Police impact fees, public works review process, school overcrowding ordinances - Miami-Dade Legislative Update

South Florida CEO, Jan, 2004 by Joe Goldstein

School Overcrowding

School overcrowding issues remain unresolved. Questions swirl around such topics as school concurrency and another bond issue. During the past several months, the Miami-Dade County School Board and the County Commission have both either adopted or are considering resolutions regarding the reduction of school overcrowding and school concurrency. Initially, the BASF was opposed to both of these resolutions. After meeting with School Board and County Commission officials, both resolutions were revised significantly to reflect the goal of school overcrowding reduction--not school concurrency--as the main discussion point. BASF will continue to actively participate in these discussions.

Platting Process

BASF and other industry groups have expressed a desire to meet with county staff to find ways that might assist in expediting the county's platting process. Thus far representatives have met with or are scheduled to see senior county staff to review this matter.

Police Impact Fees

The Miami-Dade Police Department is proposing a 250-percent increase in the police impact fee, which could become effective in the fall of 2004. The fee for residential construction would rise from its current $98 per unit to $268. The fee for non-residential construction is also rising, from $.14 per square foot to $.28 per square foot. BASF and Latin Builders Association members met jointly and discussed this very high fee increase. Both groups will meet again with Police Department staff to review key elements of the fee and seek a reduction.

Omnipoint Repair Ordinance

A key "repair ordinance" was completed late this spring. The so-called "modifications ordinance" established procedures for granting modifications of previously approved site plans. Since there are so many scenarios regarding previous approvals, work on this ordinance took nearly six months. Since then, the Omnipoint case was overturned and BASF representatives continue to work with county staff regarding these issues.

Zoning Code Rewrite

The nearly three-year project to re-format and update Miami-Dade County's Zoning Code is almost complete, and is entering the public meetings and hearing stage. BASF members have been working closely with Miami-Dade County staff on this effort for the entire time. Issues remaining: duration of a phase-in period, and a practical effective date.

Master Plan's Evaluation and Appraisal Report

BASF's Planning and Zoning Subcommittee played an important role in providing comments for the master plan's Evaluation and Appraisal Report (EAR). Key concerns included the potential lack of available residential land, and no current proposal to either expand the plan's boundary or to increase residential densities. Based on initial reviews of the population projections, Miami-Dade County could run out of land for new residential construction within 13 to 15 years. These concerns were presented to the Miami-Dade County Planning Advisory Board at its meeting on October 20, and again to the County Commission at its meeting on October 22.

Smoke Evacuation Proposal

Due to a lawsuit relating to Broward County's version of smoke evacuation requirements, BASF members are helping to prepare several smoke evacuation methods and testing criteria for consideration by the Florida Building Commission during the current code amendment cycle. BASF High-Rise Council members are working together with a key law firm member to prepare the proposal.

by Joe Goldstein, Esq., Akerman Senterfitt Chair, BASF Dade Legislative Committee