, the North Miami Beach Public Library uses State aid revenues to purchase

library materials to enhance its collection and services; and

       WHEREAS, this grant is based solely on local expenditures.

       NOW, THEREFORE,

       BE IT RESOLVED by the City of North Miami Beach, Florida

       Section 1.       The City Council hereby authorizes the City Manager to submit the grant

application attached hereto and incorporated herein as Exhibit 1 and to execute the grant

agreement attached hereto and incorporated herein as Exhibit 2.

       Section 2.       All funds received as a result of the grant agreement referenced herein

will be centrally expended as a part of the library’s budget.

       Section 3.       This resolution shall become effective upon its passage and adoption.


       APPROVED AND ADOPTED by the City Council of the City of North Miami Beach,




                                    RESOLUTION R2010-66
Florida, at the regular meeting assembled this ___ day of _______________, 2010.


ATTEST:


___________________________                   _______________________________
SUSAN A. OWENS                                MYRON ROSNER
CITY CLERK                                    MAYOR
(CITY SEAL)

                                              APPROVED AS TO FORM:


                                              ______________________________
                                              DARCEE S. SIEGEL
                                              CITY ATTORNEY




SPONSORED BY: Mayor and City Council




                                  RESOLUTION R2010-66
                            FLORIDA DEPARTMENT OF STATE
                    DIVISION OF LIBRARY AND INFORMATION SERVICES

             FY2010-2011 STATE AID TO LIBRARIES GRANT APPLICATION
                                 Form DLIS/SA01
                       Submit by October 1, 2010 (postmark)


     Check One:         ____ Single County Library
                        __X__ Municipal Library
                        ____ County Participating in a Multicounty Library


     The __City of North Miami Beach , Florida__
                             (Name of library governing body)


     governing body for the ___ North Miami Beach Public Library______________
                              (Name of county or municipal library)


     Complete either Section 1A or 1B as applicable.


1A      Certification of Local Operating Expenditures

        We hereby certify that the following total funds from local sources were expended
        centrally during the fiscal year beginning October 1, 2008 and ending
        September 30, 2009 for the operation and maintenance of a library under the
        provisions outlined in Chapter 257.14 - 257.25, Florida Statutes, and guidelines for
        the State Aid to Libraries Grant Program.

        We further certify that the amount listed below does not include funds received from
        the federal government; funds received from state government; or funds used for
        purchase or construction of a library building or library quarters. Such funds are not
        eligible to be used as local match for State Aid applications under Chapter 257,
        Florida Statutes, and guidelines for the State Aid to Libraries Grant Program.



        Total local funds expended centrally by the library for the operation and
        maintenance of a library between October 1, 2008 and September 30, 2009.

        $ _______719,954.00______________




State Aid to Libraries Grant Application, Form #DLIS/SA01                         page 1 of 3
Chapter 1B-2.011(2)(a), Florida Administrative Code, Effective 4-1-2010
Library Name: _______City of North Miami Beach Public Library



1B      Certification of Local Operating Appropriations for New Libraries

        (Complete this section only if the applicant is a newly established
        public library in the first two years of operation.)

        We hereby certify that the following total funds from local sources are appropriated
        to be expended centrally during the fiscal year beginning October 1, 2010 and
        ending September 30, 2011 for the operation and maintenance of a library under
        the provisions outlined in Chapter 257.14 - 257.25, Florida Statutes, and guidelines
        for the State Aid to Libraries Grant Program.

        We further certify that the amount listed below does not include funds received from
        the federal government; funds received from state government; or funds used for
        purchase or construction of a library building or library quarters. Such funds are not
        eligible to be used as local match for State Aid applications under Chapter 257,
        Florida Statutes, and guidelines for the State Aid to Libraries Grant Program.

        Total local funds appropriated to be expended centrally by the library for the
        operation and maintenance of a library between October 1, 2010 and
        September 30, 2011.

        $ ______N/A_______________




     SIGNATURES:


     Susan Gooding-Liburd________________               ______Susan Sandness____
     Library Finance Manager                            Single Library Administrative Head


     _________________________________                  _________________________________
     Typed Name                                         Typed Name


     _______________________                            __________________
     Date                                               Date




State Aid to Libraries Grant Application, Form #DLIS/SA01                                page 2 of 3
Chapter 1B-2.011(2)(a), Florida Administrative Code, Effective 4-1-2010
                                    FLORIDA DEPARTMENT OF STATE
                            DIVISION OF LIBRARY AND INFORMATION SERVICES

                                  EXPENDITURE OR APPROPRIATION REPORT
                                               Form DLIS/SA01

    Library Name: __North Miami Public Library

    Check Applicable
    __X_ Expenditure Report - October 1, 2008 - September 30, 2009

    ____ Appropriation Report - October 1, 2010 - September 30, 2011
    (Provide appropriation only if the applicant is a newly established public library in the
    first two years of operation.)


    EXPENDITURE/                FUNDING OR REVENUE SOURCES:                                               TOTAL
    APPROPRIATION
    CATEGORY
                                LOCAL                STATE              FEDERAL             OTHER

    10 Personnel                575,868.00
    Services


    30 Operating                127,941.00
    Expenses


    60 Capital Outlay           15,397.00
    (Non-Fixed)


    Other                       748.00


    Total for the
    operation &
    maintenance of the 719,954
    library


    60 Capital Outlay           N/A
    (Fixed, including
    purchase or
    construction of a
    library building or
    quarters)



State Aid to Libraries Grant Application, Form #DLIS/SA01                                       page 3 of 3
Chapter 1B-2.011(2)(a), Florida Administrative Code, Effective 4-1-2010
      Florida Department of State, Division of Library and Information Services
                 STATE AID TO LIBRARIES GRANT AGREEMENT

The Applicant (Grantee) ___________________________________________________
                          (Name of library governing body)

Governing body for _______________________________________________________
                               (Name of library)

hereby makes application and certifies eligibility for receipt of grants authorized under
Chapter 257, Florida Statutes, and guidelines for the State Aid to Libraries Grant Program.

I. The Grantee agrees to:
    a. Expend all grant funds awarded and perform all acts in connection with this
       agreement in full compliance with the terms and conditions of Chapter 257, Florida
       Statutes, and guidelines for the State Aid to Libraries Grant Program. Funds will
       not be used for lobbying the Legislature, the judicial branch, or any state agency.
    b. Provide the Division of Library and Information Services (DIVISION) with statistical,
       narrative, financial, and other reports as requested.
    c. Not discriminate against any employee employed in the performance of this
       agreement, or against any applicant for employment because of race, color,
       religion, gender, national origin, age, handicap, or marital status. The Grantee
       shall insert a similar provision in all subcontracts for services by this agreement.
    d. Retain all records for a period of 5 years from the date of submission of the final
       project report. If any litigation, claim, negotiation, audit, or other action involving
       the records has been started before the expiration of the 5 year period, the records
       shall be retained until completion of the action and resolution of all issues which
       arise from it, or until the end of the regular 5 year period, whichever is later.
    e. In the event that the Grantee expends a total amount of state financial assistance
       equal to or in excess of $500,000 in any fiscal year of such grantee, the Grantee
       must have a State single or project-specific audit for such fiscal year in accordance
       with Section 215.97, Florida Statutes; applicable rules of the Department of
       Financial Services; and Chapters 10.550 (local governmental entities) or 10.650
       (nonprofit and for-profit organizations), Rules of the Auditor General. In
       determining the state financial assistance expended in its fiscal year, the Grantee
       shall consider all sources of state financial assistance, including state financial
       assistance received from the Department of State, other state agencies, and other
       nonstate entities. State financial assistance does not include federal direct or
       pass-through awards and resources received by a nonstate entity for federal
       program matching requirements.




State Aid to Libraries Grant Agreement                                                 Page 1 of 5
Chapter 1B-2.011(2)(a), Florida Administrative Code, Effective 4-1-2010
        In connection with the audit requirements addressed in part e., paragraph 1, the
        Grantee shall ensure that the audit complies with the requirements of Section
        215.97(8), Florida Statutes. This includes submission of a financial reporting
        package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters
        10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
        organizations), Rules of the Auditor General.
        If the Grantee expends less than $500,000 in state financial assistance in its
        fiscal year, an audit conducted in accordance with the provisions of Section
        215.97, Florida Statutes, is not required. In the event that the grantee expends
        less than $500,000 in state financial assistance in its fiscal year and elects to have
        an audit conducted in accordance with the provisions of Section 215.97, Florida
        Statutes, the cost of the audit must be paid from the nonstate entity’s resources
        (i.e., the cost of such an audit must be paid from the grantee’s resources
        obtained from other than State entities).
        Information related to the requirements of Section 215.97, Florida Statutes, (the
        Florida Single Audit Act) and related documents may be found at
        https://apps.fldfs.com/fsaa/.
        Copies of financial reporting packages required by this agreement shall be
        submitted by or on behalf of the Grantee directly to each of the following:

            A. The Department of State at the following addresses:
                        Office of Inspector General
                        Florida Department of State
                        Clifton Building, Suite 320
                        2661 Executive Center Circle
                        Tallahassee, FL 32399-0250

            B. The Auditor General’s Office at the following address:
                        Auditor General’s Office
                        Room 401, Pepper Building
                        111 West Madison Street
                        Tallahassee, Florida 32399-1450
    f. The Grantee hereby certifies that it is cognizant of the prohibition of conflicts of
       interest described in Sections 112.311 through 112.326, Florida Statutes, and
       affirms that it will not enter into or maintain a business or other relationship with
       any employee of the Department of State that would violate those provisions. The
       Grantee further agrees to seek authorization from the General Counsel for the
       Department of State prior to entering into any business or other relationship with a
       Department of State employee to avoid a potential violation of those statute
    g. Identify an individual or position with the authority to make minor modifications to
       the application, if necessary, prior to execution of the agreement.




State Aid to Libraries Grant Agreement                                                 Page 2 of 5
Chapter 1B-2.011(2)(a), Florida Administrative Code, Effective 4-1-2010
II. The DIVISION agrees to:
    a. Provide a grant in accordance with the terms of this agreement in consideration of
       the Grantee's performance hereinunder, and contingent upon an annual
       appropriation by the Legislature. In the event that the state funds on which this
       agreement is dependent are withdrawn, this agreement is terminated and the
       DIVISION has no further liability to the Grantee beyond that already incurred by
       the termination date. In the event of a state revenue shortfall, grants shall be
       reduced in accordance with Section 257.195, Florida Statutes.
    b. Notify the grantee of the grant award after review and approval of required
       documents. The grant amount shall be calculated in accordance with Chapter
       257, Florida Statutes and guidelines for the State Aid to Libraries Grant Program.
    c. Distribute grant funds in two payments. The first payment will be requested by the
       DIVISION from the Chief Financial Officer upon execution of the agreement. The
       remaining payment will be made by June 30.

III. The Grantee and the DIVISION mutually agree that:
    a. This instrument embodies the whole agreement of the parties. There are no
       provisions, terms, conditions, or obligations other than those contained herein; and
       this agreement shall supersede all previous communications, representation, or
       agreements either verbal or written, between the parties. No amendment shall be
       effective unless reduced in writing and signed by the parties.
    b. The agreement is executed and entered into in the State of Florida, and shall be
       construed, performed, and enforced in all respects in accordance with the laws
       and rules of the State of Florida. Each party shall perform its obligations
       hereunder in accordance with the terms and conditions of this agreement.
    c. If any term or provision of the agreement is found to be illegal and unenforceable,
       the remainder of the agreement shall remain in full force and effect and such term
       or provision shall be deemed stricken. If any matter arising out of this Contract
       becomes the subject of litigation, venue shall be in Leon County.
    d. No delay or omission to exercise any right, power, or remedy accruing to either
       party upon breach or default by either party under this Agreement shall impair any
       such right, power, or remedy of either party; nor shall such delay or omission be
       construed as a waiver of any such breach or default, or any similar breach or
       default.
    e. The DIVISION shall unilaterally cancel this agreement if the Grantee refuses to
       allow public access to all documents or other materials subject to the provisions of
       Chapter 119, Florida Statutes.
    f. Unless authorized by law and agreed to in writing by the DIVISION, the DIVISION
       shall not be liable to pay attorney fees, interest, or cost of collection.




State Aid to Libraries Grant Agreement                                              Page 3 of 5
Chapter 1B-2.011(2)(a), Florida Administrative Code, Effective 4-1-2010
    g. The DIVISION shall not assume any liability for the acts, omissions to act or
       negligence of the Grantee, its agents, servants, or employees; nor shall the
       Grantee exclude liability for its own acts, omissions to act, or negligence to the
       DIVISION. In addition, the Grantee hereby agrees to be responsible for any injury
       or property damage resulting from any activities conducted by the Grantee.
    h. The Grantee, other than a Grantee which is the State or agency or subdivision of
       the State, agrees to indemnify and hold the DIVISION harmless from and against
       any and all claims or demands for damages of any nature, including but not limited
       to personal injury, death, or damage to property, arising out of any activities
       performed under this agreement and shall investigate all claims at its own
       expense.
    i.   Neither the State nor any agency or subdivision of the State waives any defense of
         sovereign immunity, or increases the limits of its liability, upon entering into a
         contractual relationship.
    j.   The Grantee, its officers, agents, and employees, in performance of this
         agreement, shall act in the capacity of an independent contractor and not as an
         officer, employee, or agent of the DIVISION. Under this agreement, Grantee is not
         entitled to accrue any benefits of state employment, including retirement benefits
         and any other rights or privileges connected with employment in the State Career
         Service. Grantee agrees to take such steps as may be necessary to ensure that
         each subcontractor of the Grantee will be deemed to be an independent contractor
         and will not be considered or permitted to be an agent, servant, joint venturer, or
         partner of the DIVISION.
    k. The Grantee shall not assign, sublicense, nor otherwise transfer its rights, duties,
       or obligations under this agreement without the prior written consent of the
       DIVISION, whose consent shall not unreasonably be withheld. The agreement
       transferee must demonstrate compliance with the requirements of the program. If
       the DIVISION approves a transfer of the Grantee’s obligations, the Grantee
       remains responsible for all work performed and all expenses incurred in
       connection with the Agreement. In the event the Legislature transfers the rights,
       duties, or obligations of the Department to another governmental entity pursuant to
       Section 20.60, Florida Statutes, or otherwise, the rights, duties, and obligations
       under this agreement shall also be transferred to the successor government entity
       as if it were an original party to the agreement.
    l.   This agreement shall bind the successors, assigns, and legal representatives of
         the Grantee and of any legal entity that succeeds to the obligation of the
         DIVISION.
    m. This agreement shall be terminated by the DIVISION because of failure of the
       Grantee to fulfill its obligations under the agreement in a timely and satisfactory
       manner unless the Grantee demonstrates good cause as to why it cannot fulfill its
       obligations. Satisfaction of obligations by Grantee shall be determined by the
       DIVISION, based on the terms and conditions imposed on the Grantee in
       paragraphs I and III of this agreement and guidelines for the State Aid to Libraries



State Aid to Libraries Grant Agreement                                               Page 4 of 5
Chapter 1B-2.011(2)(a), Florida Administrative Code, Effective 4-1-2010
        Grant Program. The DIVISION shall provide Grantee a written notice of default
        letter. Grantee shall have 15 calendar days to cure the default. If the default is not
        cured by Grantee within the stated period, the DIVISION shall terminate this
        agreement, unless the Grantee demonstrates good cause as to why it cannot cure
        the default within the prescribed time period. For purposes of this agreement,
        "good cause" is defined as circumstances beyond the Grantee's control. Notice
        shall be sufficient if it is delivered to the party personally or mailed to its specified
        address. In the event of termination of this agreement, the Grantee will be
        compensated for any work satisfactorily completed prior to notification of
        termination.
    n. Unless there is a change of address, any notice required by this agreement shall
       be delivered to the Division of Library and Information Services, 500 South
       Bronough Street, Tallahassee, Florida 32399-0250, for the State and, for the
       Grantee, to its single library administrative unit. In the event of a change of
       address, it is the obligation of the moving party to notify the other party in writing of
       the change of address.

IV. The term of this agreement will commence on the date of execution of the grant
    agreement.



    THE APPLICANT/GRANTEE                                   THE DIVISION


    ___________________________________                     ___________________________________
    Chair of Governing Body or                              Florida Department of State
    Chief Executive Officer                                 Division of Library and Information Services


    ___________________________________                     ___________________________________
    Typed Name                                              Typed Name

    ___________________________________
    Date                                                     ___________________________________
                                                            Date


    ___________________________________                     ___________________________________
    Clerk or Chief Financial Officer                        Division Witness


    ___________________________________                     ___________________________________
    Typed Name and Title of Official                        Date


    ___________________________________
    Date




State Aid to Libraries Grant Agreement                                                           Page 5 of 5
Chapter 1B-2.011(2)(a), Florida Administrative Code, Effective 4-1-2010
           Miami-Dade County and Municipal Libraries Reciprocal Borrowing
                              Joint Planning Meeting

Parties Involved:

   •   Miami-Dade Public Library System
   •   North Miami Beach Public Library
   •   North Miami Public Library
   •   Hialeah Public Libraries


Reciprocal Borrowing Agreement re-ratified on:   August 23, 2010; 11:30 a.m.

Ratified at: the Joint Planning Meeting

Ratified by:

       Phyllis Alpert, Miami-Dade Public Library System
       Susan Sandness, North Miami Beach Public Library
       Kim Millerick, North Miami Public Library
       Diane Diaz, Hialeah Public Libraries


Action:

Regarding the re-approval of the reciprocal borrowing agreement signed in September
2003: All libraries agreed to extend the agreement with no changes for another year.


Submitted by:

Diane Diaz
Library Director
Hialeah Public Libraries

August 23, 2010
                              FLORIDA DEPARTMENT OF STATE
                      DIVISION OF LIBRARY AND INFORMATION SERVICES

                                    STATE AID TO LIBRARIES
                                REQUIRED DOCUMENTS CHECKLIST
                                        Form DLIS/SA05

                                Submit by October 1, 2010 (postmark)

    Library Name: City of North Miami Beach Public Library

    Submit only those documents that have changed in the past year or that have not been filed
    before. If a document is already on file with the Division and is still current, do not submit a
    second copy.

                              Document                                               On File
                                                                          Document     with        Not
                                                                          Attached   Division   Applicable

   1.     Application Form – Form DLIS/SA01 or DLIS/SA02.                   X

   2.     Designation of the Single Library Administrative Unit.                       X

   3.     Designation of a Governing Body.                                             X

   4.     Interlocal Agreements or Contracts.                                                          X

   5.     Verification of Governing Body Authority.                                    X

   6.     Position Description of the Single Administrative Head.                      X

   7.     Certification of Credentials - Single Administrative                         X
          Head - Form DLIS/SA03.

   8.     Schedule of Library Hours.                                        X

   9.     Long-Range Plan.                                                             X

   10.    Interlocal Agreements.                                                                       X

   11.    Verification of Reciprocal Borrowing.                             X

   12.    Verification of Joint Planning.                                   X

   13.    Financial Audit.                                                             X

   14.    Two Grant Agreements.                                             X




Required Documents Checklist, DLIS/SA05                                                         Page 1 of 1
Chapter 1B-2.011(2)(a), Florida Administrative Code, Effective 4-1-2010
                                                            City of North Miami Beach
                                                                  17011 NE 19 Avenue
                                                          North Miami Beach, FL 33162
                                                                         305-947-7581
                                                                    www.citynmb.com


                                          MEMORANDUM


                                                 Print



TO:                     Mayor and City Council

FROM:                   Darcee S. Siegel, City Attorney

DATE:                   Tuesday, September 28, 2010



RE:                     Litigation List



BACKGROUND:             As of September 28, 2010.

RECOMMENDATION:

FISCAL IMPACT:

CONTACT PERSON(S):




ATTACHMENTS:
      Litigation List
TO:           Mayor and City Council

FROM:         Darcee S. Siegel, City Attorney

DATE:     September 28, 2010
__________________________________________________________________


                                       LITIGATION LIST
I.     Wrongful Deaths: (1)

       Kelly, Estate of v. CNMB
              Wrongful Death

II.    Civil Rights: (4)

       Mack v. CNMB
             Civil Rights Violation/False Arrest

       Smith, Louis v. John Richard Renaud, NMBPD, & CNMB
              Civil Rights Violation/False Arrest

       Joseph, Johnny v. CNMB and City of Aventura
              Civil Rights Violation/False Arrest

       Ruggerio v. CNMB
             Civil Rights Violation/False Arrest

III.   Personal Injury: (7)

       Adams, Loretta v. CNMB
             Slip & Fall/Personal Injury

       Garcia, Benjamin v. CNMB
              Personal Injury

*      Garcia, Ramona v. CNMB
              Personal Injury

       Jones, Zettie & Earnest v. CNMB, et al
              Slip & Fall/Personal Injury

       Korakakos, Christian v. CNMB
             Automobile Accident/Personal Injury

       Rathjens, Margaret v. CNMB
              Slip & Fall/Personal Injury
      Robinson, Waverly v. CNMB
            Slip & Fall/Personal Injury


IV.   Land Use Litigation: (1)

      Donahue, John, et al. v. CNMB, Sol Odenz and Miami-Dade County
            Petition Protest (Height and Density)


V.    Other Litigation: (17)

      American Pinnacle v. Susan Owens
            Writ of Mandamus/Public Records

      CACV of Colorado v. Lubin and CNMB
           Writ of Garnishment

      Citifinancial Services, Inc. v. Gordo and CNMB
              Writ of Garnishment

      Eastern Financial Florida Credit Union v. Flores and CNMB
             Writ of Garnishment

      Grouper Partners, Inc. v. Miami-Dade County and CNMB
            Water/Sewer Fees
      Leme v. CNMB and American Traffic Solutions, LLC
            Ordinance No. 2007-13 "Dangerous Intersection Safety Act"
            Class Action for Civil Damages

      Nationwide Insurance Company a/s/o Gloria Arboleda and CNMB
            Property Damage

      Precast Depot, Inc. v. BMA Construction d/b/a TRAN Construction,
      CNMB, et al.
             Unjust Enrichment/Breach of Contract

      Precast Depot, Inc. v. TRAN Construction d/b/a BMA Construction,
      CNMB, et al.                                                   VOLUNTARY DISMISSAL
             Unjust Enrichment/Breach of Contract

      Seay Towing v. CNMB
            State Case-Emergency Motion for Temporary Injunction


                                                                                       2
      Seay Towing v CNMB
            Federal Case-1983 Civil Rights Violation and Injunctive Relief

      Shannon, Brian Palmer v. Lauren Walsh, CNMB and Cora Mann
            Negligence/Negligent Hiring and Supervision

      Tropical Chevrolet v. CNMB, et al.
             High Speed Chase/Property Damage

      Troutman v. North Miami Beach Police Department
            Replevin


VI.   Forfeitures: (21)

      CNMB v. Almendral/Rodriguez/Garcia
          Forfeiture

      CNMB v. Arciniegas-Garcia/Finney/Shelton
          Forfeiture

      CNMB v. Garbino
          Forfeiture

      CNMB v. Gardiner/Bullard
          Forfeiture

      CNMB v. Goodman
          Forfeiture

      CNMB v. Guerby
          Forfeiture

      CNMB v. Hurtado
          Forfeiture

      CNMB v. Jean/Salomon
          Forfeiture

      CNMB v. Johnson/Ford/Johnson
          Forfeiture

      CNMB v. Kipnis/Nunez/Rosendo
          Forfeiture


                                                                             3
       CNMB v. Milord
           Forfeiture


   *   CNMB v. Mitchell
           Forfeiture

       CNMB v. Morales
           Forfeiture                     DEFAULT ENTERED/CLOSED

       CNMB v. Morales-Perez/Villanueva/Johnson/Blue/Quiroz/Sanchez
           Forfeiture

       CNMB v. Moreno/Moreno
           Forfeiture

       CNMB v. Perez/Chil
           Forfeiture

       CNMB v. Romero/Rivera/Perdomo
           Forfeiture

       CNMB v. Sirdar-Kanhai-Aguirre-Villanueva/Valdez
           Forfeiture

   *   CNMB v. Saint-Hilaire-Saint-Hilaire-Duhart-National Auto Lenders
           Forfeiture

       CNMB v. Valdes
           Forfeiture

       CNMB v. Willis
           Forfeiture



VII.   Mortgage Foreclosures: (165)

       Aegis Mortgage Corp v. CNMB (Galina Pikh, et al.)
             Mortgage Foreclosure

       Aurora Loan Services, LLC v. CNMB (Garcia, et al.)
              Mortgage Foreclosure



                                                                          4
    Aurora Loan Services, LLC v. CNMB (George)
           Mortgage Foreclosure

    Aurora Loan Services, LLC v. CNMB (Gomez, et al)
           Mortgage Foreclosure

    Aurora Loan Services, LLC v. CNMB (Hernandez)
           Mortgage Foreclosure

    Aurora Loan Services, LLC v. CNMB (Martinez, et al)
           Mortgage Foreclosure

    Aurora Loan Services, LLC v. CNMB (Perez, et al.)
           Mortgage Foreclosure

    Aurora Loan Services, LLC v. CNMB (Rodriguez, et al)
           Mortgage Foreclosure

    BAC Home Loans v. CNMB (Alberto, et al.)
         Mortgage Foreclosure

*   BAC Home Loans v. CNMB (Bonet, et al.)
         Mortgage Foreclosure

    BAC Home Loans v. CNMB (Berger, et al)
         Mortgage Foreclosure

    BAC Home Loans v. CNMB (Hernandez, et al)
         Mortgage Foreclosure

    BAC Home Loans v. CNMB (Jacobi et al)
         Mortgage Foreclosure

    BAC Home Loans v. CNMB (Morales, et al)
         Mortgage Foreclosure

    BAC Home Loans v. CNMB (Nakash, et al)
         Mortgage Foreclosure

    BAC Home Loans v.CNMB (Prado, et al)
         Mortgage Foreclosure

    BAC Home Loans v. CNMB (Sigler)
         Mortgage Foreclosure


                                                           5
    BAC Home Loans v. CNMB (Temirao, et al)
         Mortgage Foreclosure

    BAC Home Loans v. CNMB (Torain, et al)
         Mortgage Foreclosure

    BAC Home Loans v. CNMB (Torres, et al)
         Mortgage Foreclosure

    BAC Home Loans v. CNMB (Zephir, et al.)
         Mortgage Foreclosure

    Bank of America v. CNMB (Alvarez, et al)
          Mortgage Foreclosure

    Bank of America v. CNMB (Coffey, et al)
          Mortgage Foreclosure

    Bank of America v. CNMB (Dempster, et al)
          Mortgage Foreclosure

    Bank of America v. CNMB (Escalante, et al)
          Mortgage Foreclosure

    Bank of America v. CNMB (Failer, et al)
          Mortgage Foreclosure

    Bank of America v. CNMB (Failer, et al)
          Mortgage Foreclosure

    Bank of America v. CNMB (Fortun, et al.)
          Mortgage Foreclosure

    Bank of America v. CNMB (Gonzalez, et al.)
          Mortgage Foreclosure

*   Bank of America v. CNMB (Hernandez, et al.)
          Mortgage Foreclosure

    Bank of America v. CNMB (Miller, et al.)
          Mortgage Foreclosure

    Bank of America v. CNMB (Otero, et al.)
          Mortgage Foreclosure


                                                  6
    Bank of America v. CNMB (Pasmanter, et al)
          Mortgage Foreclosure

    Bank of America v. CNMB (Peck, et al)
          Mortgage Foreclosure

    Bank of New York v. CNMB (Egued, et al)
          Mortgage Foreclosure                           CASE DISMISSED

    Bank of New York v. CNMB (Burkhead, et al)
          Mortgage Foreclosure

    Bank of New York v. CNMB (Conley/Williams)
          Mortgage Foreclosure

    Bank of New York v. CNMB (Fiallo, et al)
          Mortgage Foreclosure

    Bank of New York v. CNMB (Jean, et al)
          Mortgage Foreclosure

    Bank of New York v. CNMB (Lauriston et al)
          Mortgage Foreclosure

    Bank of New York v. CNMB (Le)
          Mortgage Foreclosure

    Bank of New York v. CNMB (Mellian, et al)
          Mortgage Foreclosure

*   Bank of New York v. CNMB (Valdes et al)
          Mortgage Foreclosure

    Baron, Marylin S., et al v. CNMB (Campbell, et al)
           Mortgage Foreclosure

    Bayview Loan v. CNMB (Bells Bicycles)
          Mortgage Foreclosure

    Beal Bank v. CNMB (Ramos, et al.)
           Mortgage Foreclosure

    Biberman v. CNMB (Philadelphia Church of God
          Mortgage Foreclosure


                                                                          7
Brown Bark III, L.P. v CNMB (2001, LLC)
      Mortgage Foreclosure

Chase Home Finance LLC v. CNMB (Bolufer, et al)
      Mortgage Foreclosure

Chase Home Finance LLC v. CNMB (Cohen, et al)
      Mortgage Foreclosure

Chase Home Finance LLC v. CNMB (Marc, et al)
      Mortgage Foreclosure

Chase Home Finance, LLC. V. CNMB (Rene et al)
      Mortgage Foreclosure

Chase Home Finance LLC v. CNMB (Rua, et al)
      Mortgage Foreclosure

Chase Home Finance LLC v. CNMB (Santiago et al)
      Mortgage Foreclosure

Citibank, N.A. v. CNMB (Anglade, et al)
       Mortgage Foreclosure

Citibank, N.A. v. CNMB (Austin, et al)
       Mortgage Foreclosure

Citimortgage v. CNMB (Guzman, et al.)
       Mortgage Foreclosure

Citifinancial Equity Services, Inc. v. CNMB (Morales)
        Mortgage Foreclosure

Citimortgage v. CNMB(Anchava)
       Mortgage Foreclosure

Citimortgage v. CNMB (Bilgoray)
       Mortgage Foreclosure

Citimortgage v. CNMB (Garcia)
       Mortgage Foreclosure

Citimortgage v. CNMB (La Fond, et al.)
       Mortgage Foreclosure


                                                        8
Citimortgage v. CNMB (Pena et al)
       Mortgage Foreclosure

Citimortgage v. CNMB (Rivaroli, et al)
       Mortgage Foreclosure

Cong Vo v. CNMB (Perroti, Miranda)
      Action to Quiet Title

Consumers Alliance Corp. v. CNMB (Haronda Realty)
      Action to Quiet Title

Countrywide Home Loans, Inc. v. CNMB (Gilles)
      Mortgage Foreclosure

Countrywide Home Loans, Inc. v. CNMB (Joseph, et al.)
      Mortgage Foreclosure

Countrywide Home Loans v. CNMB (Rodriguez, et al)
      Mortgage Foreclosure

Countrywide Home Loans v. CNMB (Schmidt, et al)
      Mortgage Foreclosure

Credit Based Asset Servicing v. CNMB (Rojas)
       Mortgage Foreclosure

Credit Based Asset Servicing v. CNMB (Rojas, et al)
       Mortgage Foreclosure

Deutsche Bank National v. CNMB (Castaneda)
      Mortgage Foreclosure

Deutsche Bank National v. CNMB (Daniels)
      Mortgage Foreclosure

Deutsche Bank National v. CNMB (Joseph)
      Mortgage Foreclosure

Deutsche Bank National v. CNMB (Lindor, et al.)
      Mortgage Foreclosure

Deutsche Bank Trust v. CNMB (Marks-Williams)
      Mortgage Foreclosure


                                                        9
Deutsche Bank National v. CNMB (Martinez, et al.)
      Mortgage Foreclosure

Deutsche Bank National v. CNMB (McCullough
      Mortgage Foreclosure

Deutsche Bank National v. CNMB (Nascimento)
      Mortgage Foreclosure

Deutsche Bank National v. CNMB (Perez/Llarena)
      Mortgage Foreclosure

Deutsche Bank National v. CNMB (Phillips)
      Mortgage Foreclosure

Deutsche Bank National v. CNMB (Rodriguez)
      Mortgage Foreclosure

Deutsche Bank National v. CNMB (Sanchez)
      Mortgage Foreclosure

Deutsche Bank National v. CNMB (Suhag, et al
      Mortgage Foreclosure

Deutsche Bank National v. CNMB (Voltaire, et al)
      Mortgage Foreclosure

Deutsche Bank National v. CNMB (Watkins, et al)
      Mortgage Foreclosure

Eastern Shores White House Association v. CNMB (Donoso)
       Mortgage Foreclosure

Eastern Shores White House Association v. CNMB (Grimany)
       Mortgage Foreclosure

Equitymax, Inc. v CNMB (Fenelon)
      Mortgage Foreclosure

Flagstar Bank v. CNMB (Pena)
       Mortgage Foreclosure

First Central Savings Bank v. CNMB (Meimoun)
        Mortgage Foreclosure


                                                           10
Fiserv ISS & Co., vs. CNMB (Estime)
        Mortgage Foreclosure

Florida Title Company v. CNMB (Dali-Bey)
       Mortgage Foreclosure

Global Trust v. CNMB (Roth)
       Mortgage Foreclosure

GMAC Mortgage v. CNMB (Calix)
    Mortgage Foreclosure

GMAC Mortgage v. CNMB (Platel, et al)
    Mortgage Foreclosure

Golden Beach (Town of) v. CNMB (Goodman, et al)
      Mortgage Foreclosure

HSBC Bank v. CNMB (Bull)
     Mortgage Foreclosure

HSBC Bank v. CNMB (Miller, et al.)
     Mortgage Foreclosure

HSBC Bank, N.A. v. CNMB (Mora)
     Mortgage Foreclosure

HSBC Bank, N.A. v. CNMB (Saint-Fart)
     Mortgage Foreclosure

HSBC Bank, N.A. v. CNMB (Seepersad)
     Mortgage Foreclosure

HSBC Bank v. CNMB (Vidal, et al)
     Mortgage Foreclosure

Indymac Federal Bank v. CNMB (Hamami, et al)
      Mortgage Foreclosure

Indymac Federal Bank v. CNMB (Hernandez, et al)
      Mortgage Foreclosure

JP Morgan v. CNMB (Carlos)
      Mortgage Foreclosure


                                                  11
    JP Morgan v. CNMB (Garcia)
          Mortgage Foreclosure

    JP Morgan v. CNMB (Lopez, et al)
          Mortgage Foreclosure

*   JP Morgan v. CNMB (Monsalve, et al.)
          Mortgage Foreclosure

    JP Morgan v. CNMB (Perez, et al)
          Mortgage Foreclosure

    Lago Mar Ventures v. CNMB (Oliver)
          Mortgage Foreclosure

    LaSalle Bank Midwest v. CNMB (Gomez)
           Mortgage Foreclosure

    Metro Bank v. CNMB (Macala, LLC)
          Mortgage Foreclosure

    Miami-Dade County v. CNMB (Morrobel)
          Mortgage Foreclosure

    Mortgage Investment Group v. CNMB (Deliford, et al)
          Mortgage Foreclosure

    OneWest Bank v. CNMB (Gutierrez)
         Mortgage Foreclosure

    OneWest Bank v. CNMB (Lopez)
         Mortgage Foreclosure

    OneWest Bank v. CNMB (Rodriguez, et al)
         Mortgage Foreclosure

    OneWest Bank v. CNMB (Ward, et al.)
         Mortgage Foreclosure

    OneWest Bank v. CNMB (Wright, et al)
         Mortgage Foreclosure

    Owen Federal Bank v. CNMB (Bain)
          Mortgage Foreclosure


                                                          12
PHH Mortgage v. CNMB (Martinez, et al)
     Mortgage Foreclosure

PNC Mortgage v. CNMB (Ordonez/Child, et al.)
     Mortgage Foreclosure

Primary Residential Mortgage v. CNMB (Miranda, et al.)
       Mortgage Foreclosure

RMS Residential v. CNMB (Heredia)
     Mortgage Foreclosure

Sazant v. CNMB(Pluviose)
       Mortgage Foreclosure

Sun American Bank v. CNMB (Lehman Family Holdings, et al.)
      Mortgage Foreclosure

SunTrust Mortgage v. CNMB (Garcia, et al.)
      Mortgage Foreclosure

Transatlantic Bank v. CNMB (Andor Expressway Corp., et al.)
       Mortgage Foreclosure

U.S. Bank N.A. v. CNMB (Gonzalez, et al)
       Mortgage Foreclosure

U.S. Bank N.A. v. CNMB (Gonzalez, J., et al.)
       Mortgage Foreclosure

U.S. Bank NA v. CNMB (Jean-Louis)
       Mortgage Foreclosure

U.S. Bank NA v. CNMB (Joseph, et al.)
       Mortgage Foreclosure

U.S. Bank NA v. CNMB (Marin)
       Mortgage Foreclosure

U.S. Bank NA v. CNMB (Martinez)
       Mortgage Foreclosure

U.S. Bank NA v. CNMB (Mendez)
       Mortgage Foreclosure


                                                              13
U.S. Bank NA v. CNMB (Otero)
       Mortgage Foreclosure

U.S. Bank N.A. v. CNMB (Perez)
       Mortgage Foreclosure

U.S. Bank NA v. CNMB (Robinson, et al)
       Mortgage Foreclosure

U.S. Bank NA v. CNMB (Rodriguez, et al)
       Mortgage Foreclosure

U.S. Bank NA v. CNMB (Rodriguez, Maria A., et al).
       Mortgage Foreclosure

U.S. Bank NA v. CNMB (Rosenberg)
       Mortgage Foreclosure

U.S. Bank NA v. CNMB (Suarez, et al.)
       Mortgage Foreclosure

U.S. Bank NA v. CNMB (Torres, et al.)
       Mortgage Foreclosure

Venice Isle, Inc. v. CNMB (Suhag)
       Claim of Lien Foreclosure

Vericrest Financial, Inc. v. CNMB (Palmer/ Webb Estate)
       Mortgage Foreclosure

Wachovia Mortgage v. CNMB (Campos)
     Mortgage Foreclosure

Wachovia Bank v. CNMB (Martinez)
     Mortgage Foreclosure

Wachovia Bank v. CNMB (Rodriguez, D)
     Mortgage Foreclosure

Washington Mutual Bank, F.A. v. CNMB, Sandra T. Porter, et al
      Mortgage Foreclosure

Washington Mutual Bank v. CNMB (Schmidt)
      Mortgage Foreclosure


                                                                14
    Wells Fargo Bank N.A. v. CNMB (Amador)
           Mortgage Foreclosure

    Wells Fargo Bank N.A. v. CNMB (Clozeille)
           Mortgage Foreclosure

    Wells Fargo Bank, N.A. v. CNMB (Fil-Aimee)
           Mortgage Foreclosure

    Wells Fargo Bank, N.A. v. CNMB (Frye)
           Mortgage Foreclosure

    Wells Fargo Bank, N.A. v. CNMB (Gonzalez)
           Mortgage Foreclosure

    Wells Fargo Bank, N.A. v. CNMB (Hernandez, et al
           Mortgage Foreclosure

    Wells Fargo Bank, N.A. v. CNMB (Ia Torola)
           Mortgage Foreclosure

    Wells Fargo Bank v. CNMB (Lopez, et al)
           Mortgage Foreclosure

    Wells Fargo Bank v. CNMB (Mendez, et al)
           Mortgage Foreclosure

    Wells Fargo v. CNMB (Roberts)
           Mortgage Foreclosure

*   Wells Fargo v. CNMB (Robinson, et al.)
           Mortgage Foreclosure

    Wells Fargo Bank, N.A. v. CNMB (16700-01, LLC)
           Mortgage Foreclosure

    Woodside Apartments Assoc. v. CNMB (Mizrahi)
          Mortgage Foreclosure




                                                       15
VIII. Bankruptcies:

      Adams, Evrol C.
      American LaFrance LLC
      American Home Mortgage Holdings
      Carcamo, Ana Maritza
      Cimax USA, LLC
      Curbelo, Federico
      Diversified Displays/Michael Phelan
      Filene’s Basement, Inc.
      Florida Select Insurance
      Kaplun, Raul E.
      Kim, Myung Ja
      K&S Foods LLC
      My Tattoo Shop, Inc.
      Porter, Michael and Shanda
      The New Kosher World Bakery
      Rife, Joseph Alan
      Rodriguez, Carlos
      SMG Entertainment
      South Pointe Family and Children Center
      Sunny Isles Unicenter
      Tweeter Intellectual Property (Sound Advice)
      Vartec Telecom, Inc.
      Verestar, Inc.
      Veliz, Orestes & Sury
      Villaverde, Olga
      WCI Communities, Inc.



*New Cases




                                                     16
                                                                             City of North Miami Beach
                                                                                   17011 NE 19 Avenue
                                                                           North Miami Beach, FL 33162
                                                                                          305-947-7581
                                                                                     www.citynmb.com


                              MEMORANDUM


                                       Print



TO:           Mayor and City Council

FROM:         Roslyn Weisblum, Acting City Manager

DATE:         Tuesday, September 28, 2010



RE:           Ordinance 2010-10 (First Reading, By Title Only)



BACKGROUND:   This report is comprised of 10 applications for amendments to the City of
              North Miami Beach's Comprehensive Plan. The City's Comprehensive Plan
              Evaluation and Appraisal Report was adopted by the City in July 2005 and
              found sufficient by the Florida Department of Community Affairs. These
              amendments are intended to: implement the recommendations contained in
              the City's adopted Evaluation and Appraisal Report; generally update the Plan
              and its goals, objectives and policies, and; address subsequent changes in
              State growth management legislation. The proposed amendments are
              collectively referred to as Evaluation and Appraisal Report-based
              amendments. Only goals, objectives, policies and text for which amendments
              are recommended, or new goals, objectives and policies, are included.
              Additions are denoted by underline; deletions by strikethrough.


              The 10 applications contained in this report correspond to the Comprehensive
              Plan elements to which amendments are recommended. The Evaluation and
              Appraisal Report addressed four major issues, which served as the basis for
              many of its recommendations. These issues are:

                     Develop an Identity for the City;
                     Facilitate and Manage Redevelopment;
                     Provide Enhanced Recreation and Open Space Facilities, and;
                     Improve Intergovernmental Coordination.

              Other EAR recommendations addressed updated baseline data, new statutory
              requirements, and progress in achieving the Comprehensive Plan.


              Florida House Bill (HB) 697, passed in 2008, included new requirements for
              the inclusion of greenhouse gas reduction and energy efficiency standards in
              comprehensive plans.

              Specifically, HB 697 requires:

                     the Future Land Use Element to address energy efficient land use
                     patterns and greenhouse gas reduction strategies;
                                              the Transportation Element to address transportation strategies to
                                              reduce greenhouse gas emissions; and
                                              the Housing Element to address energy efficiency in the design and
                                              construction of new housing, and; the Conservation Element to
                                              address factors that relate to energy conservation.

RECOMMENDATION:                        It is recommended that the proposed applications for amendments to the City
                                       Comprehensive Plan be approved for transmittal to the Department of
                                       Community Affairs.

FISCAL IMPACT:                         None

CONTACT PERSON(S):                     Shari Kamali, Director of Community Development




ATTACHMENTS:
   Ordinance No. 2010-10
   E.A.R. Amendments
   Appendix A
   Appendix B
   Planning & Zoning Minutes (4/12/2010)
                                  ORDINANCE NO. 2010-10

                  AN ORDINANCE OF THE CITY OF NORTH MIAMI
                  BEACH, FLORIDA, ADOPTING THE EVALUATION AND
                  APPRAISAL REPORT-BASED AMENDMENTS TO THE
                  COMPREHENSIVE        PLAN;       AUTHORIZING
                  TRANSMITTAL TO REVIEW AGENCIES; PROVIDING
                  FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF
                  ORDINANCES IN CONFLICT HEREWITH; PROVIDING
                  FOR THE CODIFICATION OF THIS ORDINANCE AND
                  PROVIDING FOR AN EFFECTIVE DATE.



       WHEREAS, the Florida Legislature intends that local planning be a continuous and

ongoing process; and

       WHEREAS, Section 163.3191, Florida Statutes, directs local governments to

periodically assess the success or failure of the adopted plan to adequately address changing

conditions and state policies and rules; and

       WHEREAS, Section 163.3191, Florida Statutes, directs local governments to adopt

needed amendments to ensure that the plan provides appropriate policy guidance for growth and

development; and

       WHEREAS, the City adopted its Evaluation and Appraisal Report (EAR) in July 2005;

and

       WHEREAS, the Florida Department of Community Affairs found the adopted EAR

sufficient, and

       WHEREAS, the City has completed its proposed EAR-based amendments consistent

with the requirements of Chapter 163, Part II, Florida Statutes, and Rule 9J-5 and 9J-11, Florida

Administrative Code; and




                                  ORDINANCE NO. 2010-10
        WHEREAS, the Planning and Zoning Board after public hearing on April 12, 2010,

recommended approval of the request to transmit the EAR-based amendments to the Department

of Community Affairs; and

        WHEREAS, the City Council, upon first reading of this Ordinance, authorizes

transmittal of the EAR-Based Amendments to the Department of Community Affairs and review

agencies for the purpose of a review in accordance with Sections 163.3184, 163.3187, 163.3189

and 163.3191, Florida Statutes.

        NOW, THEREFORE,

        BE IT ORDAINED by the City Council of the City of North Miami Beach, Florida

        Section 1.     Findings.      The foregoing "Whereas" clauses are hereby ratified and

incorporated as the legislative intent of this Ordinance.

        Section 2.    The 2010 Evaluation and Appraisal Report-Based Amendments to the City

of North Miami Beach Comprehensive Plan, attached as Exhibit “A” to this Ordinance and as

revised to address any objections, recommendations and comments provided by the Department

of Community Affairs and review agencies, are hereby adopted and transmitted to the

Department of Community Affairs and review agencies.

        Section 3.     Severability. The provisions of this Ordinance are declared to be

severable, and if any section, sentence, clause or phrase of this Ordinance shall for any reason be

held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining

sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it

being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any

part.




                                   ORDINANCE NO. 2010-10
       Section 4.      Inclusion in the Comprehensive Plan. It is the intention of the City

Council and it is hereby ordained that the provisions of this Ordinance shall become and made a

part of the Comprehensive Plan of the City of North Miami Beach.

       Section 5.      Transmittal. The City Clerk is directed to transmit the EAR-based

amendments to the State of Florida Department of Community Affairs and other agencies as

provided under Chapter 163, Part I1 of the Florida Statutes.

       Section 6.      Effective Date. This Ordinance shall he effective pursuant to Chapter 163

of the Florida Statutes.

       APPROVED BY TITLE ONLY on first reading this ___ day of _________, 2010.

       APPROVED AND ADOPTED on second reading this ___ day of ________, 2010.


ATTEST:


______________________                              ______________________
SUSAN A. OWENS                                      MYRON ROSNER
CITY CLERK                                          MAYOR

(CITY SEAL)
                                                    APPROVED AS TO FORM


                                                    _______________________
                                                    DARCEE S. SIEGEL
                                                    CITY ATTORNEY



Sponsored by: Mayor and City Council




                                  ORDINANCE NO. 2010-10
                   INTRODUCTION AND EXECUTIVE SUMMARY

This report is comprised of 10 applications for amendments to the City of North Miami
Beach’s Comprehensive Plan. The City’s Comprehensive Plan Evaluation and
Appraisal Report was adopted by the City in July 2005 and found sufficient by the
Florida Department of Community Affairs. These amendments are intended to:
implement the recommendations contained in the City’s adopted Evaluation and
Appraisal Report; generally update the Plan and its goals, objectives and policies, and;
address subsequent changes in State growth management legislation. The proposed
amendments are collectively referred to as Evaluation and Appraisal Report-based
amendments. Only goals, objectives, policies and text for which amendments are
recommended, or new goals, objectives and policies, are included.        Additions are
denoted by underline; deletions by strikethrough.

The 10 applications contained in this report correspond to the Comprehensive Plan
elements to which amendments are recommended. The Evaluation and Appraisal
Report addressed four major issues, which served as the basis for many of its
recommendations. These issues are:
   • Develop an Identity for the City;
   • Facilitate and Manage Redevelopment;
   • Provide Enhanced Recreation and Open Space Facilities, and;
   • Improve Intergovernmental Coordination.
Other EAR recommendations addressed updated baseline data, new statutory
requirements, and progress in achieving the Comprehensive Plan.

Florida House Bill (HB) 697, passed in 2008, included new requirements for the
inclusion of greenhouse gas reduction and energy efficiency standards in
comprehensive plans. Specifically, HB 697 requires:
    • the Future Land Use Element to address energy efficient land use patterns and
        greenhouse gas reduction strategies;
    • the Transportation Element to address transportation strategies to reduce
        greenhouse gas emissions;
    • the Housing Element to address energy efficiency in the design and construction
        of new housing, and;
    • the Conservation Element to address factors that relate to energy conservation.
Amendments to address HB 697 and other new statutory requirements are contained
herein as well.




                                           1
                             APPLICATION 1.
             CITY OF NORTH MIAMI BEACH COMPREHENSIVE PLAN
                  FUTURE LAND USE ELEMENTAMENDMENTS

1.     Amend Goal 1 as follows:
Goal 1
Protect and enhance the residential, commercial and natural resource areas of North
Miami Beach. Encourage redevelopment and development to enhance the economic
base of the City, improve the aesthetic quality of the commercial corridors and existing
neighborhoods, and provide a range of housing and employment opportunities to
accommodate, serve and employ the projected population, while protecting established
single family neighborhoods.

Reasons for amendment:

1.) In response to Evaluation and Appraisal Report (EAR) Issue A., “Develop an
Identity for the City”.

2.) In response to EAR Issue B., “Facilitate and Manage Redevelopment”.

3.) To address State growth management requirements


2.     Amend Objective 1.1 as follows:
Objective 1.1
Coordinate new land uses and future redevelopment with soil conditions, topography,
public services, utility land areas and the public facility system. Measures: Percent of
new development required to tie in to the sanitary sewer system (objective – 100%),
reduction of neighborhood cut through traffic as the result of traffic control strategies
implemented (objective – 0 complaints from residents and or neighborhood
associations), and percent of development or redevelopment implemented in
accordance with the City’s Land Development Regulations (objective – 100%).

Reasons for amendment:

1.) To address State growth management requirements.


3.      Amend Policy 1.1.1 as follows:
Policy 1.1.1
As major new development and/or redevelopment occurs, the City shall continue to use
the Land Development Regulations to require a tie-in to the sanitary sewer system if at
all feasible.

Reasons for amendment:


                                           2
1.) In response to EAR Issue B., “Facilitate and Manage Redevelopment”.

2.) To address State growth management requirements.


4.     Amend Policy 1.1.4 as follows:
Policy 1.1.4
The Land Development Regulations shall continue to specify that no development
permit shall be issued unless assurance is given that the public facilities necessitated by
the project in order to meet adopted level of service standards specified in the Traffic
Circulation and Infrastructure policies will be in place within the required time period
specified by those Elements. A concurrency management system shall be included that
specifies the latest DCA criteria for what constitutes assurance other than budgeted
projects or signed development agreements.

1.) To address State growth management requirements.


5.     Amend Policy 1.1.6 as follows:
Policy 1.1.6
That portion of the City located east of Interstate-95 constitutes an Urban Infill Area
(UIA) under Chapter 163, F.S.
(Amended by Ordinance NO. 2006-14, 10/03/06)
The City hereby recognizes that the portion of its corporate boundaries that are east of
I-95 are an Urban Infill Area (UIA) and a Transportation Concurrency Exception Area
(TCEA) in accordance with the Future Land Use Element of this plan and the Miami-
Dade County Comprehensive Development Master Plan (CDMP).

Reasons for amendment:

1.) In response to EAR Issue B., “Facilitate and Manage Redevelopment”.

2.) To provide consistency with Miami-Dade County CDMP’s designation of the
Urban Infill and Transportation Concurrency Exception Area.


6.     Add a new Policy 1.1.9 as follows:
Policy 1.1.9
Development, development orders, and permits issued by the City must be specifically
conditioned on the availability of facilities and services necessary to serve the proposed
development.

Reasons for amendment:

1.) To address State growth management requirements.



                                            3
7.     Add a new Policy 1.1.10 as follows:
Policy 1.1.10
Through the technical review of Applications for Development Process, assure
adequate provisions for sewer lift stations in particular and other utility land
requirements as necessary for new development.

Reasons for amendment:

1.) To address State growth management requirements.


8.      Amend Objective 1.2 as follows:
Objective 1.2
Detail a redevelopment strategy for the potential redevelopment areas, including those
cited in this plan (see Map 1.16, Volume Four); areas are included in the policies below.
Redevelopment could include Future Land Use Map designation changes as necessary
to facilitate enhancement of these areas. (e.g. additional recreation and open space
land). Measure: This objective shall be measured by progress in implementing its
policies.

Reasons for amendment:

1.) To include a monitoring measure in accordance with growth management
requirements


9.    Delete Policy 1.2.1 as follows:
Policy 1.2.1
Work with local, state and federal officials to develop a partnership for exploring a
redevelopment of the University Park Neighborhood including the reuse of Southeastern
University for a biomedical/biotechnical public high school of choice.

Reasons for amendment:

1.) In response to EAR Issue B., “Facilitate and Manage Redevelopment”.


10.     Renumber and amend Policy 1.2.2 as follows: (Also renumber Policy 1.2.3)
Policy 1.2.21
Prepare action plans and seek funds to purchase property east of NE 15 Avenue and
South of NE 167 Street for the purpose of stimulating a public facility-based mixed-use
redevelopment that may include transportation uses, recreation and open space
activities, retail, and other community facilities. The City shall ensure that infill and
redevelopment efforts are balanced with the need to preserve community character,
provide affordable housing, and preserve historic resources.

                                           4
Reasons for amendment:

1.) In response to EAR Issue B., “Facilitate and Manage Redevelopment”.

2.) To address State growth management requirements


11.   Renumber and amend Policy 1.2.4 as follows:
Policy 1.2.43
The City shall continue to sSeek federal, state, and local funds for redeveloping the S.R.
826 (NW 163 and 167 Street) Corridor in conformance with a and ensure the
redevelopment plan which of said corridor encourages a strong regional commercial
atmosphere.

Reasons for amendment:

1.) In response to EAR Issue B., “Facilitate and Manage Redevelopment”.


12.    Renumber and amend Policy 1.2.5 as follows: (Also Renumber Policy 1.2.6)
Policy 1.2.54
By 1999, The City shall periodically analyze public and private deficiencies and prepare
a redevelopment analysis and timeline for each of the potential redevelopment areas.
contained in the Land Use Element of Volume One (Allen Park, University Park, SR 826
Corridor, Highland Village, and Uleta).
Reasons for amendment:

1.) In response to EAR Issue B., “Facilitate and Manage Redevelopment”.


13.    Add a new Policy 1.2.6 as follows:
Policy 1.2.6
The City’s redevelopment strategy shall address the full range of redevelopment
impacts, including the displacement of existing populations, the loss of historic
structures and neighborhood character, and the overburdening of existing infrastructure.

Reasons for amendment:

1.) In response to EAR Issue B., “Facilitate and Manage Redevelopment”.


14.   Add a new Policy 1.2.7 as follows:
Policy 1.2.7
The City shall encourage redevelopment in proximity to transit stops and hubs.



                                            5
Reasons for amendment:

1.) In response to EAR Issue A., Develop an Identity for the City.

2.) In response to EAR Issue B., “Facilitate and Manage Redevelopment”.


15.    Add a new Policy 1.2.8 as follows:
Policy 1.2.8
The City shall encourage development and redevelopment of appropriate scale and
type in areas adjacent to established residential neighborhoods. Appropriate scale and
type shall be determined by reviewing the compatibility of proposed development and
redevelopment with the adjacent residential uses.

Reasons for amendment:

1.) In response to EAR Issue B., “Facilitate and Manage Redevelopment”.


16.   Add a new Policy 1.2.9 as follows:
Policy 1.2.9
By 2015, the City shall evaluate the feasibility of developing a waterfront promenade to
enhance the city center and Snake Creek Canal in accordance with the
recommendations of the 2007 Urban Design Plan.
Reasons for amendment:

1.) In response to EAR Issue A., Develop an Identify for the City.

2.) In response to EAR Issue B., “Facilitate and Manage Redevelopment”.


17.   Add a new Policy 1.2.10 as follows:
Policy 1.2.10
The City and CRA should coordinate efforts to provide public parking as an incentive to
encourage redevelopment.

Reasons for amendment:

1.) In response to EAR Issue B., “Facilitate and Manage Redevelopment”.


18.    Add a new Policy 1.2.11 as follows:
Policy 1.2.11
All redevelopment shall be sensitive to the community character, and should seek to
promote transit and pedestrian friendliness through features such as: interconnected



                                           6
sidewalks; transit shelters; an interesting pedestrian environment, and; shade from
shade trees, awnings, or canopies.

Reasons for amendment:

1.) In response to EAR Issue A., Develop an Identity for the City.

2.) In response to EAR Issue B., “Facilitate and Manage Redevelopment”.


19.    Add a new Policy 1.2.12 as follows:
Policy 1.2.12
The City should consider developing and adopting form-based land development
regulations that specify acceptable transitions within redevelopment areas.

Reasons for amendment:

1.) In response to EAR Issue A., Develop an Identity for the City.

2.) In response to EAR Issue B., “Facilitate and Manage Redevelopment”.


20.    Add a new Policy 1.2.13 as follows:
Policy 1.2.13
In order to evaluate applications for Future Land Use Map changes in redevelopment
areas, the City should require applicants to provide market studies that reflect real
estate market demands.

Reasons for amendment:

1.) In response to EAR Issue A., Develop an Identity for the City.

2.) In response to EAR Issue B., “Facilitate and Manage Redevelopment”.


21.   Add a new Policy 1.2.14 as follows:

Policy 1.2.14
The Community Redevelopment Agency should seek to strengthen businesses in the
redevelopment areas.

Reasons for amendment:

1.) In response to EAR Issue A., Develop an Identift for the City.

2.) In response to EAR Issue B., “Facilitate and Manage Redevelopment”.

                                            7
22.    Add a new Policy 1.2.15 as follows:
Policy 1.2.15
The City should facilitate development in the redevelopment areas to promote mixed-
use development, defined as design-unified, vertically and or horizontally integrated,
pedestrian-friendly development.      Mixed use areas should provide for multi-modal
transportation connectivity to other areas, encourage mass transit, reduce the need for
automobile travel, provide incentives for quality development, and give definition to the
urban form.

Reasons for amendment:

1.) In response to EAR Issue A., Develop an Identity for the City.

2.) In response to EAR Issue B., “Facilitate and Manage Redevelopment”.


23.    Add a new Policy 1.2.16 as follows:
Policy 1.2.16
The City shall continue to identify areas of slum and blight in the community, rank these
areas in order of priority, and develop a schedule which will ensure all such areas are
studied and solutions are identified.

Reasons for amendment:

1.) In response to EAR Issue B., “Facilitate and Manage Redevelopment”.


24.    Add a new Policy 1.2.17 as follows:
Policy 1.2.17
The City should consider changes to the Zoning and Land Development Code and
Future Land Use categories to permit mixed-use development in proximity to the FEC
railway, major transit corridors and within the City’s redevelopment areas.

Reasons for amendment:

1.) In response to EAR Issue A., Develop an Identity for the City.

2.) In response to EAR Issue B., “Facilitate and Manage Redevelopment”.


25.   Add a new Policy 1.2.19 as follows:
Policy 1.2.19
The City should encourage the use of Crime Prevention Through Environmental



                                           8
Design (CPTED) standards in the redevelopment of the City and formalize these
standards within the Zoning and Land Development Code, enhancing the safety of the
City by limiting design factors which abet crime.

Reasons for amendment:

1.) In response to EAR Issue A., Develop an Identity for the City.

2.) In response to EAR Issue B., “Facilitate and Manage Redevelopment”.


26.    Amend Policy 1.3.5 as follows:
Policy 1.3.5
The City shall continue to rectify land use conflicts (such as antiquated subdivisions and
vested land uses which do not conform with the City’s adoptedion of the City’s
Comprehensive Plan) through appropriate measures, including the acquisition of such
lands through Federal, State, and Local programs when possible and revisions to the
Land Development Regulations when appropriate.
Reasons for amendment:

1.) Update.


27.    Add a new Policy 1.3.6 as follows:
Policy 1.3.6
Although there are no military installations within or proximate to the City at present, the
City will adhere to State statutory requirements to ensure compatibility of new
development and redevelopment with military operations if a military installation is
located within or within one-half mile of its boundaries in the future.

Reasons for amendment:

1.) To address State growth management requirements.

28.    Add a new Policy 1.3.7 as follows:
Policy 1.3.7
New housing in existing neighborhoods shall be compatible with historic structures,
landmarks and districts within or adjacent to the neighborhood, and the overall
neighborhood character as expressed through prevalent and desired architectural styles
or other characteristics.

Reasons for amendment:

1.) In response to EAR Issue A., “Develop an Identity for the City”.

2.) In response to EAR Issue B., “Facilitate and Manage Redevelopment”.

                                             9
29.   Amend Policy 1.4.2 as follows:
Policy 1.4.2
Pursue public acquisition of remaining The City shall protect and maintain natural
resources and environmentally sensitive lands through the implementation of this
comprehensive plan and the land development regulations.

Reasons for amendment:

1.) Broadens policy to address full range of preservation techniques rather than
mandating public acquisition.


30.   Amend Objective 1.5 as follows:
Objective 1.5
Avoid further increase in land use density and intensity along the Sunny Isles Boulevard
corridor east of U.S. 1.
The City shall coordinate with Miami-Dade County, the South Florida Regional Planning
Council and the State of Florida in evaluating the impacts of development and
redevelopment on hurricane evacuation clearance times, structural integrity, and
disaster-preparedness needs. Measures: Demonstrable examples of coordination
through the development review process.

Reasons for amendment:

1.) In response to EAR Issue B., “Facilitate and Manage Redevelopment”.

2.) In response to EAR Issue D., Improve Intergovernmental Coordination
Reasons for amendment:

3.) To address State growth management requirements


31.    Add a new Policy 1.5.2 as follows:
Policy 1.5.2
The City will coordinate with the South Florida Regional Planning Council (SFRPC) in
order to evaluate the effect that development and redevelopment in accordance with the
densities and intensities allowed under Policy 1.8.1, as adopted in September, 2006,
may have on hurricane evacuation clearance times for the coastal zone area. The City
will commit to working with the appropriate parties to mitigate the impact of Policy 1.8.1,
to the extent that development or redevelopment in accordance with Policy 1.8.1 would
increase the allowable clearance times for various hurricane intensities.

Reasons for amendment:

1.) In response to EAR Issue B., “Facilitate and Manage Redevelopment”.

                                            10
2.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.
Reasons for amendment:

3.) To address State growth management requirements


32.     Add a new Policy 1.5.3 as follows:
Policy 1.5.3
The City shall coordinate with the Miami-Dade County and the South Florida Regional
Planning Council in implementing the approved Local Mitigation Strategy by: assessing
the vulnerability of governmental, medical and public safety sites and structures in the
City to storm damage, and; developing an action plan, if necessary, to address wind
stability and flood protection for key buildings.

Reasons for amendment:

1.) In response to EAR Issue B., “Facilitate and Manage Redevelopment”.

2.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.
Reasons for amendment:

3.) To address State growth management requirements


33.   Add a new Policy 1.5.4 as follows:
Policy 1.5.4
The City shall continue to work with Miami-Dade County to ensure that City employees
are well-trained in the programs, procedures and policies required during a disaster
emergency and the longer-term post-disaster redevelopment process.

Reasons for amendment:

1.) In response to EAR Issue D., Improve Intergovernmental Coordination
Reasons for amendment:

2.) To address State growth management requirements


34.    Add a new Policy 1.5.5 as follows:
Policy 1.5.5
The City shall evaluate all proposed large-scale amendments to the Comprehensive
Plan and/or zoning applications to determine their impact on hurricane evacuation
routes and times, and affect on currently available off-site shelter capacities. Roadway
improvements and shelter improvements shall be required to mitigate negative impacts,
if deemed necessary, and phased with new residential development.

                                          11
Reasons for amendment:

1.) To address State growth management requirements


35.     Amend Objective 1.6 as follows:
Objective 1.6
Facilitate mixed-use and planned unit development projects that are of appropriate
intensity, density, land use mix, and urban design to foster walkable neighborhoods,
great public spaces, and increase the viability of pedestrian, bicycle and public modes
of transportation, and reduce dependency on the automobile. Measures: Number of
successful developments or redevelopments implemented in accordance with revised
Land Development Regulations for Mixed Use (objective – at least one by January 1,
2008 2015). “Successful” means general satisfaction of parties involved with approval,
including property owner, City officials, and the public. (Amended by Ordinance No.
2006-14, 10/03/06)

Reasons for amendment:

1.) In response to EAR Issue A., Develop an Identity for the City.

2.) In response to EAR Issue B., “Facilitate and Manage Redevelopment”.


36.    Amend Policy 1.6.3 as follows:
Policy 1.6.3
The City shall facilitate and encourage development of the Fulford City Center (MU/TC,
Mixed-Use Town Center) at the maximum permitted residential density and
nonresidential intensity. The City shall explore incentives for maximum land utilization,
including proportions of mixed-use, which may include the following, and shall amend
the land development regulations as necessary by June, 2008 to implement its findings
these incentives:
          a. reduction of required off-street parking requirements
          b. strict enforcement of existing codes
          c. reduction of road impact fees (reverse impact fee structure, since higher
              density and intensity supports transit usage)
          d. revision of impact fees to instead fund transit, bicycle and pedestrian
              infrastructure
          e. Financial assistance and/or parcel assemblage coordination assistance
              from the Community Redevelopment Agency
          f. Marketing assistance from the Community Redevelopment Agency
          g. Location of circulator bus stop in front of the development
          h. Initial property tax rebate program
        (Amended by Ordinance NO. 2006-14, 10/03/06)



                                           12
Reasons for amendment:

1.) In response to EAR Issue A., “Develop an Identity for the City”.

2.) In response to EAR Issue B., “Facilitate and Manage Redevelopment”.

3.) Update


37.    Add a new policy 1.6.4 as follows:
Policy 1.6.4
The City should consider changes to the Zoning and Land Development Code and
Future Land Use categories to permit mixed-use development in proximity to the FEC
railway, major transit corridors and within the City’s redevelopment areas.

Reasons for amendment:

1.) In response to EAR Issue A., Develop an Identity for the City.

2.) In response to EAR Issue B., “Facilitate and Manage Redevelopment”.


38.   Amend Objective 1.7 as follows:
Objective 1.7
Protect, enhance and retain the City's limited historic resources by experiencing no
demolition of the historically significant structures (1945 NE 167 Street, Fulford-by-the
Sea Marker at NE 171 Street and NE 22 Avenue, the Coral Wall located west of NE 20
Avenue at its intersection with NE 169 Street in Victory Park, 1634 NE 171 Street, 1731
NE 171 Street, the Old Spanish Monastery at 16711 W. Dixie Highway) shown on Map
1.5, which is included at the end of this Volume as well as in Volume Four and by
enhancing the historic nature of the City’s Historic Fulford-by-the-Sea District, also
shown in Map 1.5. Measures: No demolition of listed historic structures.

Reasons for amendment:

1.) In response to EAR Issue B., “Facilitate and Manage Redevelopment”.

2.) To address State growth management requirements


39.    Amend Policy 1.7.1 as follows:
Policy 1.7.1
The City Manager shall monitor all private development applications and City capital
improvement plans to assure protection of the historically significant sites and buildings
enumerated in this Element with particular attention to protection of the Historic Fulford
by the Sea District.

                                           13
Reasons for amendment:

1.) Broadens policy in the event that other areas are designated.


40.    Amend Policy 1.7.3 as follows:
Policy 1.7.3
Protect, enhance, and restore where possible the City’s original settler’s’ homes and
natural environment located in the Historic Fulford by the Sea District’s original 3,500
acre new town begun in the 1920s.
Reasons for amendment:

1.) Focus on historic structures in accordance with Objective 1.7.

41.     Delete Policy 1.7.4 as follows:
Policy 1.7.4
Protect and enhance the unique natural tree mound located on NE 167 Street and NE
21 Avenue in the Fulford by the Sea Historical District. By 1999 coordinate with local
historians, archeologists, and divisions of historical resources the possibility that this
unique natural feature provided historical habitat to early American Indian tribes.
Reasons for amendment:

1.) Focus on historic structures in accordance with Objective 1.7.


42.     Renumber and amend Policy 1.7.5 as follows:
Policy 1.7.54
By 1999, an ordinance shall be adopted so as to include in the land development
regulations provisions which will designate a portion of the City as an historic district.
The extent and regulations of the district, to be called the Historic Fulford by the Sea
District, shall be determined based upon criteria set forth in the ordinance to protect the
integrity of sites identified as significant historic resources. 2015, the City shall amend
the Land Development Code to include provisions for the protection and preservation of
historic resources. Specific performance standards shall include at a minimum, but may
not be limited to:
          • Specific review procedures to identify, protect and preserve significant
             historic resources during the land development process and thus enhance
             the historical environment in conjunction with the City’s creation of the
             district.
          • Protection against encroachment of incompatible activities and land uses.

Reasons for amendment:

1.) Update.

2.) To address State growth management requirements

                                            14
43.    Add a new Policy 1.7.5 as follows:
Policy 1.7.5
The City should continue to identify methods of promoting historic preservation, heritage
and history as a tool for community revitalization and economic development.

Reasons for amendment:

1.) To address State growth management requirements.


44.   Amend Objective 1.8 as follows:
Objective 1.8
Use the Land Development Code to implement land use policies that correspond to the
categories on the Future Land Use Plan Map. Measures: Consistency between the
land development regulations and Future Land Use Map.

Reasons for amendment:

1.) To address State growth management requirements.


45.    Add a new Policy 1.8.1 as follows:
Policy 1.8.1
Each individual Mixed-Use Project, MU/18-75 MU/12-40, and MU/BO, Mixed Use
Business or Office Center PUD project shall assist the City in addressing the following
goals to the extent they are applicable and reasonably feasible:

          (a) Create and/or enhance community-benefiting assets. These community
              benefiting assets can include: parks, cultural institutions, public art, open
              space, gazebos, fountains, plazas, seating areas, colonnades, shaded
              landscaped areas, or similar features.
          (b) Address needs for affordable housing by providing various housing types
              and price ranges or contributing to an affordable housing fund.
          (c) Foster walkability by interconnecting to the network of pedestrian friendly
              streets, creating a network of sidewalks within their property, and creating
              or enhancing community-benefiting assets within their development.
          (d) Promote distinctive, attractive PUD projects with a strong sense of place
              through its unique architecture, site planning, walkability, connection to a
              variety of transportation choices, enhancement of neighborhood identity,
              and its choice of landscape materials, or similar.
          (e) Assist the City in accomplishing its park and open space goals by
              contributing impact fees, creating rooftop gardens, creating recreation,
              park and open space opportunities.



                                            15
          (f) Create quality of place through building and supporting the local economy,
              through nurturing and defining neighborhood identity, fostering frequent
              and meaningful contact, creating improved accessibility, promoting a
              sense of comfort, and drawing a diverse population.
          (g) Assist in providing a variety of transportation choices by providing bicycle
              amenities, by accommodating various modes of transit shelter, stops, and
              stations, by assisting in making roadways on-site and off-site pedestrian
              friendly, aesthetically pleasing, and bicycle friendly, and through its use of
              transit oriented design.
          (h) By going green through the use of such techniques as water reuse,
              reduced energy usage, recycling, the conservation of building materials
              and resources, and increased water efficiency.

By 2015, the City will amend the land development regulations in order to provide
further guidance in the implementation of this Policy through the development approval
process.

Reasons for amendment:

1.) In response to EAR Issue B., “Facilitate and Manage Redevelopment”.

2.) Improve readability by consolidating goals into a single policy rather than
repeating for each mixed-use district.


46.    Renumber and amend Policy 1.8.1 as follows:
Policy 1.8.1 1.8.2
The following land use densities, intensities and approaches shall be incorporated in the
Land Development Code. Building height is defined as the vertical distance above the
centerline of the adjacent fronting road to the highest point of the building, except that in
a Special Flood Hazard Area (SFHA) the building height shall be measured from the
minimum finished flood elevation required in the SFHA, less those structures permitted
elsewhere in these regulations to extend beyond the height of the building. Home
occupation uses are conditionally allowed in all residential categories.

          Residential Low Density: Single-family detached units at a density up to 8.0
             units per acre.
          Residential Medium Density: Single-family units up to 8.0 units per acre and
             duplex units up to 17.0 units per acre.
          Residential High Density: In addition to the above housing types and
             densities, multifamily units up to 32 units per acreFloor area ratios will be
             incorporated.
          Business: A range of zoning districts from a) the residential-office district with
             nonresidential uses limited to offices, institutions and community facilities
             to b) arterial highway districts with automotive and entertainment uses at
             an intensity whereby the maximum Impervious Surface Area is eighty

                                             16
   percent (80%) and the maximum Building Height is fifteen (15) stories and
   maximum building height of one hundred fifty (150) feet.
Industrial: Intensive business uses such as construction companies and
   wholesale/warehouse uses plus selected light industrial uses as well as
   retail and office at an intensity whereby the maximum Impervious Surface
   Area is eighty five percent (85%) and the maximum Building Height is four
   (4) stories and maximum building height of forty five (45) feet.
Public and Quasi Public: This is a full range of public schools, private schools,
   churches, public utility installations, hospitals, etc., at an intensity whereby
   the maximum Impervious Surface Area is seventy five percent (75%) and
   the maximum Building Height is three (3) four (4) stories and maximum
   building height of thirty five (35) forty five (45) feet.
Recreation and Open Space: This category includes primarily City and
   County parks plus large cemeteries.
Mixed Use: Business and/or Residential use. The purpose of this land use
   designation is to promote the development of sustainable projects by
   providing maximum opportunity for innovative site planning for living,
   shopping, and working environments while insuring that development will
   occur according to appropriate population density, building coverage,
   improvement standards, and construction phasing. Approval of a
   comprehensive site development plan is required. The types of land uses
   allowed include: residential uses, business and office uses, public
   buildings, and recreation/open space uses. The maximum height and
   density in the Mixed-Use land use designation is eighteen (18) stories and
   maximum building height of two hundred ten (210) feet (including each
   parking level under a building as a story) and thirty-two (32) units per
   gross acre, respectively. Zoning categories applicable under the Mixed
   Use Category are limited to RM-32, B-1, B-2, B-3, FCC Fulford City
   Center (Mixed Use) Zoning District and Planned Unit Development (PUD).

   The following requirements shall apply to developments with a future land
   use designation of Mixed Use and a zoning of PUD:
   1.     Planned Residential Projects shall have a minimum of at least two
   (2) habitable stories, and shall include a minimum of five (5) percent of the
   total project land area as recreation/open space use. Supplemental
   nonresidential uses may also be permitted when complementary or an
   enhancement to and compatible with the orderly operation of the
   residential project, provided that all such uses, with the exception of pre-
   existing water bodies used as a marina, shall not have a gross floor area
   that exceeds the equivalent of twenty (20) percent of the total project land
   area.
   2.     The proportion of the mixed-uses for each individual Residential
   PUD Project shall be determined as follows:
   (a)        Retail uses are encouraged on the ground floor.
   (b)        Office uses are discouraged from the ground floor.



                                  17
(c)         Residential use on all floors above the second level is strongly
encouraged.
(d)         The land development regulations shall set forth compatibility
criteria for permitting residential uses on the ground floor of buildings.
3.      Planned Business or Office Centers shall include a minimum of five
(5) percent of the total project land area as recreation/open space use.
Supplemental residential uses may also be permitted when
complementary or an enhancement to and compatible with the orderly
development of the planned project; provided that all such residential uses
shall not exceed a gross density in excess of thirty-two (32) units per
gross acre.
4.      Each individual Mixed-Use Project shall assist the City in
addressing the following goals to the extent they are applicable and
reasonably feasible:
(i)         Create and/or enhance community-benefiting assets. These
community benefiting assets can include: parks, cultural institutions,
public art, open space, gazebos, fountains, plazas, seating areas,
colonnades, and shaded landscaped areas, or similar.
(j)         Address needs for affordable housing by providing various
housing types and price ranges or contributing to an affordable housing
fund.
(k)         Foster walkability by interconnecting to the network of
pedestrian friendly streets, by creating a network of sidewalks within their
property, and by creating or enhancing community-benefiting assets within
their development.
(l)         Promote distinctive, attractive PUD projects with a strong sense
of place through its unique architecture, site planning, walkability,
connection to a variety of transportation choices, enhancement of
neighborhood identity, and its choice of landscape materials, or similar.
(m)         Assist the City in accomplishing its park and open space goals
by contributing impact fees, creating rooftop gardens, creating recreation,
park and open space opportunities.
(n)         Create quality of place through building and supporting the local
economy, through nurturing and defining neighborhood identity, fostering
frequent and meaningful contact, creating improved accessibility,
promoting a sense of comfort, and drawing a diverse population.
(o)         Assist in providing a variety of transportation choices by
providing bicycle amenities, by accommodating various modes of transit
shelter, stops, and stations, by assisting in making roadways on-site and
off-site pedestrian friendly, aesthetically pleasing, and bicycle friendly, and
through its use of transit oriented design.
5. 4. Where a proposed mixed-use project is adjacent to residential
property located within the City of North Miami Beach of low or medium
density (as defined in the Future Land Use Element Policy 1.8.1 of this
Comprehensive Plan) zoning or development having lower density than
the proposed mixed-use project (“Adjacent Lower Density Property”):

                               18
(a)          There shall be created a fifty (50) foot wide landscaped buffer
within the proposed mixed-use project property (“Mixed Use Property”)
along the property line, between the Mixed Use Property and the Adjacent
Lower Density Property. The landscaped buffer shall not contain any
structures, driveways, or roads, except sidewalks, bike paths, transit
shelters or similar. If there is a canal, waterway, or park between the
Adjacent Lower Density Property and the Mixed Use Property, then the
fifty (50) foot wide landscaped buffer shall not be required; and
(b)          There shall be a Transitional Area adjacent to the Adjacent
Lower Density Property. The Transitional Area shall include the fifty (50)
foot wide landscaped buffer where applicable, and shall comprise thirty
(30) percent of the Mixed Use Property in depth (extending into the Mixed
Use Property from the side of said property facing the Adjacent Lower
Density Property). The Transitional Area shall extend for the length of the
portion of the Mixed Use Property that lies adjacent to and directly faces
the Adjacent Lower Density Property. The Transitional Area shall be no
less than two hundred (200) feet in depth, nor more than three hundred
(300) feet in depth. Any road, canal, waterway, park or alley between the
Adjacent Lower Density Property and the Mixed Use Property, or within
the Transitional Area of the Mixed Use Property, shall be counted toward
the depth necessary to comply with this section.

The Transitional Area shall be developed to no greater intensity than the
following:
    1. No part of the Transitional Area shall exceed the zoning density or
       actual development density, whichever is greater, of the
       immediately adjacent Lower Density Property; and
    2. No part of the Transitional Area shall be developed to site
       development standards of minimum lot area, minimum yard
       setbacks, maximum building height, minimum floor area, maximum
       lot coverage and minimum pervious lot area less restrictive than
       those standards contained in the zoning or actual development of
       the immediately adjacent Lower Density Property, whichever is
       least restrictive; or
    3. All or part of the Transitional Area may be developed as
       landscaped open space and/or recreational uses.

The following requirements shall apply to developments with a future land
use designation of Mixed Use and a zoning of B-1:
In the B-1 Zoning District, the intensity of the development shall be
determined by the maximum impervious surface area of eighty (80)
percent, the maximum building height of two (2) stories and maximum
building height of thirty (30) feet and the maximum density of thirty-two
(32) dwelling units per gross acre, except in Hurricane Vulnerability Zones,
where the allowed density shall not increase over the currently allowed



                             19
   density. Residential Use in the B-1 Zoning District shall be limited to no
   more than seventy (70) percent of the gross floor area of the development.

   The following requirements shall apply to developments with a future land
   use designation of Mixed Use and a zoning of RM-32, B-2 or B-3:
   In the RM-32, B-2 and B-3 Zoning Districts, the intensity of the
   development shall be determined by the maximum impervious surface
   area of eighty (80) percent, the maximum building height of fifteen (15)
   stories and maximum building height of one-hundred and fifty (150) feet
   and the maximum density of thirty-two (32) dwelling units per gross acre,
   except in Hurricane Vulnerability Zones, where the allowed density shall
   not increase over the currently allowed density. Commercial use in the
   RM-32 Zoning District shall be limited to no more than the first two (2)
   stories. Residential Use in the B-2 and B-3 Zoning Districts shall be
   limited to no more than seventy (70) percent of the gross floor area of the
   development. (Amended by Ordinance NO. 2006-14, 10/03/06)

MU/18-75, Mixed Use Residential.
  The purpose of this land use designation is to promote the development of
  sustainable projects by providing maximum opportunity for innovative site
  planning for living, shopping, and working environments while insuring that
  development will occur according to appropriate population density,
  building coverage, improvement standards, and construction phasing.
  Approval of a comprehensive site development plan is required. The
  maximum height and density in the MU/18-75, Mixed Use Residential land
  use designation is eighteen (18) stories and maximum building height of
  two hundred ten (210) feet, (including each parking level under a building
  as a story) and seventy-five (75) units per gross acre, respectively. A
  minimum of two (2) habitable stories are required. Zoning categories
  applicable under the MU/18-75, Mixed Use Residential Category are
  limited to Planned Unit Development (PUD).
  Where a proposed mixed-use project is adjacent to residential property
  located within the City of North Miami Beach of low or medium density (as
  defined in the Future Land Use Element Policy 1.8.1 of this
  Comprehensive Plan) zoning or development having lower density than
  the proposed mixed-use project (“Adjacent Lower Density Property”):
  (a) There shall be created a fifty (50) foot wide landscaped buffer within
      the proposed mixed-use project property (“Mixed Use Property”) along
      the property line, between the Mixed Use Property and the Adjacent
      Lower Density Property. The landscaped buffer shall not contain any
      structures, driveways, or roads, except sidewalks, bike paths, transit
      shelters or similar. If there is a canal, waterway, or park between the
      Adjacent Lower Density Property and the Mixed Use Property, then the
      fifty (50) foot wide landscaped buffer shall not be required; and
  (b)        There shall be a Transitional Area adjacent to the Adjacent Lower
      Density Property. The Transitional Area shall include the fifty (50) foot

                                 20
   wide landscaped buffer where applicable, and shall comprise thirty (30)
   percent of the Mixed Use Property in depth (extending into the Mixed
   Use Property from the side of said property facing the Adjacent Lower
   Density Property). The Transitional Area shall extend for the length of
   the portion of the Mixed Use Property that lies adjacent to and directly
   faces the Adjacent Lower Density Property. The Transitional Area
   shall be no less than two hundred (200) feet in depth, nor more than
   three hundred (300) feet in depth. Any road, canal, waterway, park or
   alley between the Adjacent Lower Density Property and the Mixed Use
   Property, or within the Transitional Area of the Mixed Use Property,
   shall be counted toward the depth necessary to comply with this
   section.

The Transitional Area shall be developed to no greater intensity than the
following:
    1. No part of the Transitional Area shall exceed the zoning density or
       actual development density, whichever is greater, of the
       immediately adjacent Lower Density Property; and
    2. No part of the Transitional Area shall be developed to site
       development standards of minimum lot area, minimum yard
       setbacks, maximum building height, minimum floor area, maximum
       lot coverage and minimum pervious lot area less restrictive than
       those standards contained in the zoning or actual development of
       the immediately adjacent Lower Density Property, whichever is
       least restrictive; or
    3. All or part of the Transitional Area may be developed as
       landscaped open space and/or recreational uses.

MU/18-75, Mixed Use Residential Projects shall include a minimum of five
(5) percent of the total project land area as recreation/open space use.
Supplemental nonresidential uses may also be permitted when
complementary or an enhancement to and compatible with the orderly
operation of the residential project, provided that all such uses, shall not
have a gross floor area equivalent to more than fifty (50) percent of the
total project land area.
The proportion of the mixed-uses for each individual MU/18-75, Mixed Use
Residential Project shall be determined as follows:
    1. Retail uses are encouraged on the ground floor.
    2. Office uses are discouraged from the ground floor.
    3. Residential use on all floors above the second level is strongly
        encouraged.
    4. The land development regulations shall set forth compatibility
        criteria for permitting residential uses on the ground floor of
        buildings.




                             21
Each individual MU/18-75, Mixed Use Residential Project shall assist the City
in addressing the following goals to the extent they are applicable and
reasonably feasible:
       1. Create and/or enhance community-benefiting assets.                These
          community benefiting assets can include:                parks, cultural
          institutions, public art, open space, gazebos, fountains, plazas,
          seating areas, colonnades, and shaded landscaped areas, or
          similar.
       2. Address needs for affordable housing by providing various housing
          types and price ranges or contributing to an affordable housing
          fund.
       3. Foster walkability by interconnecting to the network of pedestrian
          friendly streets, by creating a network of sidewalks within their
          property, and by creating or enhancing community-benefiting
          assets within their development.
       4. Promote distinctive, attractive PUD projects with a strong sense of
          place through its unique architecture, site planning, walkability,
          connection to a variety of transportation choices, enhancement of
          neighborhood identity, and its choice of landscape materials, or
          similar.
       5. Assist the City in accomplishing its park and open space goals by
          contributing impact fees, creating rooftop gardens, creating
          recreation, park and open space opportunities.
       6. Create quality of place through building and supporting the local
          economy, through nurturing and defining neighborhood identity,
          fostering frequent and meaningful contact, creating improved
          accessibility, promoting a sense of comfort, and drawing a diverse
          population.
       7. Assist in providing a variety of transportation choices by providing
          bicycle amenities, by accommodating various modes of transit
          shelter, stops, and stations, by assisting in making roadways on-
          site and off-site pedestrian friendly, aesthetically pleasing, and
          bicycle friendly, and through its use of transit oriented design.
          (Amended by Ordinance NO. 2006-14, 10/03/06)
MU/12-40, Mixed Use Residential.
   The purpose of this land use designation is to promote the development of
   sustainable projects by providing maximum opportunity for innovative site
   planning for living, shopping, and working environments while insuring that
   development will occur according to appropriate population density,
   building coverage, improvement standards, and construction phasing.
   Approval of a comprehensive site development plan is required. The
   maximum height and density in the MU/12-40, Mixed Use Residential land
   use designation is twelve (12) stories and maximum building height of one
   hundred sixty (160) feet (including each parking level under a building as a
   story) and forty (40) units per gross acre respectively. A minimum of two
   (2) habitable stories are required. Zoning categories applicable under the

                                  22
    MU/12-40, Mixed Use Residential Category are limited to Planned Unit
    Development (PUD).
    Where a proposed mixed-use project is adjacent to residential property
    located within the City of North Miami Beach of low or medium density (as
    defined in the Future Land Use Element Policy 1.8.1 of this
    Comprehensive Plan) zoning or development having lower density than
    the proposed mixed-use project (“Adjacent Lower Density Property”):
         (a) There shall be created a fifty (50) foot wide landscaped buffer
               within the proposed mixed-use project property (“Mixed Use
               Property”) along the property line, between the Mixed Use
               Property and the Adjacent Lower Density Property. The
               landscaped buffer shall not contain any structures, driveways, or
               roads, except sidewalks, bike paths, transit shelters or similar.
               If there is a canal, waterway, or park between the Adjacent
               Lower Density Property and the Mixed Use Property, then the
               fifty (50) foot wide landscaped buffer shall not be required; and
         (b) There shall be a Transitional Area adjacent to the Adjacent
               Lower Density Property. The Transitional Area shall include the
               fifty (50) foot wide landscaped buffer where applicable, and shall
               comprise thirty (30) percent of the Mixed Use Property in depth
               (extending into the Mixed Use Property from the side of said
               property facing the Adjacent Lower Density Property). The
               Transitional Area shall extend for the length of the portion of the
               Mixed Use Property that lies adjacent to and directly faces the
               Adjacent Lower Density Property. The Transitional Area shall
               be no less than two hundred (200) feet in depth, nor more than
               three hundred (300) feet in depth. Any road, canal, waterway,
               park or alley between the Adjacent Lower Density Property and
               the Mixed Use Property, or within the Transitional Area of the
               Mixed Use Property, shall be counted toward the depth
               necessary to comply with this section.
The Transitional Area shall be developed to no greater intensity than the
following:
      1. No part of the Transitional Area shall exceed the zoning density or
           actual development density, whichever is greater, of the
           immediately adjacent Lower Density Property; and
      2. No part of the Transitional Area shall be developed to site
           development standards of minimum lot area, minimum yard
           setbacks, maximum building height, minimum floor area, maximum
           lot coverage and minimum pervious lot area less restrictive than
           those standards contained in the zoning or actual development of
           the immediately adjacent Lower Density Property, whichever is
           least restrictive; or
      3. All or part of the Transitional Area may be developed as
           landscaped open space and/or recreational uses.



                                  23
MU/12-40, Mixed Use Residential Projects shall include a minimum of five (5)
percent of the total project property area as recreation/open space use.
Supplemental nonresidential uses may also be permitted when
complementary or an enhancement to and compatible with the orderly
operation of the residential project, provided that all such uses, shall not have
a gross floor area equivalent to more than fifty (50) percent of the total project
property area.
The proportion of the mixed-uses for each individual MU/12-40, Mixed Use
Residential Project shall be determined as follows:
     1.    Retail uses are encouraged on the ground floor.
     2.    Office uses are discouraged from the ground floor.
     3.    Residential use on all floors above the second level is strongly
           encouraged.
     4.    The land development regulations shall set forth compatibility
           criteria for permitting residential uses on the ground floor of
           buildings.

Each individual MU/12-40, Mixed Use Residential Project shall assist the City
in addressing the following goals to the extent they are applicable and
reasonably feasible:
    1. Create and/or enhance community-benefiting assets.              These
       community benefiting assets can include: parks, cultural institutions,
       public art, open space, gazebos, fountains, plazas, seating areas,
       colonnades, and shaded landscaped areas, or similar.
    2. Address needs for affordable housing by providing various housing
       types and price ranges or contributing to an affordable housing fund.
    3. Foster walkability by interconnecting to the network of pedestrian
       friendly streets, by creating a network of sidewalks within their
       property, and by creating or enhancing community-benefiting assets
       within their development.
    4. Promote distinctive, attractive PUD projects with a strong sense of
       place through its unique architecture, site planning, walkability,
       connection to a variety of transportation choices, enhancement of
       neighborhood identity, and its choice of landscape materials, or
       similar.
    5. Assist the City in accomplishing its park and open space goals by
       contributing impact fees, creating rooftop gardens, creating
       recreation, park and open space opportunities.
    6. Create quality of place through building and supporting the local
       economy, through nurturing and defining neighborhood identity,
       fostering frequent and meaningful contact, creating improved
       accessibility, promoting a sense of comfort, and drawing a diverse
       population.
    7. Assist in providing a variety of transportation choices by providing
       bicycle amenities, by accommodating various modes of transit
       shelter, stops, and stations, by assisting in making roadways on-site

                                  24
        and off-site pedestrian friendly, aesthetically pleasing, and bicycle
        friendly, and through its use of transit oriented design.
         (Amended by Ordinance NO. 2006-14, 10/03/06)

MU/BO, Mixed Use Business or Office Center.
The purpose of this land use designation is to promote the development of
sustainable projects by providing maximum opportunity for innovative site
planning for living, shopping, and working environments while insuring that
development will occur according to appropriate population density, building
coverage, improvement standards, and construction phasing. Approval of a
comprehensive site development plan is required. The maximum height and
density in the MU/BO, Mixed Use Business or Office Center land use
designation is fifteen (15) stories and maximum building height of one
hundred eighty (180) feet (including each parking level under a building as a
story) thirty-two (32) units per gross acre. Zoning categories applicable under
the MU/BO, Mixed Use Business or Office Center Category are limited to
Planned Unit Development (PUD).
MU/BO, Planned Business or Office Center PUD Projects shall include a
minimum of five (5) percent of the total project property area as
recreation/open space use. Supplemental residential uses may also be
permitted when complementary or an enhancement to and compatible with
the orderly development of the planned project; provided that all such
residential uses shall not exceed a gross density in excess of thirty-two (32)
units per gross acre, respectively. A minimum of two (2) inhabitable stories
are required.
The proportion of the mixed-uses for each individual MU/BO, Mixed Use
Business or Office Center PUD shall be determined as follows:
       1. Retail uses are encouraged on the ground floor.
       2. Office uses are discouraged from the ground floor.
       3. Residential use on all floors above the second level is strongly
            encouraged.
       4. The land development regulations shall set forth compatibility
            criteria for permitting residential uses on the ground floor of
            buildings.

Each individual MU/BO, Mixed Use Business or Office Center PUD Project
shall assist the City in addressing the following goals to the extent they are
applicable and reasonably feasible:
       1. Create and/or enhance community-benefiting assets.            These
           community benefiting assets can include:            parks, cultural
           institutions, public art, open space, gazebos, fountains, plazas,
           seating areas, colonnades, and shaded landscaped areas, or
           similar.
       2. Address needs for affordable housing by providing various housing
           types and price ranges or contributing to an affordable housing
           fund.

                                 25
      3. Foster walkability by interconnecting to the network of pedestrian
         friendly streets, by creating a network of sidewalks within their
         property, and by creating or enhancing community-benefiting
         assets within their development.
      4. Promote distinctive, attractive PUD projects with a strong sense of
         place through its unique architecture, site planning, walkability,
         connection to a variety of transportation choices, enhancement of
         neighborhood identity, and its choice of landscape materials, or
         similar.
      5. Assist the City in accomplishing its park and open space goals by
         contributing impact fees, creating rooftop gardens, creating
         recreation, park and open space opportunities.
      6. Create quality of place through building and supporting the local
         economy, through nurturing and defining neighborhood identity,
         fostering frequent and meaningful contact, creating improved
         accessibility, promoting a sense of comfort, and drawing a diverse
         population.
      7. Assist in providing a variety of transportation choices by providing
         bicycle amenities, by accommodating various modes of transit
         shelter, stops, and stations, by assisting in making roadways on-
         site and off-site pedestrian friendly, aesthetically pleasing, and
         bicycle friendly, and through its use of transit oriented design.
      (Amended by Ordinance NO. 2006-14, 10/03/06)

MU/TC, Mixed Use Town Center.
  The purpose of this land use designation is to promote the development of
  sustainable projects by providing maximum opportunity for innovative site
  planning for living, shopping, and working environments while insuring that
  development will occur according to appropriate population density, building
  coverage, improvement standards, and construction phasing. Approval of a
  comprehensive site development plan is required. The maximum height and
  density in the MU/TC, Mixed Use Town Center land use designation is fifteen
  (15) stories and maximum building height of one-hundred fifty (150) feet
  (including each parking level under a building as a story) and seventy-five (75)
  units per gross acre, respectively. The maximum impervious surface area in the
  MU/TC, Mixed Use Town Center land use designation is ninety (90) percent.
  Zoning categories applicable under the MU/TC, Mixed Use Town Center
  Category are limited to FCC Fulford City Center (Mixed Use) Zoning District.
  Land within the Hurricane Vulnerability Zone is not eligible for FCC Zoning.

   In the FCC Fulford City Center (Mixed Use) Zoning District the mixed use pattern
   shall be determined on a parcel-by-parcel basis. The proportion of the mixed-
   uses for each individual parcel shall be determined as follows:

         1.     On primary streets, the ground floor of all buildings shall be limited
                to retail uses or uses that have a principal retail component.

                                26
                     2.     Commercial uses may be allowed on second floors. Office uses are
                            prohibited from the ground floor, but permitted on the second floor,
                            unless there is a principal retail component of the office business.
                     3.     Residential use on all floors above the second level is strongly
                            encouraged.
                     4.     Residential uses may be permitted on the ground floor of buildings
                            facing secondary streets.
                     5.     Residential use if provided must be no less than ten (10) units per
                            gross acre. (Amended by Ordinance NO. 2006-14, 10/03/06)

          Open water and transportation corridors: This category includes those areas
          consisting of open water lakes and canals as well as transportation corridors which
          are otherwise undesignated on the future land use map. (Amended by Ordinance
          NO. 2006-14, 10/03/06)

Reasons for amendment:

1.) Improve readability by consolidating goals into a single policy rather than
repeating for each mixed-use district.


47.     Renumber Policy 1.8.2 as follows:
Policy 1.8.2 1.8.3
Comprehensive Plan changes or amendments to text (“Text Changes”) which would
increase the height and/or density for any land or of any existing future land use
category or which would create one or more new future land use categories that would
exceed the density and/or height of the existing future land use categories, may be
approved only one time every two years unless necessary for resolution of conflicts
resulting from annexations. Written notice of Text Changes or map changes which
would increase the height and/or density for any land (“Map Change Increases”) shall
be provided to individuals and groups which register with the City Clerk. The applicant
shall bear the cost of providing written notice. This written notice shall be provided
within fifteen (15) days after the filing of any application seeking Text Change or Map
Change Increase. A further notice pursuant to this policy shall be provided not less than
ninety (90) nor more than one hundred twenty (120) days prior to the first hearing of the
Local Planning Agency (LPA) pertaining to a Text Change or Map Change Increase and
not more than forty-five (45) days nor less than thirty (30) days prior to final City Council
action upon such a proposed change or amendment. No final City Council action shall
take place less than nine (9) months from the filing of an application for a Text Change
or Map Change Increase. This policy shall apply to applications of the City as well as to
all other applications for change or amendment described in this policy. (Amended by
Ordinance NO. 2006-14, 10/03/06)

Reasons for amendment:

1.) Correct numbering.

                                             27
48.    Renumber Policy 1.8.3 as follows:
Policy 1.8.3 1.8.4
Continue to enforce the Land Development Regulations’ provisions relative to
subdivision control, sign controls and flood plain protection to assure they are
compatible with the intent of this plan. (Amended by Ordinance NO. 2006-14, 10/03/06)

Reasons for amendment:

1.) Correct numbering.


49.    Add a new Policy 1.8.4 as follows:
Policy 1.8.4
By 2015 the City will amend its land development regulations and/or will take other actions to
implement the 2007 Urban Design Plan.
l
50.    Add a new Policy 1.9.2 as follows:
Policy 1.9.2
The City shall implement land development regulations to accommodate, regulate, and
protect existing and future energy efficient electric power generation and transmission
systems, including right-of-way protection, allowing substations and transmission lines
in Future Land Use and zoning districts.

Reasons for amendment:

1.) To address State growth management requirements.


51.     Amend Objective 1.10 as follows:
Objective 1.10
Continue to use Neighborhood-Based Planning as the City-wide format for data
collection, land use analysis, capital improvement planning, assessment of
redevelopment needs, commercial and residential revitalization, and public discussion
of the City’s needs and goals.
The City shall maintain and continuously improve neighborhoods through effective code
enforcement, neighborhood based planning for capital improvements, community
outreach and implementation of neighborhood beautification programs.
Measures: By June 2015, develop neighborhood plans with input from all departments
for all neighborhoods.

Reasons for amendment:

1.) In response to EAR Issue A., “Develop an Identity for the City”.



                                          28
2.) In response to EAR Issue B., “Facilitate and Manage Redevelopment”.

3.) Update.


52.    Amend Policy 1.10.1 as follows:
Policy 1.10.1
By 1999, standardize Continue to organize to the fullest extent feasible the operations
of City-wide neighborhood-based functions in accordance with the Neighborhood Map
(Map 1.7, Volume Four).

Reasons for amendment:

1.) Update


53.   Amend Policy 1.10.3 as follows:
Policy 1.10.3
Based on 1990 Census data, design a work plan and methodology for Continue
neighborhood data collection and analysis to be updated upon the receipt of 20010
Census data, including demographic data, property data, and geographic information
system based maps which display such information.

Reasons for amendment:

1.) Update


54.   Add a new Policy 1.10.5 as follows:
Policy 1.10.5
The City should encourage equal access to its residents and encourage participation in
community activities from all neighborhoods to ensure that all residents are well
represented in affairs affecting the City.

Reasons for amendment:

1.) Reflect public participation goals in accordance with State planning
requirements.


55.   Add a new Policy 1.10.6 as follows:
Policy 1.10.6
The City should strengthen its neighborhoods by supporting community policing and
community watch organizations to reduce opportunities for criminal activity.

Reasons for amendment:

                                          29
1.) In response to EAR Issue A., “Develop an Identity for the City”.

2.) In response to EAR Issue B., “Facilitate and Manage Redevelopment”.


56.   Add a new Policy 1.10.7 as follows:
Policy 1.10.7
The City should utilize neighborhood design standards as adopted in the City Code of
Ordinances and Zoning and Land Development Code to enhance neighborhood
preservation and enhance conditions.


Reasons for amendment:

1.) In response to EAR Issue A., “Develop an Identity for the City”.

2.) In response to EAR Issue B., “Facilitate and Manage Redevelopment”.


57.   Add a new Policy 1.10.8 as follows:
Policy 1.10.8
The City should develop neighborhood entry signs and street location signs in
conjunction with urban design guideline efforts that may be conducted.

Reasons for amendment:

1.) In response to EAR Issue A., “Develop an Identity for the City”.

2.) In response to EAR Issue B., “Facilitate and Manage Redevelopment”.


58.     Amend Objective 1.11 as follows:
Objective 1.11
To address the current school siting needs and to coordinate with other governmental
entities to discuss projected student membership and site size deficiencies.
To assist the Miami-Dade County School Board and college level education developers
in providing high-quality elementary, secondary and college level education facilities
and resources necessary to meet the future needs of North Miami Beach’s youth and
adult population.
Measures: This objective shall be measured by progress in implementing its policies.

Reasons for amendment:

1.) In response to EAR Issue D., Improve Intergovernmental Coordination
Reasons for amendment:

                                         30
2.) To address State growth management requirements


59.     Amend Policy 1.11.1 as follows:
Policy 1.11.1
By December 31, 2000, tThe City shall continue to coordinate with Miami-Dade County
Public School Board, Miami-Dade County, other municipalities of Northeast Miami-Dade
County, and the South Florida Regional Planning Council in order to develop alternative
solutions to the projected public school siting needs included in the data and analysis.
These alternative solutions should include: utilization of existing vacant sites,;
encouraging collocation of schools with other public facilities, such as parks, libraries,
and community centers, when feasible and mutually acceptable to both government
entities,; the use of vacant office space, and; the addition of 2nd stories to existing
schools, as well as and; other alternative solutions.
(Amended by Ordinance NO. 99-7, 10/19/99)

Reasons for amendment:

1.) In response to EAR Issue D., Improve Intergovernmental Coordination

2.) To address State growth management requirements

3.) Update


60.    Add a new Policy 1.11.2 as follows:
Policy 1.11.2
As provided for in the Interlocal Agreement between North Miami Beach and the Miami-
Dade County School Board, the City will work with the School Board to plan future
public school sites in the City and ensure adequate lands are available, proximate to
neighborhoods, to accommodate the present and future student population of the City.

Reasons for amendment:

1.) In response to EAR Issue D., Improve Intergovernmental Coordination

2.) To address State growth management requirements


61.   Add a new Policy 1.11.3 as follows:
Policy 1.11.3
Consistent with the provisions of the Interlocal Agreement between the City and the
School Board, the City will consider the individual and cumulative impacts of land use
plan amendments and rezoning applications that increase residential density on existing
and planned public elementary and secondary schools, and solicit input from the Miami-

                                           31
Dade County School Board on local school impacts prior to the hearings for subject
amendments or applications.

Reasons for amendment:

1.) In response to EAR Issue D., Improve Intergovernmental Coordination

2.) To address State growth management requirements


62.   Add a new Policy 1.11.4 as follows:
Policy 1.11.4
The City will provide an expedited development review process for all proposed public
schools within North Miami Beach.

Reasons for amendment:

1.) In response to EAR Issue D., Improve Intergovernmental Coordination

2.) To address State growth management requirements


63.     Add a new Policy 1.11.5 as follows:
Policy 1.11.5
As part of the Interlocal Agreement between the City and the School Board, the City
shall establish a joint process for collaborative planning and decision making on
population projections and public school siting to accomplish coordination between the
City’s adopted Comprehensive Plan and the long range plans of the School Board.

Reasons for amendment:

1.) In response to EAR Issue D., Improve Intergovernmental Coordination

2.) To address State growth management requirements


64.    Add a new Policy 1.11.6 as follows:
Policy 1.11.6
The City will encourage universities, colleges and non-profit education providers to
establish college-level and adult education facilities in North Miami Beach, while
continuing to regulate the development of such facilities through the land development
regulations and permitting processes.

Reasons for amendment:

1.) In response to EAR Issue D., Improve Intergovernmental Coordination

                                         32
2.) To address State growth management requirements


65.    Add a new Policy 1.11.7 as follows:
Policy 1.11.7
The City shall encourage local charter school developers to establish high-quality
elementary and secondary education facilities in North Miami Beach, while continuing to
regulate the development of such facilities through the land development regulations
and permitting processes.

Reasons for amendment:

1.) In response to EAR Issue D., Improve Intergovernmental Coordination

2.) To address State growth management requirements


66.    Add a new Policy 1.11.8 as follows:
Policy 1.11.8
The City shall encourage the creation of educational campus development plan for
Nova Southeastern University and to the extent feasible ensure that plans are
consistent with urban design guidelines and uses as outlined in the Future Land Use
Map.

Reasons for amendment:

1.) In response to EAR Issue D., Improve Intergovernmental Coordination

2.) To address State growth management requirements

67.   Add a new Policy 1.11.9 as follows:
Policy 1.11.9
The City shall consider the individual and cumulative impacts of land use plan
amendments on existing and planned public education facilities.

Reasons for amendment:

1.) In response to EAR Issue A., “Develop an Identity for the City”.

2.) In response to EAR Issue B., “Facilitate and Manage Redevelopment”.

3.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.

4.) To address State growth management requirements.



                                          33
68.     Add a new Policy 1.11.10 as follows:
Policy 1.11.10
The City shall include a nonvoting representative of the Miami-Dade School Board on
the Planning and Zoning Board to review comprehensive plan amendments that may
affect residential intensities and densities.

Reasons for amendment:

1.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.

2.) To address State growth management requirements.


69.   Delete Objective 1.12 as follows:
Objective 1.12
Coordinate the impacts of development and redevelopment on the hurricane evacuation
clearance time with the South Florida Regional Planning Council. (Amended by
Ordinance NO. 2006-14, 10/03/06)

Reasons for amendment:

1.) Addressed under Objective 5.

70.    Delete Policy 1.12.1 as follows:
Policy 1.12.1
The City will initiate coordination with the South Florida Regional Planning Council
(SFRPC) within six months of the completion of the SFRPC hurricane evacuation model
update, in order to evaluate the affect of Policy 1.8.1, as adopted in September, 2006,
may have on hurricane evacuation clearance times for the coastal zone area. The City
will commit to mitigating the impact of Policy 1.8.1, as amended, to the extent that the
amendment would increase the allowable clearance times for various hurricane
intensities. (Amended by Ordinance NO. 2006-14, 10/03/06)


71.   Add a new Objective 1.12 as follows:
Objective 1.12
Provide for land use categories in the Future Land Use Element and Map that allow for
the continued redevelopment and development of housing at a variety of densities and
appropriate for the full range of incomes and lifestyles. Measure: This objective shall be
implemented by its policies to provide sufficient housing types, including affordable
housing.

Reasons for amendment:

1.) In response to EAR Issue B., “Facilitate and Manage Redevelopment”.

                                           34
2.) To address State growth management requirements.


72.    Add a new Policy 1.12.1 as follows:
Policy 1.12.1
The City should promote the mixing of income levels in neighborhoods by encouraging
the development of affordable housing in new and infill development projects that
include a residential component.

Reasons for amendment:

1.) In response to EAR Issue B., “Facilitate and Manage Redevelopment”.

2.) To address State growth management requirements.


73.    Add a new Policy 1.12.2 as follows:
Policy 1.12.2
The City should continue to monitor progress and participate with the South Florida
Regional Planning Council (SFRPC) in its development of a practical paradigm for
considering the ability of a development proposal to provide affordable housing, and
quantifiably treat affordable housing as infrastructure, to the extent that the cost of
affordable housing is factored into proposed developments that create a need for
affordable housing. The City shall consider implementing such a concept once
developed and refined by the SFRPC.

Reasons for amendment:

1.) In response to EAR Issue B., “Facilitate and Manage Redevelopment”.

2.) To address State growth management requirements.


74.    Add a new Policy 1.12.3 as follows:
Policy 1.12.3
The City should explore the development of an inclusionary housing program that
requires an affordable housing set-aside in mixed-use and large-scale market rate
housing developments by 2015.

Reasons for amendment:

1.) In response to EAR Issue B., “Facilitate and Manage Redevelopment”.

2.) To address State growth management requirements.



                                          35
75.    Add a new Policy 1.12.4 as follows:
Policy 1.12.4
By 2015, the City’s land development code shall be amended to encourage increased
use of mixed densities and housing product types within a development to increase the
diversity of housing choices.

Reasons for amendment:

1.) In response to EAR Issue B., “Facilitate and Manage Redevelopment”.

2.) To address State growth management requirements.


76.    Add a new Policy 1.12.5 as follows:
Policy 1.12.5
The City should encourage subsidized housing to be well-designed and compatible with
the surrounding housing.

Reasons for amendment:

1.) In response to EAR Issue B., “Facilitate and Manage Redevelopment”.

2.) To address State growth management requirements.


77.   Add a new Policy 1.12.6 as follows:
Policy 1.12.6
The City shall continue to evaluate its existing housing stock conditions, and encourage
the provision of housing that is affordable to and appropriate for households of all
income levels and needs.

Reasons for amendment:

1.) In response to EAR Issue B., “Facilitate and Manage Redevelopment”.

2.) To address State growth management requirements.


78.    Add a new Policy 1.12.7 as follows:
Policy 1.14.7
The City should periodically monitor the range of housing choices provided within its
boundaries, and adjust codes, incentives and/or subsidies as necessary to encourage a
variety of housing types and price ranges.

Reasons for amendment:

                                          36
1.) In response to EAR Issue B., “Facilitate and Manage Redevelopment”.

2.) To address State growth management requirements.


79.     Add a new Policy 1.12.8 as follows:
Policy 1.12.8
The City should ensure that its programs and the permitted uses and development
standards of the land development code adequately address the housing needs of the
it’s special needs populations.

Reasons for amendment:

1.) In response to EAR Issue B., “Facilitate and Manage Redevelopment”.

2.) To address State growth management requirements.


80.   Add a new Policy 1.12.9 as follows:
Policy 1.12.9
The City should evaluate alternative options for independent living for senior
populations, including home-based alternatives to nursing homes and amend the land
development code to include provisions for such as appropriate.

Reasons for amendment:

1.) To address State growth management requirements.


81.    Add a new Objective 1.13 as follows:
Objective 1.13
To encourage environmentally responsible development throughout the City and
implement green building requirements for development and redevelopment projects to
reduce energy usage, landfill waste and emissions, create a healthy indoor
environment, conserve building materials and resources, and promote water efficiency.
Measures: Adoption of minimum LEED design and construction standards, and/or any
nationally recognized green standards acceptable to the City, by December 2015.

Reasons for amendment:

1.) In response to EAR Issue B., “Facilitate and Manage Redevelopment”.

2.) To address State growth management requirements.




                                         37
82.   Add a new Policy 1.13.1 as follows:
Policy 1.13.1
By December 2015, the City should adopt minimum requirements in its land
development regulations for sustainable development by implementing nationally
recognized green standards acceptable to the City, and address all resource constraints
that may be applicable to its implementation.

Reasons for amendment:

1.) In response to EAR Issue A., “Develop an Identity for the City”.

2.) In response to EAR Issue B., “Facilitate and Manage Redevelopment”.

3.) To address State growth management requirements.


83.    Add a new Policy 1.13.2 as follows:
Policy 1.13.2
The City should consider the feasibility of providing tax incentives, reduced parking
requirements, density and height bonuses or expedited permitting for buildings
proposed to be built under adopted green standards.

Reasons for amendment:

1.) In response to EAR Issue A., “Develop an Identity for the City”.

2.) In response to EAR Issue B., “Facilitate and Manage Redevelopment”.

3.) To address State growth management requirements.


84.    Add a new Policy 1.13.3 as follows:
Policy 1.13.3
The City should encourage all newly developed public buildings to be designed and
constructed in accordance with adopted green standards, and all new City funded
projects to be certified in accordance with these standards.

Reasons for amendment:

1.) In response to EAR Issue B., “Facilitate and Manage Redevelopment”.

2.) To address State growth management requirements.


85.   Add a new Policy 1.13.4 as follows:
Policy 1.13.4

                                            38
The City should prepare an ordinance in coordination with the Community
Redevelopment Agency requiring all buildings in the redevelopment area to have green
standard certification, with an allowance for exceptions in cases of undue hardship, as
determined by the City Council and/or CRA Commissioners.

Reasons for amendment:

1.) In response to EAR Issue B., “Facilitate and Manage Redevelopment”.

2.) To address State growth management requirements.




                                          39
                             APPLICATION 2.
             CITY OF NORTH MIAMI BEACH COMPREHENSIVE PLAN
                  TRANSPORTATION ELEMENT AMENDMENTS

1.          Amend Policy 1.1.1 as follows:
Policy 1.1.1
Consistent with the Capital Improvements Element and Transportation Element of the
Miami-Dade Comprehensive Development Master Plan (CDMP), as amended, the City
designates its corporate boundaries as the Urban Development Boundary (UDB) and
the area within its corporate boundaries east of I-95 as the Urban Infill Area (UIA) and
transportation concurrency exception area. The City has amended its Future Land Use
Map to reflect these boundaries and has added a consistency policy to its Future Land
Use Element.

Reasons for amendment:

1.) In response to EAR Issue B., “Facilitate and Manage Redevelopment”.

2.) To provide consistency with Miami-Dade County CDMP’s designation of the
Urban Infill and Transportation Concurrency Exception Area.


2.           Amend Policy 1.1.2 as follows:
Policy 1.1.2
The City hereby adopts traffic circulation level of service standards based on peak
period conditions consistent with those standards established in the Miami-Dade CDMP
for arterials and collectors. Peak period means the average of the two highest
consecutive hours of traffic volume during a weekday.
1. Florida Intrastate Highway System (FIHS) – Inside the UDB, limited access State
highways shall operate at LOS DE or better. Where exclusive through lanes exist, such
as high occupancy vehicle (HOV) lanes, roadways may operate at LOS EF.
2. Arterials and Collectors – Within the UIA:

(a) Where no public mass transit service exists, roadways shall operate at or above
LOS E;
(b) Where mass transit service having headways of 20 minutes or less is provided
within ½ mile distance, roadways shall operate at no greater than 120 percent of their
capacity;




                                          40
(c) Roadways parallel to and within ½ mile distance of I-95/Tri-Rail, US 1, or any other
corridors where extraordinary transit service such as commuter rail or express bus
service exists, shall operate at no greater than 150 percent of their capacity.
3. Local Roads – Within the City limits, local roads shall operate at LOS CD.

Reasons for amendment:

1.) In response to EAR Issue B., “Facilitate and Manage Redevelopment”.


3.            Amend Policy 1.1.3 as follows:
Policy 1.1.3
No development shall be approved if the projected impacts of the development
(including redevelopment) would reduce service levels of any roadway on the traffic
circulation system below the standards in Policy 1.1.2, unless the development qualifies
for a transportation concurrency exception. In order to qualify for a transportation
concurrency exception, the development must be located within the Community
Redevelopment Area and designated Mixed-Use, MU/18-75 Mixed Use-Residential,
MU/15-40 Mixed Use-Residential, MU/BO Mixed Use Business or Office Center, or
MU/TC Mixed Use Town Center subject to FLUE Policy 1.8.1, and/or located within ¼
mile of either an MDTA transit center, or an MDTA or city circulator bus stop with
existing, or planned and funded, peak hour headway service of 20 minutes or less, or
express bus service, and shall comply with one of the following alternative
requirements:
a. the additional peak travel hour trips generated by the development do not exceed
one-quarter of one percent (0.25 percent) of the peak travel hour capacity of any SIS
facility, adjacent to the city, at the adopted LOS standard; or
 b. the development shall incorporate, on or off-site, a premium transit shelter; or the
development shall accommodate and provide for alternative modes of transportation or
transportation demand management, as follows, provided that the city shall determine
the acceptability of alternatives proposed for any given development. The city shall
amend its land development regulations no later than June 2007 to provide for detailed
implementation of this policy.
i. Incorporate secure bicycle storage.
ii. Ensure that a complete sidewalk network is available for pedestrian access no later
than issuance of a certificate of occupancy, such that the sidewalk network within ¼
mile in each direction within the city limits is complete.
iii. Enhance existing pedestrian and bicycle ways with shade cover.
iv. Provide convenient group transportation for residents or employees, as applicable,
through private van transportation, during peak travel hours, with commensurate
reduction in the number of on-site parking spaces consistent with Policy 1.2.7.
v. Coordinate an employee carpooling program, including the provision and
enforcement of reserved parking spaces for car poolers, with a




                                          41
commensurate reduction in the number of on-site parking spaces consistent with Policy
1.2.7. This program must be supplemented with a guaranteed ride home program.
vi. Provide a transit discount program to all residents or employees, as applicable.
vii. Provide for flexible work hours or telecommuting with a commensurate reduction in
the number of on-site parking spaces consistent with Policy 1.2.7.
viii. Innovative alternatives the City deems equally effective
All program-related strategies above shall be formalized by restrictive covenant running
with the land and in the form of a developer agreement, and shall be enforceable as
provided in the land development regulations and as otherwise provided by law.

Reasons for amendment:

1.) Update.


4.            Amend Policy 1.2.7 as follows:
Policy 1.2.7
The City, through the land development regulations, will continue to require all development
and redevelopment projects to provide a sufficient number of parking spaces for both
motorized and non-motorized vehicles. The City will periodically review the off-street parking
requirements and evaluate the adoption of parking reductions within the Fulford City Center
(designated Mixed-Use Town Center) mixed use areas for developments of sufficient intensity
to support transit, and where TDM strategies such as ridesharing, shuttle service, and
incentives for transit use are implemented consistent with Policy 1.1.3.

Reasons for amendment:

1.) In response to EAR Issue B., “Facilitate and Manage Redevelopment”.

5.          Amend Policy 1.2.8 as follows:
Policy 1.2.8
The City will review the Land Development Regulations applicable to the Fulford City
Center and NMBB frontage parcels by December 2006, to determine the need for
additional or revised building and site development standards and guidelines, to ensure
that the design of new and redevelopment projects are conducive to pedestrian, bicycle
and transit use through its land development regulations and other appropriate
mechanisms. At a minimum these will address standards and guidelines regulating new
development and redevelopment projects will address development intensity and mix of
land uses, building and parking lot orientation, bicycle storage, connectivity of
pedestrian and bicycle infrastructure, and pedestrian amenities. Any necessary
revisions shall be adopted by June 2007. (Amended by Ordinance NO. 2006-14,
10/03/06)

Reasons for amendment:

1.) In response to EAR Issue B., “Facilitate and Manage Redevelopment”.

                                               42
2.) Update.


6.          Amend Policy 1.2.9 as follows:
Policy 1.2.9
The City will support the implementation of Transportation System Management (TSM)
and Transportation Demand Management (TDM) strategies that might be
recommended in order to mitigate transportation impacts associated with a
development or redevelopment project, or as the result of a traffic study in addition to
the capacity improvements identified in the 1998-99 “NW/NE 167th and NE 163rd Street
Corridor Study”. The City will submit a formal request to the MPO by December 31,
1999 to include in the Transportation Improvement Program (TIP) the study-
recommended improvements in front of the 163rd Street Mall. The City will submit a
formal request to the MPO by December 31, 2001 for inclusion of additional elements of
the study-recommended improvements in the TIP.

Reasons for amendment:

1.) In response to EAR Issue B., “Facilitate and Manage Redevelopment”.

2.) Update.


7.          Amend Policy 1.2.10 as follows:
Policy 1.2.10
The City will complete development plans for the NE 164th Street pedestrian and transit
enhancements by December 31, 2000 shall seek to limit greenhouse gas emissions
through the implementation of strategies to reduce the number of vehicle miles
travelled. These strategies may include but are not limited to the promotion of compact
mixed use development that provides for a mixture of residential and non-residential
land uses in a pedestrian friendly environment with multi-modal transportation
connectivity to other areas; promoting the use of alternate transportation modes as
specified herein, including mass transit, bicycles, and pedestrianism, and; requiring
Transportation Demand Management Programs as a condition for development
approvals.

Reasons for amendment:

1.) To address State growth management requirements.


8.           Delete Policy 1.2.11 as follows:
Policy 1.2.11
The City will amend the Land Development Regulations to create a parking and zoning
overlay district for NE 164th Street by December 2001.

                                          43
Reasons for amendment:

1.) Update.

9.            Add a new Policy 1. 2.12 as follows:

Policy 1.2.12
In the event that the proposed high speed rail line is constructed, the City should consider
encouraging the location of a station within its boundaries.

Reasons for amendment:

1.) Council member suggestion and to address EAR Issue A., “Develop an
Identity for the City”.

10.         Amend Policy 1.4.1 as follows:
Policy 1.4.1
The City will participate in the Miami-Dade MPO’s Transportation Development Plan
(TDP) by providing coordinate with the Miami-Dade Metropolitan Planning Organization
(MPO) on an ongoing basis to provide recommendations and support for transit
enhancements in North Miami Beach.
Reasons for amendment:

1.) Update.


11.         Amend Policy 1.4.2 as follows:
Policy 1.4.2
The City will continue to contract for the support the operation of the North Miami Beach
Circulator Bus Demonstration Project and circulator bus service, and will evaluate its
effectiveness annually based on performance criteria of daily boardings and cost per
boarding on an ongoing basis.

Reasons for amendment:

1.) Update.


12.         Amend Policy 1.4.3 as follows:
Policy 1.4.3
The City will develop and implement a Marketing Plan for the circulator bus service by
December 1999 continue to promote and market its circulator bus service through the
appropriate mechanisms.

Reasons for amendment:



                                             44
1.) Update.


13.         Amend Policy 1.4.6 as follows:
Policy 1.4.6
Long term strategies for the North Miami Beach circulator bus service include: express
service improved connectivity to the Golden Glades intermodal terminal, and other
transportation modes; shuttle improved service within the Mall South to commercial and
mixed-use districts and employment centers, and; acquisition of distinctive, alternatively
fueled vehicles such as trolleys.

Reasons for amendment:

1.) In response to EAR Issue B., “Facilitate and Manage Redevelopment”.

2.) Update.


14.          Amend Policy 1.4.7 as follows:
Policy 1.4.7
The City will implement a continually seek to fund and implement demonstration
projects to implement for one of the long-term strategies listed in Policy 1.4.6 by June
2001 for its circulator bus service.

Reasons for amendment:

1.) Update.


15.          Amend Policy 1.4.8 as follows:
Policy 1.4.8
The City will support and participate with Miami-Dade County in the implementation of
transit enhancements recommendations of in the S.R. 826 Corridor Study which
include, including: providing maps and schedules at bus stops; providing passenger
amenities for bus stops and shelters and adding bus stops and bus pull-out bays. The
City will post mini-bus route maps by July 2000.

Reasons for amendment:

1.) Update.




                                           45
16.   Delete Policy 1.4.10 as follows:
Policy 1.4.10
The concurrency management system shall not allow a development order to be issued for
development within a transit corridor, which will negatively affect the adopted Miami-Dade
County peak-hour mass transit level-of-service.

Reasons for amendment:

1.) In response to EAR Issue B., “Facilitate and Manage Redevelopment”.

2.) Consistency with other goals, objectives and policies.

17.         Amend Policy 1.5.1 as follows:
Policy 1.5.1
The City will, by June 2007, continue to identify capital needs to support pedestrian and
bicycle facility safety, convenience and connectivity completion improvements, and
maintain a capital improvement program to fully implement the program by 2020 these
improvements. The City will utilize the ongoing sidewalk and bikeway improvement
program to provide for safe pedestrian and bicycle travel on and off the roadways, and
will consider enacting a local impact fee for development that is exempt from
transportation concurrency, in order to help fund capital improvements within and
around the Fulford City Center to support pedestrian and bicycle infrastructure
improvements. (Amended by Ordinance NO. 2006-14, 10/03/06)

Reasons for amendment:

1.) Update.


18.         Amend Policy 1.5.3 as follows:
Policy 1.5.3
The City will seek to expand the existing Greenway Corridor and bicycle path by
constructing a 2.5-mile linear path along the north side of Snake Creek Canal from
Miami Gardens Drive to West Dixie Highway by December 2000 through the
implementation of appropriate improvements. (Ref. Map 2.6)

Reasons for amendment:

1.) Update.

2.) In response to EAR Issue C., “Provide Enhanced Recreation and Open Space
Facilities”.


19.           Amend Policy 1.5.4 as follows:


                                               46
Policy 1.5.4
The City will continue to implement improvements to the Greenway Corridor and
existing bike path and construct additional linear paths to establish connectivity with
various recreational areas within the City by December 2001. These ultimate
improvements will include the NE 183rd St./NE 10 Avenue/ NE 167 St./ Challenger
Park-Amphitheater/ Martin Luther King-Washington Park Loop and the Monastery/Oleta
State Park/ Biscayne Boulevard/ Highland Village Park Loop. (Ref. Map 2.6)

Reasons for amendment:

1.) In response to EAR Issue C., “Provide Enhanced Recreation and Open Space
Facilities”.


20.         Amend Policy 1.6.3 as follows:
Policy 1.6.3
The City will maintain the mixed use category in the Future Land Use Element to allow
maximum flexibility for redevelopment projects so as to reduce traffic impacts and
encourage transit usage. Development standards for mixed-use development will permit
the density and intensity needed to support transit in existing and planned transit
corridors. The City will evaluate the reduction of the minimum parcel size for mixed use
zoning by December 31, 2001. (Amended by Ordinance NO. 2006-14, 10/03/06)

Reasons for amendment:

1.) Update.


21.         Amend Policy 1.6.5 as follows:
Policy 1.6.5
The City supports the development of multimodal transit facilities along the Biscayne
Boulevard/U.S. 1 corridor, and will cooperate with Miami-Dade County for the
development of such facilities in alternative locations. The City will provide conditions
conducive to redevelopment of the area around these transit facilities that will enhance
and encourage transit usage. Within six months of notification from Miami-Dade County
of funding for a feasibility study for the corridor In support of these efforts, the City will
provide the County with requested information regarding existing and potential types,
densities and intensities of land use upon request. (Amended by Ordinance NO. 2006-
14, 10/03/06)

Reasons for amendment:

1.) Update.


22.           Delete Policy 1.7.3 as follows: (Also renumber Policy 1.7.4)

                                             47
Policy 1.7.3
The City will support the implementation of the recommended improvements as
described in the recently completed S.R. 826 Corridor Study.

Reasons for amendment:

1.) Update.

21.         Renumber and amend Policy 1.7.5 as follows: (Also renumber policies 1.7.6
– 1.7.9)
Policy 1.7.54
The City will continue the North Miami Beach circulator system demonstration project
funded by FDOT and Miami-Dade County and annually evaluate the potential of its
continued operation for serving City residents.
Reasons for amendment:

1.) Update.




                                         48
                              APPLICATION 3.
              CITY OF NORTH MIAMI BEACH COMPREHENSIVE PLAN
                       HOUSING ELEMENT AMENDMENTS

1.       Amend Objective 1.1 as follows:
Objective 1.1
Assist the private sector in providing a diversity of housing types, including "in-fill"
housing and redevelopment as appropriate, in order to achievinge new owner-occupied
and rental single family units and multi-family units, market conditions permitting. In-fill
housing is new housing on scattered vacant lots in neighborhoods which are largely
developed. Redevelopment means new units in existing residential areas. Measures:
Number of new housing units provided and resulting percentage of households in each
income group (See Table 3.13) (objective: 81 new housing units per year through 2005
with no change in the percentage of housing provided for each income category and no
change in existing density allowances – see Table 3.17b). In order to accommodate the
market as it responds to the increased demand for middle, low, and very low income
single-family housing units, the City shall investigate the possibility of identifying areas
where changes to future land use designations, density and intensity restrictions, land
development regulations, and urban design principles would be appropriate. The City
will facilitate potential redevelopment only if and when it can insure that population
growth affects the value of living and working in the City in a positive manner and is
assured that negative affects of such redevelopment are mitigated concurrently through
facility improvements.

Reasons for amendment:

1.) In response to EAR Issue B., “Facilitate and Manage Redevelopment”.

2.) To address State growth management requirements.


2.     Amend Policy 1.1.1 as follows:
Policy 1.1.1
Consider changes to the Future Land Use Plan and Zoning Map as described in the
Land Use Element of Volume Two to assure a continued pattern with a diversity of
housing types In order to accommodate the market as it responds to the increased
demand for a diversity of housing types, including middle, low, and very low income
single-family housing units, the City should investigate the possibility of identifying areas
where changes to future land use designations, density and intensity restrictions, land
development regulations, and urban design principles would be appropriate. In
accordance with the Coastal Management Element, density and intensity increases
shall not be considered in the Coastal High Hazard Area.

Reasons for amendment:


                                             49
1.) In response to EAR Issue B., “Facilitate and Manage Redevelopment”.

2.) To address State growth management requirements.


3.     Amend Objective 1.2 as follows:
Objective 1.2
By 1999, establish either a housing agency or another Continue to utilize the
appropriate mechanisms to address all housing issues, including redevelopment,
rehabilitation, the quality of housing, housing affordability, and increasing home
ownership City-wide. The housing agency should be mandated by a minimum housing
code, should operate under a board appointed by the City Council, and should authorize
inspectors to access properties to ensure adherence to the code.

Reasons for amendment:

1.) Update.


4.    Amend Policy 1.2.1as follows:
Policy 1.2.1

By October 1, 1997 formalize the City’s Housing Task Force and The City shall
continue to use it utilize the appropriate mechanisms for housing policy development as
well as coordination and implementation of the housing policies contained in this plan.

Reasons for amendment:

1.) Update.


5.     Delete Policy 1.2.2 as follows:
Policy 1.2.2
Establish a City-sponsored network of public and private sector housing professionals to
plan and coordinate the implementation of a housing plan in cooperation with the Task
Force.

Reasons for amendment:

1.) Update.


6.    Delete Policy 1.2.3 as follows:
Policy 1.2.3




                                          50
Conduct an analysis of out-migration from the City in order to determine what factors
influence residents’ decisions to search for housing in areas outside the City and
investigate how the City could mitigate any negative influences identified.


7.     Amend Objective 1.3 as follows:
Objective 1.3
By the year 2001, reduce the amount of The City shall seek to correct or eliminate all
substandard housing units in the City and maintain the number of substandard units at a
level comparable to 1980 levels its boundaries.

Reasons for amendment:

1.) Update.


8.    Amend Policy 1.3.2 as follows:
Policy 1.3.2
Continue to apply to Miami-Dade County or directly to the sState for Community
Development Block Grant (CDBG), HOME, or State Housing Initiatives Partnership
(SHIP) funds for housing rehabilitation loans and rental subsidies. Continue code
enforcement officer referrals to the appropriate County HUD agencies.

Reasons for amendment:

1.) Update.


9.    Amend Policy 1.3.4 as follows:
Policy 1.3.4
By 1998, investigate the potential for a time of sale Continue to implement inspection
and code enforcement programs to ensure housing quality and safety and consider
adoption of an ordinance implementing such a program.

Reasons for amendment:

1.) Update.


10.    Amend Policy 1.3.7 as follows:
Policy 1.3.7
By 1999 establish a Continue to enforce the minimum housing code standards for multi-
family rental units.

Reasons for amendment:



                                          51
1.) Update.


11.   Amend Policy 1.3.8 as follows:
Policy 1.3.8
Ensure that Continue to enforce minimum housing standards are strictly enforced via an
expanded Minimum Housing Inspection Program, pursuant to the City’s Minimum
Housing Standard Ordinance.

Reasons for amendment:

1.) Update.


12.    Delete Policy 1.3.9 as follows:
Policy 1.3.9
The City shall allocate funds in its operating budget, no later than 1998, to provide for at
least one full-time minimum housing enforcement officer.

Reasons for amendment:

1.) Update.


13.    Renumber Policy 1.3.10 as follows:
Policy 1.3.109
Continue to demolish dilapidated structures which are not suitable for rehabilitation.
Structures which pose a threat to the health, safety and welfare of the community are
considered dilapidated.

Reasons for amendment:

1.) Update.


14.     Amend Objective 1.4 as follows:
Objective 1.4
Pursue a mix of programs that can result in tThe City shall promote the provision of a
full range of housing types for additional to meet the existing and future needs of all
residents, including very low, low, and moderate, middle income, and special needs
households in proportions reflective of demand. proportionate to new residential units
constructed in the City and in ratios equal to those set forth in Table 3.13 of the Housing
Element, Volume Two. Objective: No reduction of the percentages identified in Table
3.13 for the three income levels identified. Measure: The percentage of housing units in
the City occupied by the three income level households identified herein



                                            52
Reasons for amendment:

1.) In response to EAR Issue B., “Facilitate and Manage Redevelopment”.

2.) To address State growth management requirements.


15.    Amend Policy 1.4.1 as follows:
Policy 1.4.1
The City shall formally request the County to utilize Federal housing assistance, bond
programs (County or State) and other methods of support efforts to bringing rental units
within the reach of low and moderate income households; these efforts shall be
concentrated on the, with a particular focus on infill lots and redevelopment areas west
of Biscayne Boulevard.

Reasons for amendment:

1.) In response to EAR Issue B., “Facilitate and Manage Redevelopment”.

2.) To address State growth management requirements.


16.   Delete Policy 1.4.2 as follows:
Policy 1.4.2
Preserve and enhance the Highland Village mobile home neighborhood in the short run
by accommodating minor improvements and routine maintenance .
See also Coastal Element.

Reasons for amendment:

1.) Update.


17.    Renumber and amend Policy 1.4.3 as follows:
Policy 1.4.32
In order to ensure that the potential for significant loss of life and hurricane damage
does not increase, no additional or replacement mobile homes shall be permitted in the
Hurricane Vulnerability Zone Coastal High Hazard Area, as defined in the Coastal
Management Element. Mobile homes meeting the State of Florida criteria for
manufactured housing are exempt. All FEMA requirements must be met. The Hurricane
Vulnerabilty Zone, as defined by Miami-Dade County, contains those lands east of U.S.
1.

Reasons for amendment:

1.) To address State growth management requirements.

                                          53
18.    Renumber and amend Policy 1.4.4 as follows:
Policy 1.4.43
Create and provide administrative and technical support to a The City will continue to
seek partnerships with private and/or non-profit housing corporations that secure and
set aside funds to leverage to promote homeownership and housing opportunities. This
partnership will develop and promote available resources to present and future home
owners. Such resources may include but would not be limited to CDBG funds, grants,
home buyers’ programs and loans to be used for housing improvement, housing
rehabilitation, rental rehabilitation, and residential redevelopment.

Reasons for amendment:

1.) To address State growth management requirements.

2.) Update.

3.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.


19.    Renumber Policy 1.4.5 as follows:
Policy 1.4.54
Continue to conduct workshops using building officials and code compliance officers to
educate homeowners regarding code requirements, home improvements, construction
guidelines, repair programs, weatherization, hurricane protection, and maintenance tips.

Reasons for amendment:

1.) Update.


20.   Renumber and amend Policy 1.4.6 as follows:
Policy 1.4.65
Develop a program aimed at The City shall seek to reducinge the number of
overcrowded units in the City by 15% each year through the support and/or
implementation of housing improvement, assistance, and code enforcement programs.

Reasons for amendment:

1.) Update.


21.   Add a new Policy 1.4.6 as follows:
Policy 1.4.6



                                           54
Encourage new residential development and redevelopment to incorporate energy
saving design and construction features, such as adequate insulation, solar power, less
heat-absorbent roofing materials, and increased tree canopies, into design, construction
and site development plans.

Reasons for amendment:

1.) To address State growth management requirements.


22.   Add a new Policy 1.4.7 as follows:
Policy 1.4.7
Encourage the use of renewable building materials in the construction of new or
redevelopment of existing housing.

Reasons for amendment:

1.) To address State growth management requirements.


23.     Add a new Policy 1.4.8 as follows:
Policy 1.4.8
The City shall consider the development and implementation of a green building
certification program, with associated regulations, incentives and standards.

Reasons for amendment:

1.) To address State growth management requirements.


24.    Amend Objective 1.5 as follows:
Objective 1.5
The City shall provide for the location of Accommodate a fair share of the County's
group homes by achieving one additional facility by 1999, and assure foster care facility
feasibility through zoning policies in accordance with State requirements.

Reasons for amendment:

1.) To address State growth management requirements.

2.) Update.


25.   Amend Policy 1.5.2 as follows:
Policy 1.5.2



                                           55
By 1998, review the Land Development Regulations to determine if there are any
obstacles, such as distance requirements or permitting delays, The City will continue to
avoid regulatory barriers which unduly discourage new ACLFs in the community.

Reasons for amendment:

1.) To address State growth management requirements.




                                          56
                              APPLICATION 4.
              CITY OF NORTH MIAMI BEACH COMPREHENSIVE PLAN
                   INFRASTRUCTURE ELEMENT AMENDMENTS


1.    Amend Objective 1.1 as follows:

Objective 1.1
By 2002 Continue to provide new or improved sewer collection, drainage and/or potable
water systems through a program of facility extensions and related sewer plans to the
areas identified in the City’s CIP for each utility in accordance with the Capital
Improvements Schedule, as it is annually updated.

Reasons for amendment:

1.) Update.


2.    Amend Policy 1.1.1 as follows:


Policy 1.1.1
By November of 1997, tThe City shall complete installation of ensure provision of
sanitary sewer service in the West Dixie Highway Industrial Corridor and in the
commercial area south of NE 163 Street between NE 16 Avenue and NE 11 Avenue
accordance with its adopted Level of Service standard.

Reasons for amendment:

1.) To address State growth management requirements.

2.) Update.

3.    Amend Policy 1.1.3 as follows:


Policy 1.1.3
Continue the program of replacing 2-inch mains with 8-inch mains to assure adequate
water pressure, with completion by 2006 through the implementation of necessary
improvements.

Reasons for amendment:

1.) To address State growth management requirements.

2.) Update.

                                         57
4.    Amend Policy 1.1.4 as follows:


Policy 1.1.4
Expand the wellfield for tThe City’s two newly drilled wells further west by the year 2000
shall ensure the availability of potable water in accordance with its adopted Level of
Service standard.


Reasons for amendment:

1.) To address State growth management requirements.

2.) Update.

5.    Delete Policy 1.2.6 as follows:


Policy 1.2.6
In 1997, the City shall provide a new, accessible facility for the administration of the
Public Services Department in order to better meet the needs, in terms of infrastructure
and development, of City residents, affected property owners, and the staff of the
department.
Reasons for amendment:

1.) Update.

6.    Renumber Policy 1.2.7 as follows:

Policy 1.2.76
The City shall maintain procedures and programs to monitor levels of service of each
water supply, water treatment and wastewater treatment facility for use by agencies that
issue development orders or permits and private applicants. Such procedures may
include the establishment of water and wastewater allocation processes to assure that
adequate water supply, and water and wastewater transmission and treatment capacity
is available prior to issuance of development orders or permits.

Reasons for amendment:

1.) Update.

7.    Amend Policy 1.5.1 as follows:



                                           58
Policy 1.5.1
Sewer lines will be extended to existing dense development to correct deficiencies, if
any, and conform to regional policies by 2006 as per Map 1.19, Volume Four;
extensions to vacant land will be paid by developers. Note: Water lines serve existing
development; the same vacant land extensions policy governs in accordance with the
adopted Level of Service Standard.

Reasons for amendment:

1.) Update.




                                         59
                              APPLICATION 5.
              CITY OF NORTH MIAMI BEACH COMPREHENSIVE PLAN
                COASTAL MANAGEMENT ELEMENT AMENDMENTS

1.     Amend Objective 1.1 as follows:
Objective 1.1
Continue to achieve zero (0) net loss of the 2,000 linealr feet of natural areas bordering
the estuaryine areas in the City.
Measure: This objective will be measured by progress in implementing its policies.

Reasons for amendment:

1.) To address State growth management requirements.


2.     Amend Objective 1.2 as follows:
Objective 1.2
In order tTo ensure public access to publicly owned and accessible natural areas,
including but not limited to water bodies and existing protected natural areas, the City
shall by 200215 increase the number of shoreline access sites available to the public
and/or enhance existing public shoreline access sites.
Measure: Addition of one access point by 2015.

Reasons for amendment:

1.) To address State growth management requirements.

2.) Update.


3.      Add a new Policy 1.2.3 as follows:
Policy 1.2.3
To the extent feasible, require development and redevelopment plans of properties
fronting on navigable waters under the jurisdiction of the Florida Inland Navigation
District (excluding single family properties) to provide continuous public access along
the waterfront, including waterbus access, and access to public transit to the site.

Reasons for amendment:

1.) In response to EAR Issue B., “Facilitate and Manage Redevelopment”.

2.) To address State growth management requirements.


4.    Add a new Policy 1.3.4 as follows:


                                           60
Policy 1.3.4
The City shall restore those natural resources within the coastal planning area disturbed
by activities undertaken by the City, as may be required by law.

Reasons for amendment:

1.) To address State growth management requirements.


5.      Add a new Policy 1.3.5 as follows:
Policy 1.3.5
The City, through its regulatory processes and coordination with appropriate agencies,
shall limit specific and cumulative impacts of development or redevelopment upon
wetlands water quality, water quantity, surface water runoff, exposure to natural
hazards, wildlife habitat, and living marine resources.

Reasons for amendment:

1.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.

2.) To address State growth management requirements.


6.    Add a new Policy 1.3.6 as follows:
Policy 1.3.6
The City shall continue to participate in the National Pollution Discharge Elimination
System (NPDES) and the Total Maximum Daily Loads (TMDL) programs.

Reasons for amendment:

1.) To address State growth management requirements.


7.     Amend Objective 1.4 as follows:
Objective 1.4
The amount of shoreline devoted to water dependent and water related uses shall be
maintained at 3,500 linealr feet along the Oleta River system and Snake Creek Canal or
increased in conformance with the criteria in the following policies. Note that North
Miami Beach has very limited vacant privately owned frontage on the estuary.
Measure: This objective shall be measured by the amount of shoreline devoted to
water dependent and water related uses.

Reasons for amendment:

1.) To address State growth management requirements.



                                           61
8.     Amend Policy 1.4.2 as follows:
Policy 1.4.2
All new developments (larger than single family or duplex residences) fronting on the an
estuary should be water dependent, water related, or at a minimum should include
environmentally compatible shoreline access facilities such as walkways, and viewing
areas. Particular emphasis shall be given to facilities open to the public at large.

Reasons for amendment:

1.) Update.


9.      Add a new Policy 1.4.8 as follows:
Policy 1.4.8
By the year 2015, amend the Land Development Regulations (LDR) by incorporating
the criteria for marina siting and waterfront development.

Reasons for amendment:

1.) To address State growth management requirements.


10.   Amend Objective 1.5 as follows:
Objective 1.5
Maintain the provisions in the City’s Land Development Regulations which help
preserve unique geological, historical or archaeological sites if and when found.
Measure: This objective shall be measured by progress in achieving its policies.

Reason for amendments:

1.) To address State growth management requirements.


11.   Add a new Objective 1.6 as follows:
Objective 1.6
The City shall enforce the minimum floodplain management regulations of the Federal
Emergency Management Agency (FEMA) and the City’s Floodplain Standards
Ordinance for new and substantially improved buildings.
Measure: Enforcement of the flood plain management regulations.

Reason for amendments:

1.) To address federal and State requirements, and consistency with the City’s
adopted Floodplain Standards.



                                          62
12.     Add a new Policy 1.6.1 as follows:
Policy 1.6.1
As part of the existing permitting and zoning approval procedures, the City shall review
all plans for construction within the floodplain area to ensure conformity with minimum
acceptable standards set forth in Article X Subdivision and Floodplain Standards of
Chapter XXIV Zoning and Land Development Code.

Reason for amendments:

1.) 1.) To address federal and State requirements, and consistency with the City’s
adopted Floodplain Standards.


13.   Add a new Policy 1.6.2 as follows:
Policy 1.6.2
The City shall discourage variances under Article X Subdivision and Floodplain
Standards of Chapter XXIV Zoning and Land Development Code.

Reason for amendments:

1.) To address federal and State requirements, and consistency with the City’s
adopted Floodplain Standards.


14.   Add a new Policy 1.6.3 as follows:
Policy 1.6.3
The City Manager or their designee shall act as an oversight body to enforce Article X
Subdivision and Floodplain Standards of Chapter XXIV Zoning and Land Development
Code and to review all requested amendments to the provision.

Reason for amendments:

1.) To address federal and State requirements, and consistency with the City’s
adopted Floodplain Standards.


15.    Add a new Policy 1.6.4 as follows:
Policy 1.6.4
The City shall continue to participate in the Community Rating System (CRS) and the
National Flood Insurance Programs (NFIP), and distribute information relative to its
provisions.

Reason for amendments:




                                          63
1.) To address federal and State requirements, and consistency with the City’s
adopted Floodplain Standards.


16.    Add a new Policy 1.6.5 as follows:
Policy 1.6.5
In an effort to minimize flood insurance premium rates for North Miami Beach residents,
the City shall endeavor to maintain or improve its Class 8 rating to a Class 7 or better by
performing floodplain management activities that exceed the minimum NFIP
requirements of the Community Rating System.

Reason for amendments:

1.) To address federal and State requirements, and consistency with the City’s
adopted Floodplain Standards.


17.    Add a new Policy 1.6.6 as follows:
Policy 1.6.6
To prevent further additions to the list of Repetitive Loss (RL) properties published by
FEMA, the City shall remain committed to working on eliminating RL properties within
the City to a point that qualifies as a category A or B Community.

Reason for amendments:

1.) To address federal and State requirements, and consistency with the City’s
adopted Floodplain Standards.


18.    Add a new Policy 1.6.7 as follows:
Policy 1.6.7
The City shall continue to enforce Chapter XXIV Zoning and Land Development Code,
in an effort to eliminate an increase in the number of RL properties.

Reason for amendments:

1.) To address federal and State requirements, and consistency with the City’s
adopted Floodplain Standards.


19.   Add a new Policy 1.6.8 as follows:
Policy 1.6.8
The City should attempt to promote the acquisition, or retrofit of RL properties.

Reason for amendments:



                                            64
1.) To address federal and State requirements, and consistency with the City’s
adopted Floodplain Standards.


20.    Add a new Policy 1.6.9 as follows:
Policy 1.6.9
The Coastal High Hazard Area is defined as the area below the elevation of the
Category 1 storm surge line as established by a Sea, Lake and Overland Surges from
Hurricanes (SLOSH) computerized storm surge model. The Coastal High Hazard Area
is identified on the Future Land Use Map.

Reason for amendments:

1.) To address State growth management requirements.


21.    Amend Objective 2.1 as follows:
Objective 2.1
The City shall maintain or mitigate the impacts of development on the prescribed
hurricane evacuation clearance times identified in the South Florida Regional Planning
hurricane evacuation model update.
The City will initiate coordination with the South Florida Regional Planning Council
(SFRPC) within six months of the completion of the SFRPC hurricane evacuation model
update, in order to evaluate the affect that DCA Amendment 06-1, adopted in
September, 2006, may have on hurricane evacuation clearance times for the coastal
zone area. The City will commit to mitigating the impact of Amendment 06-1 to the
extent that the amendment would increase the allowable clearance times for various
hurricane intensities. The City will also evaluate recommendations from the SFRPC
that would reduce overall evacuation clearance times, and will participate in regional
solutions. (Amended by Ordinance NO. 2006-14, 10/03/06)
Measure: This objective shall be measured by progress in implementing its policies.

Reason for amendments:

1.) To address State growth management requirements.


22.     Amend Policy 2.1.3 as follows:
Policy 2.1.3
In order to reduce the potential for loss of life and severe property damage, encourage
the reduction of densities and intensities in areas likely to be inundated by flooding
resulting from hurricane surge as shown by Map 5.3, Volume Four, implement a
building code consistent with FEMA requirements, and when possible through grant
funding eliminate the potential for increased residential and urban densities in those
areas by purchasing such lands for use as public open space and shoreline access.
(Amended by Ordinance NO. 2000-2, 03/07/00)

                                          65
Reason for amendments:

1.) To address State growth management requirements.


23.   Add a new Policy 2.1.4 as follows:
Policy 2.1.4
The City shall participate in regional solutions that aim to reduce overall evacuation
clearance times.

Reason for amendments:

1.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.

2.) To address State growth management requirements.


24.     Add a new Policy 2.1.5 as follows:
Policy 2.1.5
The City shall address deficiencies identified in the hurricane evacuation analysis and
endeavor to integrate regional and local preparation and evacuation procedures into the
City’s hazard mitigation measures.

Reason for amendments:

1.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.

2.) To address State growth management requirements.


25.     Amend Objective 2.2 as follows:
Objective 2.2
The City of North Miami Beach shall provide immediate response to post-hurricane
situations in concert with a post-disaster redevelopment plan, which will reduce or
eliminate the exposure of human life and public and private property to natural hazards.
Measure: This objective shall be measured by progress in implementing its policies.

Reason for amendments:

1.) To address State growth management requirements.


26.    Amend Policy 2.2.10 as follows:
Policy 2.2.10
The physical Post Disaster Redevelopment Plan is to rebuild the City in accordance
with the original Master Development Plan. The original Master Development Plan

                                          66
would consist of the Comprehensive Master Plan, Land Development Regulations and
Official Zoning Map. The operational Post Disaster Plan will be prepared by December
31, 1998 and reviewed and updated annually prior to each hurricane season.

Reason for amendments:

1.) Update.

2.) To address State growth management requirements.


27.   Amend Policy 2.2.15 as follows:
Policy 2.2.15
The applicable provisions of the South Florida Building Code, as they exist in January
1998, and as they may be amended from time to time, relating to hurricane precautions,
inspections and permitting are hereby adopted by reference.

Reason for amendments:

1.) Update.


28.    Add a new Policy 2.2.19 as follows:
Policy 2.2.19
The City shall prepare a post-disaster redevelopment plan upon the State’s completion
of the Post-Disaster Redevelopment Plan pilot community planning initiative. The post-
disaster redevelopment plan shall address public safety, land use, infrastructure, and
public investment concerns. Included in the post-disaster redevelopment plan shall be
policies that determine procedures needed to protect the public health and safety and
immediate and long-term cleanup and repair activities; as well as the removal,
relocation, or structural modification of damaged infrastructure and unsafe structures.

Reason for amendments:

1.) Update.

2.) To address State growth management requirements.


29.    Amend Objective 2.3 as follows:
Objective 2.3
Maintain the City’s Level of Service Standards in the coastal area commensurate with
what is specified in each element for the City as a whole.
Measure: This objective shall be measured by the City’s Level of Service Standards.

Reason for amendments:

                                          67
1.) To address State growth management requirements.


30.   Amend Policy 2.3.1 as follows:
Policy 2.3.1
Continue to achieve the level of service standards as contained in the Traffic Circulation
Transportation and Infrastructure Elements relative to roadways, sewage, water and
stormwater runoff, respectively through a concurrency management system.

Reason for amendments:

1.) Update.

2.) To address State growth management requirements.


31.    Amend Objective 2.4 as follows:
Objective 2.4
By March of 1998, tThe City’s Emergency Preparedness Committee shall review its
hurricane preparation plans and post-disaster redevelopment plans annually to insure
that risks are mitigated to the furthest extent possible and that its plans are in
conformance with the most recent Objectives and Procedures developed by the Miami-
Dade County Evacuation Planning Task Force. in 1997. The City shall annually review
its Hurricane Procedures in March of each year.
Measure: This objective shall be measured by progress in implementing its policies.

Reason for amendments:

1.) Update.

2.) To address State growth management requirements.


32.    Add a new Objective 2.5 as follows:
Objective 2.5
During an emergency, the City shall coordinate with other agencies and municipalities
as well as establish means for communication between agencies.
Measure: This objective shall be measured by the degree of interaction between
agencies.

Reasons for amendment:

1.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.

2.) To address State growth management requirements.

                                           68
33.     Add a new Policy 2.5.1 as follows:
Policy 2.5.1
Utilize an Incident Command System to establish unified command for all public safety
agencies during an emergency.

Reasons for amendment:

1.) Consistency with emergency management plans and procedures.

2.) To address State growth management requirements.


34.   Add a new Policy 2.5.2 as follows:
Policy 2.5.2
The City shall continue to operate as a Regional Emergency Operations Center.

Reasons for amendment:

1.) Consistency with emergency management plans and procedures.

2.) To address State growth management requirements.


35.     Add a new Policy 2.5.3 as follows:
Policy 2.5.3
The City shall continue to participate in the National Incident Management System
(NIMS), a comprehensive and consistent approach to emergency management at all
jurisdictional levels and across all functional emergency management disciplines.

Reasons for amendment:

1.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.

2.) Consistency with emergency management plans and procedures.


36.    Add a new Policy 2.5.4 as follows:
Policy 2.5.4
In an effort to achieve compliance with NIMS adopted practices, the City shall adopt
NIMS at the community level for all government departments and agencies and promote
NIMS adoption and use by associations, utilities, non-governmental organizations and
the private sector by the year 2015. Furthermore, NIMS should be adopted through
executive order, proclamation, resolution, or legislation as the jurisdiction’s official all
hazards, incident response system.

                                            69
Reasons for amendment:

1.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.

2.) Consistency with emergency management plans and procedures.


37.    Add a new Objective 2.6 as follows:
Objective 2.6
The City shall take measures towards hurricane preparation, hazard mitigation and plan
for post-disaster redevelopment.
Measure: This objective shall be measured by progress in implementing its policies.

Reasons for amendment:

1.) In response to EAR Issue B., “Facilitate and Manage Redevelopment”.

2.) To address State growth management requirements.


38.    Add a new Policy 2.6.1 as follows:
Policy 2.6.1
Assist businesses in preparing a post-disaster continuity plan through the provision of
information and the provision of requested technical assistance to the extent that the
provision of such assistance is feasible and appropriate.

Reasons for amendment:

1.) In response to EAR Issue B., “Facilitate and Manage Redevelopment”.

2.) To address State growth management requirements.


39.    Add a new Policy 2.6.2 as follows:
Policy 2.6.2
Encourage public awareness and education regarding appropriate responses to a
variety of emergencies as feasible and appropriate utilizing such mechanisms as
websites, public access television stations, and newsletters.

Reasons for amendment:

1.) Consistency with emergency management plans and procedures.




                                          70
40.    Add a new Policy 2.6.3 as follows:
Policy 2.6.3
Coordinate with the County to ensure the availability of emergency shelter for residents
required to evacuate areas adversely affected by natural disasters.

Reasons for amendment:

1.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.

2.) Consistency with emergency management plans and procedures.


41.    Add a new Policy 2.6.4 as follows:
Policy 2.6.4
Work with the South Florida Regional Planning Council in its role as the region’s
Economic Development District Coordinator to seek hazard mitigation funding from the
U.S. Department of Commerce, Economic Development Administration to fund the
organizational and training activities of the Business Disaster Mitigation and Recovery
Assistance Program.

Reasons for amendment:

1.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.

2.) Consistency with emergency management plans and procedures.


42.   Add a new Policy 2.6.5 as follows:
Policy 2.6.5
Consider reducing building permit application fees for disaster resistant shutters, doors,
windows, and roof clips for businesses participating in the Business Disaster Mitigation
and Recovery Assistance Program.

Reasons for amendment:

1.) Consistency with emergency management plans and procedures.


43.    Add a new Policy 2.6.6 as follows:
Policy 2.6.6
The City shall ensure that all applicable provisions of the hazard mitigation annex of the
Miami-Dade County Emergency Operations Plan, and the Miami-Dade County Local
Mitigation Strategy (LMS), are incorporated and/or addressed in local hazard mitigation
procedures.

Reasons for amendment:

                                           71
1.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.

2.) Consistency with emergency management plans and procedures.


44.    Add a new Policy 2.6.7 as follows:
Policy 2.6.7
The City shall monitor problems and life-threatening situations resulting from natural
disaster events and take the necessary steps to ensure that the potential for such
problems and situations are minimized in the future.

Reasons for amendment:

1.) Consistency with emergency management plans and procedures.

2.) To address State growth management requirements.


45.   Add a new Policy 2.6.8 as follows:
Policy 2.6.8
The City shall implement the Local Mitigation Strategy and Post-Disaster
Redevelopment Plan to provide for debris clearance as well as immediate repair and
replacement of public infrastructure required to protect public health and safety.

Reasons for amendment:

1.) Consistency with emergency management plans and procedures.

2.) To address State growth management requirements.


46.     Add a new Policy 2.6.9 as follows:
Policy 2.6.9
The City shall make every effort to support and implement the initiatives and projects
listed in the Local Mitigation Strategy, including both countywide initiatives and the
proposed hazard mitigation projects located in the City.

Reasons for amendment:

1.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.

2.) Consistency with emergency management plans and procedures.

3.) To address State growth management requirements.



                                         72
47.    Add a new Policy 2.6.10 as follows:
Policy 2.6.10
The City will promote the hardening of structures to increase resistance against natural
disasters pursuant to the Florida Comprehensive Hurricane Damage Mitigation Program
(My Safe Florida Home).

Reasons for amendment:

1.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.

2.) Consistency with emergency management plans and procedures.


48.   Add a new Objective 2.7 as follows:
Objective 2.7
Create and set priorities for a Business Disaster Mitigation and Recovery Assistance
Program.

Measure: This objective shall be measured by progress in implementing its policies.

Reasons for amendment:

1.) Consistency with emergency management plans and procedures.

2.) To address State growth management requirements.


49.     Add a new Policy 2.7.1 as follows:
Policy 2.7.1
The City will evaluate the feasibility of assembling and training a team of City
employees to assist businesses in mitigating for future disasters and increase the
likelihood of their continuity.

Reasons for amendment:

1.) Consistency with emergency management plans and procedures.


50.    Add a new Policy 2.7.2 as follows:
Policy 2.7.2
In the event that the City determines that it is feasible to assemble the team referenced
n Policy 2.7.1 above, the City will select team members including employees involved in
economic development, community redevelopment, building code administration, risk
management, historic preservation, and public safety.



                                           73
Reasons for amendment:

1.) Consistency with emergency management plans and procedures.


51.    Add a new Policy 2.7.3 as follows:
Policy 2.7.3
The City shall seek the assistance of outside agencies through implementation of ICE
Policy 1.1.11.

Reasons for amendment:

1.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.

2.) Consistency with emergency management plans and procedures.


52.   Add a new Objective 2.8 as follows:
Objective 2.8
Future infrastructure improvements in the Coastal High Hazard Area shall minimize
public expenditures that subsidize development, except for the restoration or
enhancement of natural resources.

Measures: Monitor infrastructure improvements and public expenditures in coastal
planning area, particularly the hurricane vulnerability zone. The implementation of
measures to ensure that unsafe, vulnerable, and/or inappropriately placed land uses are
not developed or redeveloped.

Reasons for amendment:

1.) Consistency with emergency management plans and procedures.

2.) To address State growth management requirements.


53.      Add a new Policy 2.8.1 as follows:
Policy 2.8.1
Monitor storm activities that threaten or cause damage to existing structures and
facilities in order to assess vulnerability and identify potential hurricane vulnerability
zones.

Reasons for amendment:

1.) Consistency with emergency management plans and procedures.

2.) To address State growth management requirements.

                                           74
54.    Add a new Policy 2.8.2 as follows:
Policy 2.8.2
The development or redevelopment of unsafe, vulnerable, and/or inappropriately
located uses shall not be undertaken in designated hurricane vulnerability zones, unless
the proper measures have been taken to ensure the safety and soundness of such
uses, pursuant to existing law.

Reasons for amendment:

1.) Consistency with emergency management plans and procedures.

2.) To address State growth management requirements.




                                          75
                             APPLICATION 6.
             CITY OF NORTH MIAMI BEACH COMPREHENSIVE PLAN
                   CONSERVATION ELEMENT AMENDMENTS


1.    Amend Policy 1.1.2 as follows:
Policy 1.1.2
Continue to urge the State Department of Transportation to undertake: planned street
widenings and intersection improvements in order to facilitate traffic flow,; congestion
management and air quality improvement programs, and; transportation demand
management programs that affect the City.

Reasons for amendment:

1.) Street widenings may be counterproductive to the achievement of Objective
1.1.


2.      Add a new Policy 1.1.4 as follows:
Policy 1.1.4
The City shall coordinate with the South Florida Regional Planning Council (SFRPC) in
its efforts, as outlined in the Strategic Regional Policy Plan, to improve air quality by
reducing transportation and electrical power generation related impacts and increasing
green areas.

Reasons for amendment:

1.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.

2.) To address State growth management requirements.


3.    Add a new Policy 1.1.5 as follows:
Policy 1.1.5
Discourage automobile travel through encouragement of mixed-use development along
major roadway corridors with mass-transit accessibility, and by ensuring that large
developments that generate high-traffic volumes have mass-transit accessibility.

Reasons for amendment:

1.) In response to EAR Issue A., “Develop an Identity for the City”.

2.) In response to EAR Issue B., “Facilitate and Manage Redevelopment”.

3.) To address State growth management requirements.

                                           76
4.      Add a new Policy 1.1.6 as follows:
Policy 1.1.6
The City shall continue to coordinate with the South Florida Regional Planning Council’s
efforts to educate the public regarding air quality issues in accordance with the Strategic
Regional Policy Plan.

Reasons for amendment:

1.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.


5.     Amend Policy 1.2.1 as follows:
Policy 1.2.1
By 1998, complete installation of Sanitary Sewer in the West Dixie Highway Industrial
Area; and Continue to make street drainage improvements City-wide.
Reasons for amendment:

1.) Update.


6.    Amend Policy 1.2.4 as follows:
Policy 1.2.4
By 1998 2015, review the City’s procedures, as necessary, to assure adequate controls
over hazardous wastes at existing developments, redevelopments, and new
developments.
Reasons for amendment:

1.) Update.


7.     Add a new Policy 1.2.9 as follows:
Policy 1.2.9
The City shall utilize measures such as those outlined in the South Florida Water
Management District’s Model Water Shortage Ordinance and Florida Department of
Environmental Protection’s Florida Water Conservation Initiative to address water usage
so that a reduction in the per capita use of water is realized.

Reasons for amendment:

1.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.

2.) To address State growth management requirements.




                                            77
8.      Add a new Policy 1.2.10 as follows:
Policy 1.2.10
The City shall cooperate as appropriate with the South Florida Water Management
District in its efforts to enforce water restrictions for landscape irrigation.

Reasons for amendment:

1.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.

2.) To address State growth management requirements.


9.    Add a new Policy 1.2.11 as follows:
Policy 1.2.11
The City shall maximize the use of native plants in City landscaping projects and large
redevelopment sites to provide and improve urban habitat and connectivity for native
species.

Reasons for amendment:

1.) To address State growth management requirements.


10.    Add a new Policy 1.2.12 as follows:
Policy 1.2.12
The City should provide information to property owners about the environmental
benefits of landscaping with drought-tolerant, native plants, and support their efforts to
do so.

Reasons for amendment:

1.) To address State growth management requirements.


11.   Add a new Policy 1.2.13 as follows:
Policy 1.2.13
The City shall periodically inspect drainage outfalls as part of the National Pollution
Discharge Elimination System (NPDES).

Reasons for amendment:

1.) To address State growth management requirements.




                                           78
12.    Add a new Policy 1.2.14 as follows:
Policy 1.2.14
The City shall coordinate and cooperate with Miami-Dade County Department of
Environmental Resource Management and state agencies on the enforcement of
environmental regulations.

Reasons for amendment:

1.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.

2.) To address State growth management requirements.


13.     Add a new Policy 1.2.15 as follows:
Policy 1.2.15
The City should provide available information to residents about the water quality
pollution caused by run-off containing grass clippings, lawn fertilizers, and other similar
pollutant materials.

Reason for amendment:

1.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.


14.   Amend Policy 1.3.2 as follows:
Policy 1.3.2
Continue to require development projects in coastal and wetland areas to receive
approval from Miami-Dade County’s Shoreline Development Review Committee
subsequent to plan approval from the City to assure inclusion of provisions that
adequately protect rare or threatened native vegetative communities.

Reason for amendment:

1.) Update.


15.    Amend Policy 1.3.4 as follows:
Policy 1.3.4
Further landscape and extend the linear park along the Snake Creek Canal in an effort
to assist wildlife and riverine habitat conservation, including the removal of invasive,
nuisance vegetation and the creation of passive, nature oriented recreational
opportunities at Diefenbach Park and other publicly owned sites. Landscape with
wetlands vegetation along the banks of the Greenway.

                                            79
Reason for amendment:

1.) In response to EAR Issue C., “Provide Enhanced Recreation and Open Space
Facilities.

2.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.

3.) To address State growth management requirements.


16.   Add a new Policy 1.3.9 as follows:
Policy 1.3.9
Continue to increase the City’s tree canopy through streetscape and free-tree programs,
and within City parks and facilities.

1.) In response to Evaluation and Appraisal Report (EAR) Issue A., “Develop an
Identity for the City”.

2.) In response to EAR Issue C., “Provide Enhanced Recreation and Open Space
Facilities.


17.   Add a new Policy 1.3.10 as follows:
Policy 1.3.10
The City shall periodically inspect drainage outfalls as part of the National Pollution
Discharge Elimination System (NPDES).

Reasons for amendment:

1.) To address State growth management requirements.


18.    Add a new Policy 1.3.11 as follows:
Policy 1.3.11
The City shall coordinate and cooperate with Miami-Dade County Department of
Environmental Resource Management on the enforcement of environmental
regulations.

Reason for amendment:

1.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.




                                          80
21.    Add a new Policy 1.3.12 as follows:
Policy 1.3.12
The City shall ensure that any activities of which it is aware that may negatively affect
the survival of endangered and threatened wildlife will be brought to the attention of the
appropriate agencies.

Reason for amendment:

1.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.


22.     Add a new Objective 1.4 as follows:
Objective 1.4
Continue to promote improved air quality in the City by utilizing lower emission vehicles
for the municipal fleet and encouraging the use of hybrid and alternative fuel vehicles.
Measure: The City will maintain an economically feasible schedule for replacing the
obsolete vehicles in three years, and shall follow the schedule, updating it on an annual
basis.

Reasons for amendment:

1.) To address State growth management requirements.


23.    Add a new Policy 1.4.1 as follows:
Policy 1.4.1
The City shall investigate the economic feasibility of converting or retrofitting its fleet to
lower emission vehicles, including hybrid and alternative fuel vehicles and diesel to
biodiesel conversions, to promote better air quality. The City will investigate potential
funding sources to implement Objective 1.4 and this policy, including federal and State
programs.

Reasons for amendment:

1.) To address State growth management requirements.


24.    Add a new Objective 1.5 as follows:
Objective 1.5
Continue to protect trees and the tree canopy in the City through the use of the Zoning
and Land Development Code and the enforcement of regulations in the code
compliance process. Measure: Establish a tree count database and determine the
percentage of tree cover within the City. Evaluate the increase or decrease of native
trees and prepare plans and implementation strategies to re-vegetate in case of tree
decrease.



                                             81
Reason for amendment:

1.) In response to Evaluation and Appraisal Report (EAR) Issue A., “Develop an
Identity for the City”.


25.    Add a new Policy 1.5.1 as follows:
Policy 1.5.1
Establish land development regulations that protect the overall tree canopy in the City,
and maintain records on tree removals and plantings to the extent feasible.

Reason for amendment:

1.) In response to Evaluation and Appraisal Report (EAR) Issue A., “Develop an
Identity for the City”.


26.    Add a new Policy 1.5.2 as follows:
Policy 1.5.2
Continue to coordinate with the South Florida Regional Planning Council in order to
increase public awareness of environmental issues in accordance with The Strategic
Regional Policy Plan, and support programs regarding the maintenance and
enhancement of the tree canopy and other native vegetative cover to maintain and
improve air quality and natural habitat.

Reason for amendment:

1.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.

2.) To address State growth management requirements.


27.    Add a new Policy 1.5.3 as follows:
Policy 1.5.3
Continue to coordinate with the South Florida Regional Planning Council in its efforts to
educate property owners about the environmental benefits of landscaping with native
plants, in accordance with the Strategic Regional Policy Plan.

Reason for amendment:

1.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.

2.) To address State growth management requirements.


28.   Add a new Policy 1.5.4 as follows:

                                           82
Policy 1.5.4
The City shall proactively remove exotic and invasive plants from all City-owned
property.

Reason for amendment:

1.) To address State growth management requirements.


29.     Add a new Policy 1.5.5 as follows:
Policy 1.5.5
In accordance with County Department of Environmental Resources Management
requirements, certain exotic pest plants shall not be sold, propagated, or planted within
the City. If existing on a site to be developed or redeveloped, they shall be removed
prior to development. Certain other exotic plant species (which are documented by the
Florida Exotic Pest Plant Council, the Miami- Dade County Park and Recreation
Department's Natural Area's Management Program and the Miami- Dade County
Department of Environmental Resources Management to be invasive pests in natural
areas) may not be planted within 500 feet of the native plant communities that they are
known to invade.

Reason for amendment:

1.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.

2.) To address State growth management requirements.


30.    Add a new Policy 1.5.6 as follows:
Policy 1.5.6
Continue to restrict activities known to adversely affect endangered and threatened wild
life, and require mitigation measures for activities impacting native vegetative
communities.

Reason for amendment:

1.) To address State growth management requirements.


31.   Add a new Objective 1.6 as follows:
Objective 1.6
The City shall seek to reduce greenhouse gas emissions and conserve energy
resources. Measure: The number of specific programs initiated to reduce greenhouse
gas emissions, acres of mixed use development as a percentage of total development,
and the estimated reduction of vehicle miles travelled as a result of these efforts.



                                           83
Reason for amendment:

1.) To address State growth management requirements.


32.    Add a new Policy 1.6.1 as follows:
Policy 1.6.1
The City shall promote compact, mixed use development, defined as a mixture of
residential and non-residential land uses in a design-unified, pedestrian friendly
environment with multi-modal transportation connectivity to other areas, at appropriate
locations. A major purpose of mixed-use development shall be to provide opportunities
to live, work, shop and recreate in a walkable area, and to reduce automobile
dependence and greenhouse gas emissions.

Reason for amendment:

1.) To address State growth management requirements.


33.    Add a new Policy 1.6.2 as follows:
Policy 1.6.2
The City shall encourage the implementation of low impact development techniques and
green building standards that reduce the negative environmental impacts of
development and redevelopment by: reducing building footprints to the maximum extent
feasible, and locating building sites away from environmentally sensitive areas;
promoting the preservation of natural resources; providing for on-site mitigation of
impacts (i.e. retention and treatment of stormwater runoff, water reuse, Master
Stormwater Management Systems); promoting energy conservation through design,
landscaping and building techniques (i.e. solar power, increased tree canopies);
promoting water conservation through landscaping and building design; ensuring
environmentally friendly building practices (i.e. use of environmentally friendly building
materials, recycled materials), and; considering the development and implementation of
a green building certification program, with associated regulations, incentives and
standards.

Reason for amendment:

1.) To address State growth management requirements.


35.    Add a new Policy 1.6.3 as follows:
Policy 1.6.3
The City shall seek to limit greenhouse gas emissions through the implementation of
strategies to reduce the number of vehicle miles travelled. These strategies may
include but not be the promotion of compact mixed use development that provides for a
mixture of residential and non-residential land uses in a pedestrian friendly environment

                                           84
with multi-modal transportation connectivity to other areas; promoting the use of
alternate transportation modes as specified herein, including mass transit, bicycles, and
pedestrianism, and; requiring Transportation Demand Management Programs as a
condition for development approvals.

Reason for amendment:

1.) To address State growth management requirements.




                                           85
                               APPLICATION 7.
               CITY OF NORTH MIAMI BEACH COMPREHENSIVE PLAN
              RECREATION AND OPEN SPACE ELEMENT AMENDMENTS

1.     Amend Policy 1.3.3 as follows:
Policy 1.3.3
The City shall conduct a study to determine the additional park land and park facility
needs on a neighborhood by neighborhood basis and include the needs identified for
each neighborhood in their respective, on an ongoing basis, will address the need for
additional park land and facilities in neighborhood improvement plans and the City’s
CIP.

Reason for amendment:

1.) Update

2.) In response to EAR Issue C., “Provide Enhanced Recreation and Open Space
Facilities.


2.    Amend Policy 1.3.3 as follows:
Policy 1.3.4
Add one tennis court and one playing field to the City’s available The City, on an
ongoing basis, will seek opportunities to provide additional recreation facilities by the
year 2000 as can be reasonably accomplished in terms of funding and availability
through such methods as acquiring land with grants and other funding programs.

Reason for amendment:

1.) Update.

2.) In response to EAR Issue C., “Provide Enhanced Recreation and Open Space
Facilities.


3.     Amend Policy 1.3.6 as follows:
Policy 1.3.6
Prepare an analysis of the cost and Continue to consider innovative strategies to
provide recreation opportunities to residents, such as potential use of a mobile
recreation unit to travel from neighborhood to neighborhood.

Reason for amendment:

1.) Update.


                                           86
2.) In response to EAR Issue C., “Provide Enhanced Recreation and Open Space
Facilities.


4.     Amend Policy 1.3.9 as follows:
Policy 1.3.9
By 1998, complete an analysis of Periodically evaluate revenues and program fees in
order to determine the long term sustainability of the various programs and develop
recommendations as to what changes, if any, are necessary.

Reason for amendment:

1.) Update

2.) In response to EAR Issue C., “Provide Enhanced Recreation and Open Space
Facilities.


5.       Amend Policy 1.3.11 as follows:
Policy 1.3.11
In accordance with the passage of the “Safe Neighborhood Parks Act of 1996”
Continue to seek opportunities to improve and build recreation and youth sports
facilities, including recreation centers and athletic fields. Such projects shall include the
completion of the Y.E.S. (Youth Enrichment Services) Project as well as the acquisition
of land for development of an athletic field along NE 167 Street within a five year
period.

Reason for amendment:

1.) Update

2.) In response to EAR Issue C., “Provide Enhanced Recreation and Open Space
Facilities.


6.     Amend Policy 1.3.12 as follows:
Policy 1.3.12
Design and implement a mini-bus transit service in the North Miami Beach area
to better meet the needs Continue to seek opportunities to meet the recreation needs of
the elderly and special needs population. The project, called “the North Miami Beach
Circulator Bus Demonstration Project,” will be similar to the Project Help service
currently provided. The project shall be a cooperative effort between the City, the
Florida Department of Transportation, Miami-Dade County, and the Miami-Dade Transit
Agency.

Reason for amendment:

                                             87
1.) Update

2.) In response to EAR Issue C., “Provide Enhanced Recreation and Open Space
Facilities.


7.    Amend Objective 1.4 as follows:
Objective 1.4
Ensure the preservation and expansion of public and private open space by achieving
a one percent increase in public open space acreage by 20020.
Measure: Percent increase in public open space.

Reason for amendment:

1.) Update

2.) In response to EAR Issue C., “Provide Enhanced Recreation and Open Space
Facilities.


8.     Amend Policy 1.4.3 as follows:
Policy 1.4.3
The City shall explore the possibility of continue to seek opportunities for acquiring land
along the north side of Snake Creek Canal and other natural corridors in the City for
preservation and use as open space, thereby linking recreational opportunities. (See
Map 7.2, Volume 4).

Reason for amendment:

1.) Update

2.) In response to EAR Issue C., “Provide Enhanced Recreation and Open Space
Facilities.


9.      Delete Policy 1.4.5 as follows:
Policy 1.4.5
Attempt to obtain funds to place the Monastery Property under public ownership
for the purpose of preserving the historic structures and developing a new
passive park along the Snake Creek Canal.

Reason for amendment:

1.) Update



                                            88
10.    Renumber and amend Policy 1.4.6 as follows:
Policy 1.4.65
In order to better serve the needs of the area’s students and residents, the City
shall develop a partnership with the Miami-Dade County School Board for
sharing facilities such as greenways, libraries, playgrounds, before and after
school child care facilities, parking areas, classrooms and meeting rooms enter into
and/or maintain existing park-school agreements with Miami-Dade Public Schools.

Reason for amendment:

1.) Update

2.) In response to EAR Issue C., “Provide Enhanced Recreation and Open Space
Facilities.
Reason for amendment:

3.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.


11.   Delete Policy 1.4.7 as follows:
Policy 1.4.7
Seek federal, state and county funds to develop a water theme mini-park in the
Government Center to serve the City’s increasing youth population.

Reason for amendment:

1.) Update


12.    Delete Policy 1.4.8 as follows:
Policy 1.4.8
Seek funds for the acquisition and development of additional park land in that
area of the City immediately east of NE 15 Avenue and south of NE 167 Street.

Reason for amendment:

1.) Update


13.   Amend Policy 2.2.1 as follows:
Policy 2.2.1
Make library improvements in accordance with the City’s Capital Improvement
Program, including the exploration of grant funding sources for an expansion to
be used for a children’s library.
Reason for amendment:

                                          89
1.) Update


14.   Delete Objective 3 as follows:
Objective 3
Coordinate with the Miami-Dade County School Board regarding future locations
and permanent educational facilities needed to meet the additional residents expected
to move into the City by 2015.

Reason for amendment:

1.) Update

2.) In response to EAR Issue C., “Provide Enhanced Recreation and Open Space
Facilities.




                                          90
                           APPLICATION 8.
           CITY OF NORTH MIAMI BEACH COMPREHENSIVE PLAN
       INTERGOVERNMENTAL COORDINATION ELEMENT AMENDMENTS


1.     Amend Objective 1.1 as follows:
Objective 1.1
Coordinate City plan implementation with other governmental entities on a formal basis
as specifically outlined earlier in the analysis section of this element; m. Measurability
shall be finalizing at least three two additional formal intergovernmental agreements by
1996 2015.

Reason for amendment:

1.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.

2.) To address State growth management requirements.


2.      Amend Policy 1.1.2 as follows:
Policy 1.1.2
The City Manager shall work through the MPO to achieve widenings of Biscayne
Boulevard and the Metro-rail extension proposed shall coordinate with the Florida
Department of Transportation and all other relevant government agencies to achieve
the introduction of mass transit along the existing Florida East Coast Railway.

Reason for amendment:

1.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.


3.    Amend Policy 1.1.3 as follows:
Policy 1.1.3
The City shall use the South Florida Planning Council (SFRPC) mediation process
should any conflicts arise such as street widening or sewer service areas.

Reason for amendment:

1.) Update.


4.     Amend Policy 1.1.4 as follows:
Policy 1.1.4
The City Manager shall further explore the possibility of annexing the enclave areas
surrounding the City and develop programs to assist any neighborhoods which express
interest in becoming part of the City.

                                           91
Reason for amendment:

1.) Update.


5.     Amend Policy 1.1.6 as follows:
Policy 1.1.6
The City shall encourage the establishment of new public schools within its boundaries
by promoting the dedication of land and infrastructure of residential and non residential
land, and will actively consult with the MDCPS Miami-Dade School Board during the
process of dedication to maximize the benefits of dedication to the school district while
minimizing costs to the developer.

Reason for amendment:

1.) Update.


6.      Add a new Policy 1.1.8 as follows:
Policy 1.1.8
The City shall include a nonvoting representative of the Miami-Dade School Board on
the Planning and Zoning Board to review comprehensive plan amendments that may
affect residential intensities and densities.

Reason for amendment:

1.) To address State growth management requirements.


7.    Add a new Policy 1.1.9 as follows:
Policy 1.1.9
The City shall continue to coordinate with the federal Department of Homeland Security
and Emergency Management Agency, Miami-Dade County and other appropriate
agencies to ensure coordination of emergency management and response, including
evacuation for disasters and emergency shelter space for residents.

Reason for amendment:

1.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.

2.) To address State growth management requirements.


8.    Add a new Policy 1.1.10 as follows:
Policy 1.1.10

                                            92
The City shall coordinate with the County, South Florida Regional Planning Council,
Chamber of Commerce, U.S. Department of Commerce, Economic Development
Administration, Federal Emergency Management Agency, Florida Department of
Community Affairs, Division of Emergency Management, Florida Insurance
Commissioner’s Office, and local businesses as appropriate.

Reason for amendment:

1.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.


9.     Add a new Policy 1.1.11 as follows:
Policy 1.1.11
The City shall participate in federal, State, regional and area workshops, meetings and
public hearings relating to topics affecting North Miami Beach and the surrounding area.

Reason for amendment:

1.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.

2.) To address State growth management requirements.


10.    Add a new Policy 1.1.12 as follows:
Policy 1.1.12
The City shall endeavor to ensure that its Comprehensive Plan will be consistent, where
feasible, with the State of Florida Strategic Plan, the South Florida Strategic Regional
Policy Plan, the Miami-Dade County Comprehensive Development Master Plan, the
Comprehensive Plans of adjacent local governments, and applicable regional water
supply plan(s).

1.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.


11.   Add a new Policy 1.1.13 as follows:
Policy 1.1.13
The City shall work with FDOT, South Florida Regional Transportation Authority, Miami-
Dade County MPO, Miami-Dade County Transit, and any other relevant agency to
promote multi-modal transportation plans and programs to adequately provide future
capacity for the City.

Reason for amendment:

1.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.

2.) To address State growth management requirements.

                                          93
12.   Add a new Policy 1.1.14 as follows:
Policy 1.1.14
The City shall participate in pedestrian and bicycle planning programs of the Miami-
Dade County MPO and District VI of the FDOT.

Reason for amendment:

1.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.

2.) To address State growth management requirements.


13.   Add a new Policy 1.1.15 as follows:
Policy 1.1.15
The City shall support Miami-Dade County in efforts to improve existing transit systems.

Reason for amendment:

1.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.

2.) To address State growth management requirements.


14.    Amend Objective 1.2 as follows:
Objective1.2
Coordinate the impacts of development proposed in this plan upon adjacent areas and
their comprehensive plans by maintaining a formal project plan referral mechanism to
Aventura, North Miami, Sunny Isles Beach, Miami Gardens and the Miami-Dade County
Planning Department, recognizing that no significant new development in this plan is
expected in North Miami Beach, i.e. not measurable and potentially not applicable. The
same shall apply to adjacent areas. Measures: Reviewing and commenting on plans
and development proposals submitted by local governments and the County within 30
days of receiving said development proposals and the number of proposals the City
informs adjacent cities of via electronic mail.

Reason for amendment:

1.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.

2.) To address State growth management requirements.


15.   Amend Policy 1.2.1 as follows:
Policy 1.2.1

                                           94
City officials shall maintain liaison with County officials and adjacent Cities in regarding
any land use or major development impacts along their extensive common boundaries
and/or within their boundaries by sending project plans to them, even though this is
unlikely to occur; the same shall apply to the City of North Miami Beach.

Reason for amendment:

1.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.

2.) To address State growth management requirements.


16.    Amend Policy 1.2.2 as follows:
Policy 1.2.2
The City shall continue to monitor the comprehensive plans of Miami-Dade County and
other adjacent Cities to determine any North Miami Beach plan recommendations with
impacts thereon, none are foreseen at this time.

Reason for amendment:

1.) Update.

2.) To address State growth management requirements.


17.   Add a new Policy 1.2.3 as follows:
Policy 1.2.3
The City shall monitor the comprehensive plans and large scale development proposals
of Miami-Dade County and other adjacent Cities to determine any impacts these plans
may have on North Miami Beach.

Reason for amendment:

1.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.

2.) To address State growth management requirements.


18.   Add a new Policy 1.2.4 as follows:
Policy 1.2.4
The City shall monitor and coordinate with appropriate entities regarding large scale
development to mitigate the potential impacts said development may have on North
Miami Beach, including North Miami Beach’s ability to redevelop.

Reason for amendment:



                                            95
1.) In response to EAR Issue B., “Facilitate and Manage Redevelopment”.

2.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.

3.) To address State growth management requirements.


19.   Add a new Policy 1.2.5 as follows:
Policy 1.2.5
The City shall provide comments to appropriate adjacent areas that are proposing
development with a significant impact on North Miami Beach’s local roads and the
regional transportation system that serves the City.

Reason for amendment:

1.) In response to EAR Issue B., “Facilitate and Manage Redevelopment”.

2.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.

3.) To address State growth management requirements.


20.   Add a new Policy 1.2.6 as follows:
Policy 1.2.6
The City shall continue to participate in the Miami-Dade Planners’ Technical Committee.

Reason for amendment:

1.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.

2.) Reflects current procedures.


21.    Add a new Policy 1.2.7 as follows:
Policy 1.2.7
The City shall continue to participate in the Northeast Miami-Dade Mayors’ Task Force
regarding transportation and traffic.

Reason for amendment:

1.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.

2.) Reflects current procedures.




                                          96
22    Add a new Policy 1.2.8 as follows:
Policy 1.2.8
The City shall coordinate all transportation improvements proposed by new
development and redevelopment with the Florida Department of Transportation, Florida
Department of Community Affairs, South Florida Regional Planning Council, Miami-
Dade County, and other state and regional agencies concerned with assessing traffic
impacts of proposed development.

Reason for amendment:

1.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.

2.) To address State growth management requirements.


23.   Add a new Policy 1.2.9 as follows:
Policy 1.2.9
The City shall continue to cooperate with the US Census Bureau, the Florida
Department of Community Affairs and the Miami-Dade Property Appraiser’s office, as
requested, by providing appropriate development information.

Reason for amendment:

1.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.

2.) To address State growth management requirements.


24.    Amend Objective 1.3 as follows:
Objective 1.3
Assure level of service standards coordination with other governmental entities by
continuing agreements with said governmental entities, including but not limited to the
Miami-Dade County Metropolitan Planning Organization (MPO), and Florida
Department of Transportation (FDOT), as well as agreements with Miami-Dade cCounty
Public Works and Water and Sewer Departments, and the Miami-Dade County School
Board. Measures: Experienceing no instances of service levels dropping below those
adopted by the City, the County, and the State.

Reason for amendment:

1.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.

2.) To address State growth management requirements.




                                          97
25.    Amend Policy 1.3.1 as follows:
Policy 1.3.1
The City shall coordinate with the following non-County and non-City entities having
services in the City with respect to refining and adjusting area wide and City area local
Levels of Service:

      •    State and Federal roadways: Florida Department of Transportation
      •    Drainage: South Florida Water Management District
      •    Potable water supply: South Florida Water Management District
      •    Regional policies: South Florida Regional Planning Council
      •    Public educational facilities: MDCPS Miami-Dade County Public Schools

Reason for amendment:

1.) Update.

2.) To address State growth management requirements.


26.   Amend Policy 1.3.5 as follows:
Policy 1.3.5
The City shall coordinate with the Miami-Dade County Public Schools (MDCPS), the
County and other parties to the adopted Amended and Restated “Interlocal Agreement
for Public School Facilities Planning in Miami-Dade County” to establish Level of
Service Standards (including Interim LOS standards) for public school facilities and any
amendments affecting public school concurrency.

Reason for amendment:

1.) Update.

2.) To address State growth management requirements.


27.   Add a new Policy 1.3.8 as follows:
Policy 1.3.8
The City shall evaluate compliance with adopted Level of Service standards through its
implementation of the Concurrency Management System

Reason for amendment:

1.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.

2.) To address State growth management requirements.




                                           98
28.    Add a new Policy 1.3.9 as follows:
Policy 1.3.9
The City Manager or a designee shall recommend procedures to be undertaken if an
outside entity that has maintenance responsibility for a public facility serving the City
does not plan for the necessary improvements in a timely manner in order to maintain
the City’s adopted level of service.

Reason for amendment:

1.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.

2.) To address State growth management requirements.


29.    Add a new Policy 1.3.10 as follows:
Policy 1.3.10
In situations where other public or private entities are providing a public facility or
service within the City for roads, water, sewer, drainage, parks or solid waste, the City
will coordinate its adopted level of service standard with the applicable entity within the
parameters allowed in this Plan.

Reason for amendment:

1.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.

2.) To address State growth management requirements.


30.    Add a new Policy 1.3.11 as follows:
Policy 1.3.11
The City shall coordinate with Federal, State, and County authorities to ensure the
receipt of its fair share of revenue sharing allocations, and facilities and services
improvements.

Reason for amendment:

1.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.

2.) To address State growth management requirements.


31.    Add a new Policy 1.3.12 as follows:
Policy 1.3.12
The City shall actively pursue public and private grant opportunities that will enhance
City services and facilities.



                                            99
Reason for amendment:

1.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.

2.) To address State growth management requirements.


32.     Amend Objective 1.4 as follows:
Objective 1.4
To identify and coordinate the affects of public facilities reports prepared by special
districts on the City of North Miami Beach Comprehensive Plan.
Measures: Reviewing and commenting on reports within 30 days of receiving said
reports.

Reason for amendment:

1.) To address State growth management requirements.


33.     Amend Objective 1.5 as follows:
Objective 1.5
Identify, implement, and coordinate joint planning areas between the City and Miami-
Dade County for annexation and service provision. Measure: This objective shall be
measured by progress in its implementing policies.

Reason for amendment:

1.) To address State growth management requirements.


34.     Amend Objective 1.6 as follows:
Objective 1.6
Identify and describe joint processes for collaborative planning on population projections
between Miami-Dade County, the Miami-Dade County School Board, and the City.
Measures: Providing updated population projections to appropriate agencies within six
months of developing said projections.

Reason for amendment:

1.) To address State growth management requirements.


35.     Amend Objective 1.7 as follows:
Objective 1.7
Identify and describe joint processes for collaborative planning on school siting between
Miami-Dade County School Board and the City.

                                           100
Measure: This objective shall be measured by progress in its implementing its policies.

Reason for amendment:

1.) To address State growth management requirements.


36.   Amend Policy 1.7.6 as follows:
Policy 1.7.6
The City and the MDCPS shall follow the procedures established in the adopted
Amended and Restated “Interlocal Agreement for Public School Facilities Planning in
Miami-Dade County” for coordination of land uses and public school facilities planning.

Reason for amendment:

1.) Update.


37.     Amend Objective 1.8 as follows:
Objective 1.8
Identify and describe joint processes for collaborative planning on facilities subject to
concurrency. Measures: Experiencing no instances of service levels dropping below
those adopted by the City, the County, and the State.

Reason for amendment:

1.) To address State growth management requirements.


38.     Add a new Policy 1.8.5 as follows:
Policy 1.8.5
If a transportation conflict arises, the City shall provide written comments identifying said
conflicts and coordinate as necessary with the appropriate officials of the respective
agency or agencies to address the conflicts. In the event a resolution cannot be reached
the City will use the South Florida Regional Planning Council’s informal mediation
process as described in Policy 1.11.1 of this element.

Reason for amendment:

1.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.

2.) To address State growth management requirements.


39.   Amend Objective 1.9 as follows:
Objective 1.9

                                            101
Identify and describe joint processes for collaborative planning on facilities with
countywide regional significance.
Measures: This Objective shall be measured by progress in achieving its implementing
policies.

Reason for amendment:

1.) To address State growth management requirements.


40.      Amend Policy 1.9.4 as follows:
Policy 1.9.4
The City will continue to coordinate with the MPO, Miami-Dade Transit Agency (MDTA)
and FDOT staff for the provision and maintenance of bridges, major transportation
facilities, and mass transit.

Reason for amendment:

1.) Update.


41.     Amend Objective 1.10 as follows:
Objective 1.10
Identify and describe joint processes for collaborative planning on problematic land
uses. Measure: This Objective shall be measured by progress in achieving its
implementing policies.

Reason for amendment:

1.) To address State growth management requirements.


42.    Amend Objective 1.11 as follows:
Objective 1.11
Bring intergovernmental disputes to closure in a timely manner through the use of
voluntary dispute resolution processes. Measure: This Objective shall be measured by
progress in achieving its implementing policies.

Reason for amendment:

1.) To address State growth management requirements.


43.   Add a new Objective 1.12 as follows:
Objective 1.12



                                        102
Coordinate with and notify appropriate governments and government agencies
regarding areas proposed for annexation into North Miami Beach. Measure: This
Objective shall be measured by progress in achieving its implementing policies.

Reason for amendment:

1.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.

2.) To address State growth management requirements.


44.     Add a new Policy 1.12.1 as follows:
Policy 1.12.1
The City shall notify, in writing, appropriate governments and government agencies of
its intent to annex land at least six months prior to the first scheduled public hearing
regarding said annexation. Included with the written notification will be pertinent
information, including infrastructure impacts, regarding the area to be annexed and city
staff contact information.

Reason for amendment:

1.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.

2.) To address State growth management requirements.


45.   Add a new Policy 1.12.2 as follows:
Policy 1.12.2
The City shall respond to comments received from governments and government
agencies regarding proposed annexations within the specified deadlines.

Reason for amendment:

1.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.

2.) To address State growth management requirements.


46.   Add a new Policy 1.12.3 as follows:
Policy 1.12.3
The City shall utilize and comply with the procedures of Miami-Dade County’s Boundary
Change Procedures as cited in Policy 1.5.1 of this element.

Reason for amendment:

1.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.

                                          103
2.) To reflect County requirement.


47.    Add a new Policy 1.12.4 as follows:
Policy 1.12.4
Upon annexing land into the City, the City shall adopt a Future Land Use Map and
zoning map to include the annexed area within one year. Until that time, the County’s
land development regulations and Comprehensive Development Master Plan will
continue to apply, as set forth in Chapter 171.062, Florida Statutes.

Reason for amendment:

1.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.

2.) To address State growth management requirements.


48.   Add a new Policy 1.12.5 as follows:
Policy 1.12.5
The City should resolve annexation issues consistent with the provisions of the Miami-
Dade County Code.

Reason for amendment:

1.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.

2.) To address State growth management requirements.


49.    Add a new Policy 1.12.6 as follows:
Policy 1.12.6
In situations that cannot be resolved by the Miami-Dade County Code, the affected
governments should establish an ad-hoc committee to study and offer a mutually
acceptable solution to the problem(s). The ad-hoc committee members shall be
appointed by the local elected bodies.

Reason for amendment:

1.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.

2.) To reflect County requirement.


50.   Add a new Objective 1.13 as follows:
Objective 1.13

                                         104
Coordinate affordable housing and workforce housing strategies with appropriate
governments and other public and private agencies.
Measure: This objective shall be measured by progress in implementing its policies.

Reason for amendment:

1.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.

2.) To address State growth management requirements.


51.     Add a new Policy 1.13.1 as follows:
Policy 1.13.1
The City shall actively participate, by attending meetings and providing comments, in
efforts to develop a regional solution, plan and/or program to resolve affordable housing
and workforce housing issues.

Reason for amendment:

1.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.

2.) To address State growth management requirements.


52.   Add a new Policy 1.13.2 as follows:
Policy 1.13.2
The City shall coordinate with local housing agencies, the South Florida Regional
Planning Council (SFPRC), and appropriate state housing organizations to identify
housing needs and strategies for housing attainment and affordability.

Reason for amendment:

1.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.

2.) To address State growth management requirements.


53.    Add a new Policy 1.13.3 as follows:
Policy 1.13.3
The City shall monitor the progress of the South Florida Regional Planning Council in
creating a regional affordable housing policy and evaluating how the regional strategy
could be supported by the City.

Reason for amendment:

1.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.

                                          105
2.) To address State growth management requirements.


54.   Add a new Policy 1.13.4 as follows:
Policy 1.13.4
The City shall coordinate with the U.S. Department of Housing and Urban Development
(HUD) in the administration of the City's Community Development Block Grant (CDBG)
program and/or other programs that may benefit the City.

Reason for amendment:

1.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.

2.) To address State growth management requirements.


55.   Add a new Policy 1.13.5 as follows:
Policy 1.13.5
The City shall use the State Housing Initiatives Partnership (SHIP) program allocations
to help maintain the existing housing stock and provide opportunities for home
ownership.

Reason for amendment:

1.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.

2.) To address State growth management requirements.


56.   Add a new Objective 1.14 as follows:
Objective 1.14
Coordinate with social service agencies and providers to maximize residents’ benefits
from social services and programs. Measures: Expanding at least one social service
program by 2015.

Reason for amendment:

1.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.


57.   Add a new Policy 1.14.1 as follows:
Policy 1.14.1
The City shall work closely with the Miami-Dade County School Board to expand
programs, including but not limited to after-school programs and dropout prevention
programs.

                                         106
Reason for amendment:

1.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.

2.) To address State growth management requirements.


58.   Add a new Policy 1.14.2 as follows:
Policy 1.14.2
The City shall pursue coordination with Miami-Dade College to explore the feasibility of
developing continuing adult education, GED preparation and workforce development
programs for North Miami Beach citizens by 2015.

Reason for amendment:

1.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.


59.    Add a new Policy 1.14.3 as follows:
Policy 1.14.3
The City shall continue to coordinate with Miami-Dade County regarding employment
training and opportunities for its workforce, including but not limited to job fairs, résumé
writing and interview skills.

Reason for amendment:

1.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.

2.) To address State growth management requirements.


60.    Add a new Policy 1.14.4 as follows:
Policy 1.14.4
In an effort to increase and retain skilled labor, the City shall coordinate with appropriate
agencies and businesses, both public and private, to develop job and vocation training
and apprenticeship opportunities for its residents by 2015.

Reason for amendment:

1.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.


61.   Add a new Policy 1.14.5 as follows:
Policy 1.14.5
The City should continue to work closely with the Miami-Dade Health Department.

                                            107
Reason for amendment:

1.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.

Reason for amendment:

1.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.


62.    Add a new Policy 1.14.5 as follows:
Policy 1.14.7
The City should utilize the resources of the South Florida Regional Planning Council to
help implement programs that will increase the literacy rate and high school graduation
rate.

Reason for amendment:

1.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.


63.   Add a new Policy 1.14.7 as follows:
Policy 1.14.7
The City should explore options and partnerships to increase the provision of affordable
and quality day care, after school care and evening childcare services for City residents
and employees.

Reason for amendment:

1.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.


64.     Add a new Policy 1.14.8 as follows:
Policy 1.14.8
The City should periodically review social services and programs offered within the area
and pursue partnerships as appropriate to increase the benefits of its residents as they
relate to the social services and programs.

Reason for amendment:

1.) In response to EAR Issue D., “Improve Intergovernmental Coordination”.




                                          108
                           APPLICATION 9.
           CITY OF NORTH MIAMI BEACH COMPREHENSIVE PLAN
     CAPITAL IMPROVEMENTS IMPLEMENTATION ELEMENT AMENDMENTS


1.    Replace Tables 10.1 and 10.2 (Attachment A) with the FY 2010 – 2014 Five Year
      Capital Improvements Schedule (Attachment B).

Reason for amendments:

1.) To address State growth management requirements.




                                       109
                           APPLICATION 10.
           CITY OF NORTH MIAMI BEACH COMPREHENSIVE PLAN
         MONITORING AND EVALUATION PROCEDURES AMENDMENTS

1.    Amend the Monitoring and Evaluation Procedures text as follows:

Data and Objectives Update:
Prior to 20020, the City will prepare a methodology for compiling and analyzing Census
data based on the 1992010 results. The methodology will include a compilation block
level and block group level data, will analyze data by neighborhood, and will be
integrated with the City’s GIS system. Upon receiving the data from the 20010 Census,
the City will repeat the data compilation and produce a comparative analysis.
As a part of the annual Planning and Zoning Board workshop, pertinent measurable
objectives will be the subject of review and comment by the staff preparing the status
report. In addition, the staff will review appropriate Miami-Dade publications and the
20010 U.S. Census data, as they become available; highlights will be included in the
report.
Five-Year Review:
In early 200311, the Community Development Director shall begin preparing the next
Evaluation and Appraisal Report in conformance with statutory requirements and with
special emphasis on the objectives and policies. The report will pinpoint obstacles to
plan implementation and, update baseline data, and meet other statutory requirements.
The due date for adoption is June 1, 2012.
Revised Objectives and Policies:
The planning staff shall prepare draft amendments to the goals, measurable objectives
and policies based upon the above, focusing on the 2004-2008 period but also including
longer term objectives. The citizen participation procedures used in preparing the 1989
Plan (plus any future modifications thereto) shall be used in amending the
Comprehensive Plan.

Reason for amendments:

1.) Update

2.) To address State growth management requirements.




                                         110
                 APPENDIX A.
Pages X-1 – X-2 of Adopted Comprehensive Plan




                     111
                APPENDIX B.
FY 2010 – 2014 Capital Improvements Schedule




                    112
                                                                                                                              10




                                                  PROPOSED 5-YEAR CAPITAL IMPROVEMENT PROJECTS FY 2011 - 2015
                                                                                              8/10/2010



NO           PROJECT NAME                         LOCATION                    BUDGET                                               FUNDING SOURCES


                                                                                                                                                           P&R IMPACT   COUNTY
                                                                                              TRANSIT     STATE G. A    CRA           CDBG       LWCG                             FEDERAL      LEASED   OTHERS       UTILITY    CITY
                                                                                                                                                              FEE       GAS TAX


                 FY 2011
                                            NE 23 Avenue & NE 172
1       Fulford Monument Restoration                                      $      40,000.00                                                                                                               $40,000
                                                    Street


2    Tennis Center Renovation- Phase II A Arthur Snyder Tennis Center     $    4,500,000.00                            $300,000                 $200,000                          $2,500,000            $1,500,000


        NE 169 Street Sitework/ Uleta     Between NE 15 Ave & NE 16
3                                                                         $      95,000.00                                                                              $95,000
             Recreation Center                      Ave


4    NE 136 Lane Drainage Improvement           Highland Village          $      50,000.00                                                                                         $50,000


5         Bus Shelters and Benches              Various locations         $     126,895.00     $126,895


                                           From NE 35 Ave to Golden
6            SR 826 Traffic Study                                         $      50,000.00                                                                                                               $40,000               $10,000
                                              Glades Interchange


7            IT Fire Suppression                    City Hall             $      50,000.00                                                                                                                                     $50,000


8        Crime Scene Area Enclosing              Police Building          $      75,000.00                                                                                                                                     $75,000


                                           Allen Park, Highland Drive &
9    Annual Street Resurfacing program                                    $     310,043.00     $310,043
                                                       Uleta

     Annual Swales Restoration Program
10                                     Allen Park, Uleta & Oakgrove       $      40,000.00     $30,000                                                                  $10,000
               (Final Phase)

11      Financial System Purchasing                 City Hall             $     230,000.00                                                                                                                                     $230,000


12         Citywide Trees Planting                  Citywide              $      20,000.00     $20,000



13    City Parks & Fencing Replacement     Highland Village, Allen Park   $     300,000.00                                           $250,000                                                                                  $50,000




                                                                                                                              1
                                                                                                                              10




                                                    PROPOSED 5-YEAR CAPITAL IMPROVEMENT PROJECTS FY 2011 - 2015
                                                                                              8/10/2010



NO           PROJECT NAME                           LOCATION                  BUDGET                                               FUNDING SOURCES


                                                                                                                                                           P&R IMPACT   COUNTY
                                                                                              TRANSIT     STATE G. A    CRA           CDBG       LWCG                              FEDERAL      LEASED   OTHERS       UTILITY    CITY
                                                                                                                                                              FEE       GAS TAX


        NE 172 Street / NE 170 Street
14                                           NE 170 ST & West Dixie Hyw   $     450,000.00     $100,000                              $300,000
       Drainage Improvement- Phase II


     Patricia Mishcon Field Renovation -
15                                              Patricia Mishcon Filed    $    2,100,000.00                $500,000    $100,000                            $1,500,000
                   Phase II


     City Hall / Public Services Crosswalk
16                                                 NE 19 Avenue           $      65,000.00     $65,000
                    Flashers


           NE 19 Avenue Roadway              Between NE 171 St & NE 183
17                                                                        $      65,000.00                                                                              $65,000
          Improvement (City Match)                      ST


                                                  TOTAL FY 2011           $    8,566,938.00    $651,938    $500,000    $400,000      $550,000   $200,000   $1,500,000   $170,000   $2,550,000     $0     $1,580,000     $0      $415,000




                                                                                                                              2
                                                                                                                                10




                                                  PROPOSED 5-YEAR CAPITAL IMPROVEMENT PROJECTS FY 2011 - 2015
                                                                                                8/10/2010



NO           PROJECT NAME                         LOCATION                      BUDGET                                               FUNDING SOURCES


                                                                                                                                                             P&R IMPACT    COUNTY
                                                                                                TRANSIT     STATE G. A    CRA           CDBG       LWCG                               FEDERAL      LEASED   OTHERS     UTILITY    CITY
                                                                                                                                                                FEE        GAS TAX


                FY 2012
                                           Between NE 15 Ave & NE 16
1    NE 165 Street Roadway Improvement                                      $     500,000.00                             $200,000      $300,000
                                                     Ave

2      Commercial Alleys Resurfacing                 Citywide               $     400,000.00                             $300,000                                          $100,000


3    Annual Street Resurfacing program         Oakgrove & Sunray            $      622,000.00    $284,000                                                                                                                        $338,000



4         Bus Shelters & Benches                Various locations           $     250,000.00     $50,000                                                                                                                         $200,000


     NE 161 Street Roadway & Drainage      Between NE 13 Ave & NE 15
5                                                                           $     350,000.00                                           $300,000                            $50,000
               Improvement                           Ave

         Citywide Sidewalk Repair /
6                                                    Citywide               $      50,000.00                                                                               $50,000
               Replacement

7        Victory Pool Water Feature                Victory Pool             $     400,000.00                                                                  $400,000

     Uleta Recreation Center Renovation-
8                                           Uleta Rec Center Complex        $    2,200,000.00                                                                 $1,000,000              $1,200,000
                   Phase II

9        Security Gate Replacement          Fleet Management Facility       $      50,000.00                                                                                                                                     $50,000


10       Pat Mishcon Filed - Phase II            Challenger Park            $    2,000,000.00                            $500,000      $500,000   $200,000                                                  $800,000


11         Citywide Trees Planting                   Citywide               $      20,000.00     $20,000

        McDonald Center Restrooms
12                                              McDonald Center             $     300,000.00                 $300,000
               Renovation

13          Taylor Park - Phase II                 Taylor Park              $    1,500,000.00                            $200,000                 $200,000    $500,000                                      $600,000

      Allen Park Exterior Improvement-
14                                               Allen Park field           $      80,000.00                                                                                                                                     $80,000
                  Phase II

15    Columbia Park Tot Lot Expansion      South side of existing tot lot   $      50,000.00                                                                                                                                     $50,000


     Schenkenberger Tot Lot Playground
16                                            Schenkenberger Park           $      40,000.00                                                                                                                                     $40,000
          Equipment Replacement




                                                                                                                                3
                                                                                                                                10




                                                   PROPOSED 5-YEAR CAPITAL IMPROVEMENT PROJECTS FY 2011 - 2015
                                                                                               8/10/2010



NO           PROJECT NAME                          LOCATION                    BUDGET                                                FUNDING SOURCES


                                                                                                                                                              P&R IMPACT   COUNTY
                                                                                               TRANSIT     STATE G. A     CRA           CDBG        LWCG                              FEDERAL      LEASED     OTHERS       UTILITY     CITY
                                                                                                                                                                 FEE       GAS TAX



17   Tennis Center Renovation- Phase II B          Tennis center           $    1,200,000.00                            $500,000                   $200,000                                                                          $500,000



                                               11 Crown Victoria & 1
18    Fleet Vehicles Replacement- Police                                   $     290,000.00                                                                                                        $290,000
                                                    Motorcycle


      Fleet Vehicles Replacement- Public
19                                          4- Pick-up, 1-van & 2-Loader   $     430,000.00                                                                                                        $430,000
                     Works


      Fleet Vehicles Replacement- Public    3-Pick-up, 1-van, 1-Sedan, &
20                                                                         $     117,000.00                                                                                                        $117,000
                    Utilities                    1-1 Ton Utility Truck


     Fleet Vehicles Replacement- Leisure 2 Heavy Duty trucks & 1 Chevy
21                                                                     $          70,000.00                                                                                                        $70,000
                   Services                        Cavalier



22   Fleet Vehicles Replacement- Finance               2-SUV               $      35,000.00                                                                                                        $35,000



23       CCTV System Improvement                   Police Building         $      15,000.00                                                                                                                                           $15,000



24      Security Access Card System                Police Building         $     150,000.00                                                                                                                                          $150,000



25          Enclosing the Atrium                   Police Building         $      25,000.00                                                                                                                                           $25,000



         Fleet Vehicles Wash System
26                                                 Public Works            $      46,000.00                                                                                                                                           $46,000
                 Upgradding


27      Library Roofing Replacement                   Library              $     200,000.00                                                                                                                                          $200,000


28     City Hall Restrooms Renovation           City Hall First Floor      $     100,000.00                                                                                                                                          $100,000


29     Telephone System Replacement                City Hall & PD          $     200,000.00                                                                                                                                          $200,000


                                                  TOTAL FY 2012            $   11,690,000.00    $354,000    $300,000    $1,700,000    $1,100,000   $600,000   $1,900,000   $200,000   $1,200,000   $942,000   $1,400,000     $0      $1,994,000



                                                                                                                                4
                                                                                                                            10




                                                 PROPOSED 5-YEAR CAPITAL IMPROVEMENT PROJECTS FY 2011 - 2015
                                                                                            8/10/2010



NO          PROJECT NAME                        LOCATION                    BUDGET                                               FUNDING SOURCES


                                                                                                                                                         P&R IMPACT   COUNTY
                                                                                            TRANSIT     STATE G. A    CRA           CDBG       LWCG                              FEDERAL      LEASED   OTHERS   UTILITY    CITY
                                                                                                                                                            FEE       GAS TAX


                FY 2013
        NE 167 Street & Miami Drive      Between NE 18 Avenue & NE
1                                                                       $     800,000.00                             $400,000      $400,000
          Roadway Improvement                    19 Avenue


2         Tennis Center - Phase III         Tennis center complex       $    1,400,000.00                            $500,000                 $200,000                                                                    $700,000


                                         Miami Drive / NE 14 Avenue /
3        Oakgrove Traffic Calming        NE 15 Avenue / NE 160 & NE     $     400,000.00                                           $400,000
                                           161 Street Intersections


                                         Government Center, Picwick &
4    Annual Street Resurfacing program                                $       622,000.00     $284,000                                                                                                                     $338,000
                                                  Skylake


5         Bus Shelters & Benches              Various locations         $     250,000.00     $50,000                                                                                                                      $200,000

       Washington Park Athletic Field
6                                             Washington Park           $    2,500,000.00               $1,000,000                            $250,000    $250,000               $1,000,000
           Expansion- Phase I

         Citywide Drainage Repair /
7                                                  Citywide             $      50,000.00     $50,000
               Replacement

                                           NE 151 St to NE 154 ST
       West Dixie Industrial District
8                                         between West Dixie Hwy &      $     800,000.00                 $500,000                                                     $300,000
     Roadway & Drainage Improvement
                                               Railroad track

                                                Police Building
9           Windows Treatment                                           $      36,000.00                                                                                                                                  $36,000
                                             (3rd floor south side)

11           Roof Leak Repair                 City Hall & Theater       $      55,000.00                                                                                                                                  $55,000


12          A/C Chiller Addition                   City Hall            $     180,000.00                                                                                                                                  $180,000


13   Emergency Generator Installation     Fleet Management Facility     $      60,000.00                                                                                                                                  $60,000


14       Building Exterior Painting       Fleet Management Facility     $      95,000.00                                                                                                                                  $95,000




                                                                                                                            5
                                                                                                                               10




                                                   PROPOSED 5-YEAR CAPITAL IMPROVEMENT PROJECTS FY 2011 - 2015
                                                                                              8/10/2010



NO           PROJECT NAME                         LOCATION                    BUDGET                                                FUNDING SOURCES


                                                                                                                                                            P&R IMPACT   COUNTY
                                                                                              TRANSIT     STATE G. A     CRA           CDBG       LWCG                              FEDERAL      LEASED       OTHERS   UTILITY     CITY
                                                                                                                                                               FEE       GAS TAX


15   Victory Pool Bathrooms Renovation             Victory Pool          $      300,000.00                                                       $150,000                                                                        $150,000


16         Citywide Trees Planting                   Citywide            $       20,000.00     $20,000


      Littman Park Tot Lot Playground
17                                                 Littman Park          $       40,000.00                                                                                                                                        $40,000
          Equipment Replacement


          Highland Village Fencing
18                                             Highland Village field    $       70,000.00                                                                                                                                        $70,000
                Replacement


19   Fleet Vehicles Replacement- Police     2 SUV & 11 Crown Victoria    $      320,000.00                                                                                                       $320,000


                                        3-Pick-up, 1- Light Duty Truck,
                                         1-1 Ton Cab Truck, 1-Wheel
     Fleet Vehicles Replacement- Public   Loader, 1- Semi Auto Co-
20                                                                      $       691,000.00                                                                                                       $691,000
                    Works               Mingle, 1- Front End Loader, 1-
                                          Farm Tractor & 1- Roll-Off
                                                     Truck


     Fleet Vehicles Replacement- Public
21                                                   1-Sedan             $       13,000.00                                                                                                        $13,000
                   Utilities


     Fleet Vehicles Replacement- Leisure
22                                             3-15 Passenger van        $      120,000.00                                                                                                       $120,000
                   Services


23   Fleet Vehicles Replacement- Finance              2_SUV              $       36,000.00                                                                                                        $36,000



24         Breezeway Conversion                   Police Building        $      175,000.00                                                                                                                                       $175,000



25     City Hall Restrooms Renovation      City Hall Second & Third Floor $     120,000.00                                                                                                                                       $120,000



26    Taylor Park Expansion - Phase III            Taylor Park           $     1,200,000.00                            $500,000                                                     $700,000


                                                  Total FY 2013          $    10,353,000.00    $404,000   $1,500,000   $1,400,000     $800,000   $600,000    $250,000    $300,000   $1,700,000   $1,180,000     $0       $0      $2,219,000




                                                                                                                               6
                                                                                                                                 10




                                                      PROPOSED 5-YEAR CAPITAL IMPROVEMENT PROJECTS FY 2011 - 2015
                                                                                                 8/10/2010



NO            PROJECT NAME                            LOCATION                   BUDGET                                               FUNDING SOURCES


                                                                                                                                                          P&R IMPACT   COUNTY
                                                                                                 TRANSIT     STATE G. A    CRA           CDBG      LWCG                           FEDERAL      LEASED   OTHERS   UTILITY    CITY
                                                                                                                                                             FEE       GAS TAX


                  FY 2014
                                               Between NE 12 Ave & NE 16
1    NE 162 Street Roadway Improvement                                      $      800,000.00                             $500,000      $300,000
                                                         Ave


2    Annual Street Resurfacing program         Windward & Biscayne South    $      622,000.00     $284,000                                                                                                                 $338,000


                                               Between NE 15 Ave & West
3     NE 171 Street Medians Landscape                                       $       80,000.00     $80,000
                                                       Dixie Hwy

                                                Between Snake Creek canal
4          NE 183 Street Bike Path                and NE 19 Avenue and       $     400,000.00                                           $400,000
                                               connection to Grreynolds Park

     Washington Park Expansion- Phase
5                                                   Washington Park         $     2,500,000.00                                                                                    $2,500,000
                    II

          Government Center Alleys
6                                                  Government Center        $      150,000.00     $50,000                               $100,000
                Resurfacing


     Citywide Street Light Upgrading and
7                                                       Citywide            $      200,000.00                                                                                                                              $200,000
                   Addition


8          Bus Shelters & Benches                   Various locations       $      250,000.00     $50,000                                                                                                                  $200,000


9      NE 170 Street On-Street Parking              East of NE 35 Ave       $      300,000.00                                                                          $300,000


           NE 10 Avenue Roadway                 Between NE 159 St & NMB
10                                                                          $      700,000.00     $200,000                              $500,000                                                                           $100,000
                Improvement                              Blvd


     Highland Village Tot Lot Playground
11                                                   Highland Village       $       50,000.00                                                               $50,000
          Equipment Replacement


12   City Facilities 40-Year Recertification            Citywide            $      150,000.00                                                                                                                              $150,000

      Eastern Shores Drainage Repair /
13                                                   Eastern Shores         $      700,000.00                                                                                     $700,000
               Replacement




                                                                                                                                 7
                                                                                                                               10




                                                   PROPOSED 5-YEAR CAPITAL IMPROVEMENT PROJECTS FY 2011 - 2015
                                                                                              8/10/2010



NO           PROJECT NAME                          LOCATION                   BUDGET                                                FUNDING SOURCES


                                                                                                                                                             P&R IMPACT   COUNTY
                                                                                              TRANSIT     STATE G. A     CRA           CDBG        LWCG                              FEDERAL      LEASED       OTHERS       UTILITY      CITY
                                                                                                                                                                FEE       GAS TAX

        Government Center Pavement
14                                              Government Center         $     100,000.00                                                                                           $100,000
                Marking

15         Citywide Trees Planting                   Citywide             $      20,000.00     $20,000



16   Tennis Center Renovation - Phase IV          Tennis Center           $    1,200,000.00                            $500,000                   $200,000                                                                             $500,000




17     City Hall Restrooms Renovation            City Hall 4th Floor      $     100,000.00                                                                                                                                             $100,000



     Eastern Shores Land Acquisition &
18                                                Eastern Shores          $     600,000.00                                                        $300,000    $300,000
               New Tot Lot


                                           30 Crown Victoria, 1 SUV & 1
19   Fleet Vehicles Replacement- Police                                   $     790,000.00                                                                                                        $790,000
                                                      Van


                                            2-S10 Pick-up, 2-1Ton Crew
     Fleet Vehicles Replacement- Public      Cab, 1-3/4 Ton Pick-up, 1-
20                                                                        $     544,000.00                                                                                                        $544,000
                    Works                   Wheel Loader, 1- Semi Auto
                                            Co-Mingle & 1-Front Loader


     Fleet Vehicles Replacement- Public    2-Wheel Loader, 2-Sedan, 1-
21                                                                        $     342,000.00                                                                                                                                  $342,000
                   Utilities                    SUV & 1-Pick-up


     Fleet Vehicles Replacement- Leisure
22                                             2-15 Passenger van         $      80,000.00                                                                                                         $80,000
                   Services



23   Fleet Vehicles Replacement- Finance              2-SUV               $      37,000.00                                                                                                         $37,000




24        City Facilities Renovation                 Citywide             $     500,000.00                                                                                                                                             $500,000




25      West Dixie Highway Widening        From NE 164 ST to NE 173 ST $       6,000,000.00                                                                                                                    $6,000,000



                                                  Total FY 2014           $   17,215,000.00    $684,000      $0        $1,000,000    $1,300,000   $500,000    $350,000    $300,000   $3,300,000   $1,451,000   $6,000,000   $342,000   $2,088,000



                                                                                                                               8
                                                                                                                                  10




                                                      PROPOSED 5-YEAR CAPITAL IMPROVEMENT PROJECTS FY 2011 - 2015
                                                                                                  8/10/2010



NO            PROJECT NAME                           LOCATION                     BUDGET                                               FUNDING SOURCES


                                                                                                                                                              P&R IMPACT   COUNTY
                                                                                                  TRANSIT     STATE G. A    CRA           CDBG      LWCG                              FEDERAL      LEASED     OTHERS       UTILITY    CITY
                                                                                                                                                                 FEE       GAS TAX


                 FY 2015

      NE 4 Place & NE 4 Court Roadway         Between NE 167 St & NE 168
1                                                                             $     400,000.00                                           $200,000                          $200,000
                Improvement                              St


                                               Eastern Shores & Highland
2    Annual Street Resurfacing program                                        $     622,000.00     $284,000                                                                                                                          $338,000
                                                        Village

3          Bus Shelters & Benches                   Various locations         $     250,000.00     $50,000                                                                                                                           $200,000


        Allen Park Tot Lot Playground
4                                                      Allen Park             $      50,000.00                                                      $50,000
           Equipment Replacement

          Washington Park Fencing
5                                                Washington Park field        $     150,000.00                                                                 $150,000
               Replacement

                                               NE 167 St over the Snake
6            NE 167 Street Bridge                                             $    5,610,850.00               $1,500,000   $500,000                                                   $3,610,850
                                                    Creek Canal

           Police Facilities Repair /
7                                                    Police facilities        $     100,000.00                                                                                                                                       $100,000
                Replacement

     Parks & Recreation Facilities Repair /
8                                                     Parks & Rec             $     100,000.00                                                                                                                                       $100,000
                Replacement

        Public Works Facilities Repair /
9                                                          PW                 $     100,000.00                                                                                                                                       $100,000
                Replacement

          City Hall Complex Repair /
10                                                      City Hall             $     100,000.00                                                                                                                                       $100,000
                Replacement


11         City Wide Trees Planting                 Various locations         $      30,000.00     $30,000


        NE 159 Street & Biscayne Blvd         Bisc Blvd / FEC Railroad / NE
12                                                                            $    4,500,000.00                            $500,000                                                                           $4,000,000
                Intersection                              159 ST


                                                 14 Crown Victoria & 1
13    Fleet Vehicles Replacement- Police                                      $     360,000.00                                                                                                     $360,000
                                                      Motorcycle




                                                                                                                                  9
                                                                                                                              10




                                                 PROPOSED 5-YEAR CAPITAL IMPROVEMENT PROJECTS FY 2011 - 2015
                                                                                            8/10/2010



NO           PROJECT NAME                       LOCATION                   BUDGET                                                  FUNDING SOURCES


                                                                                                                                                             P&R IMPACT    COUNTY
                                                                                             TRANSIT     STATE G. A     CRA           CDBG        LWCG                                  FEDERAL      LEASED      OTHERS       UTILITY      CITY
                                                                                                                                                                FEE        GAS TAX


     Fleet Vehicles Replacement- Public 1-S10 Pick-up, 1-3/4 Ton Pick-
14                                                                     $        61,000.00                                                                                                            $61,000
                    Works                  up & 1-1 Ton Crew Cab


     Fleet Vehicles Replacement- Public 1-S10 Pick-up, 1-Pick-up Truck
15                                                                     $       171,000.00                                                                                                                                     $171,000
                   Utilities                  & 1-Wheel Loader


     Fleet Vehicles Replacement- Leisure
16                                           3-15 Passenger van       $        120,000.00                                                                                                            $120,000
                   Services



17   Fleet Vehicles Replacement- Finance            2-SUV             $         38,000.00                                                                                                            $38,000



                                               TOTAL FY 2015          $     12,762,850.00    $364,000    $1,500,000   $1,000,000     $200,000    $50,000      $150,000     $200,000     $3,610,850   $579,000    $4,000,000   $171,000    $938,000


            Total 2011 to 2015                                        $    60,587,788.00    $2,457,938   $3,800,000   $5,500,000 $3,950,000     $1,950,000   $4,150,000   $1,170,000   $12,360,850 $4,152,000   $12,980,000   $513,000   $7,654,000




                                                                                                                              10
                                                                                               City of North Miami Beach
                                                                                                     17011 NE 19 Avenue
                                                                                             North Miami Beach, FL 33162
                                                                                                            305-947-7581
                                                                                                       www.citynmb.com


                                              MEMORANDUM


                                                        Print



TO:                           Mayor and City Council

FROM:                         Roslyn Weisblum, Acting Ctiy Manager

DATE:                         Tuesday, September 28, 2010



RE:                           Ordinance No. 2010-21 (Second and Final Reading)



BACKGROUND:                   In review of the City Code Section 3-3.11 "Guaranteed Energy Savings
                              Contract" it currently states that the City may only enter into an agreement of
                              this nature for a term no longer than ten (10) years, although Florida State
                              Statute 489.145 provides for a maximum financing term of twenty (20) years.
                              At the time this language was added to the City Code the term was ten (10)
                              years, however since then the state statute has been amended to allow for a
                              twenty (20) year financing term. This requested change will make financing
                              of large capital items more economically feasible by extending the term for
                              repayment of these types of projects.

RECOMMENDATION:               It is the staff's recommendation that the City Code Section 3-3.11 be amended
                              to reflect the attached proposed changes.

FISCAL IMPACT:                The annual cost of the project will be significantly reduced by increasing the
                              period allowable for financing.

CONTACT PERSON(S):            Bernard McGriff, Asst. City Manager
                              Brian O'Connor, Chief Procurement Officer




ATTACHMENTS:
      Ordinance No. 2010-21
                                  ORDINANCE NO. 2010-21


       AN ORDINANCE AMENDING CHAPTER III OF THE CODE OF
       ORDINANCES OF THE CITY OF NORTH MIAMI BEACH, FLORIDA,
       ENTITLED PURCHASING AND IN PARTICULAR SECTIONS 3-3.11c.
       AND 3-3.11d. TO INCREASE FROM TEN YEARS TO TWENTY YEARS
       THE CONTRACT TERM AND PERIOD FOR PAYMENTS FOR
       GUARANTEED ENERGY SAVINGS CONTRACTS; PROVIDING FOR
       THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN
       CONFLICT HEREWITH; PROVIDING FOR THE CODIFICATION OF
       THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE.

       WHEREAS, the City of North Miami Beach Code provides that the City may enter into a

guaranteed energy savings contract with a qualified provider to significantly reduce energy or

operating costs through one or more energy conservation measures, in compliance with Section

489.145, Florida Statutes; and

       WHEREAS, the City of North Miami Beach Code section pertaining to guaranteed energy

savings contracts provides for a maximum 10-year period for the contract term and for payments

to be made from the savings in energy costs, which include the energy-saving measures,

professional fees and financing; and

       WHEREAS, it would not be economically feasible for the City to enter into a guaranteed

energy performance savings contract providing for a maximum 10-year contract term and 10-year

period for payments, while the annual cost of the project would be significantly reduced by

increasing the contract term and the period allowable for financing beyond ten years; and

       WHEREAS, as acknowledged in the City Code, guaranteed energy performance savings

contracts are governed by Section 489.145, Florida Statutes; and

       WHEREAS, Section 489.145(4)(g), Florida Statutes, provides, in relevant part, that the

contract may extend beyond the fiscal year in which it becomes effective and may be

automatically renewed annually up to twenty (20) years; and

                                   ORDINANCE NO. 2010-21

                                                                                            1
       WHEREAS, Section 489.145(4)(c), Florida Statutes, provides for a period not to exceed

twenty years for the installment payments that are to be made from the savings in energy costs;

and

       WHEREAS, it is necessary to amend the referenced City Code Section in order to enter

into a guaranteed energy, water, and wastewater performance savings contract and to be consistent

with the longer contract term in Section 489.145(4)(g) of the Florida Statutes and the longer

installment payment period in Section 489.145(4)(c) of the Florida Statutes; and

       WHEREAS, the Mayor and City Council of the City of North Miami Beach recognize that

amending the City Code so that the City may enter into a guaranteed energy, water, and

wastewater performance savings contract would result in beneficial cost savings to the City; and

       WHEREAS, the Mayor and City Council of the City of North Miami Beach further

recognize that amending the City Code will provide clarity and consistency in the laws applicable

to guaranteed energy performance savings contracts.

       NOW, THEREFORE,

       BE IT ORDAINED by the City Council of the City of North Miami Beach, Florida.

       Section 1. The foregoing recitals are true and correct.

       Section 2. Chapter III, entitled Purchasing, of the North Miami Beach City Code is hereby

amended as follows:


3-3.11 Guaranteed Energy Savings Contract.

  The City may enter into a guaranteed energy savings contract with a qualified provider to
significantly reduce energy or operating costs through one or more energy conservation
measures, in compliance with Section 489.145, Florida Statutes.
   a. The qualified provider shall be selected in compliance with Section 287.055, Florida
Statutes.
   b. The provider must provide a guarantee that savings will meet or exceed the cost of energy
conservation measures. Provider shall provide a one hundred (100%) percent performance bond.

                                   ORDINANCE NO. 2010-21

                                                                                                   2
  c. The contract may extend beyond the fiscal year in which it becomes effective; however,
the term of any contract expires at the end of the fiscal year and may be automatically renewed
annually up to ten (10) twenty (20) years, subject to annual appropriations based upon continued
realized energy savings.
  d. Payments, which include the energy-saving measures, professional fees and financing,
shall be made from the savings in energy costs for a term not to exceed ten (10) twenty (20)
years.

       Section 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed.

       Section 4. If any section, subsection, clause or provision of this ordinance is held invalid

the remainder shall not be affected by such invalidity.

       Section 5. It is the intention of the City Council of the City of North Miami Beach and it is

hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code

of Ordinances of the City of North Miami Beach, Florida. The Sections of this Ordinance may be

renumbered or relettered to accomplish this intention and the word “Ordinance” may be changed to

“Section”, “Article” or other appropriate word as the codifier may deem fit.

       APPROVED BY TITLE ONLY on first reading this 17th day of August, 2010.

       APPROVED AND ADOPTED on second reading this __ day of September, 2010.


ATTEST:
______________________                                ______________________
SUSAN A. OWENS                                        MYRON ROSNER
CITY CLERK                                            MAYOR

(CITY SEAL)
                                                      APPROVED AS TO FORM

                                                      _______________________
                                                      DARCEE S. SIEGEL
                                                      CITY ATTORNEY
Sponsored by: Mayor and City Council




                                    ORDINANCE NO. 2010-21

                                                                                                    3

				
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