§ 33-337. Educational facilities standards.

(A)

CA-B.

(1)

Required information. Except as otherwise provided in Section 33-336(B)(5), all applicants for educational facilities in the CA-B sub-zone shall submit the following applicable information to the Department in accordance with the filing provisions of Article XXXVI of this Chapter for review by the Department and for consideration at public hearing.

(a)

Written information.

(1)

Total size of the site. Gross and net figures shall be provided.

(2)

Maximum number of students to be served

(3)

Maximum number of teachers and administrative and clerical personnel

(4)

Maximum number of classrooms and total square footage of classroom space

(5)

Total square footage of non-classroom space

(6)

Amount and location of exterior recreational/play area in square footage

(7)

Maximum number and type of vehicles that will be used in conjunction with the operation of the facility.

(8)

Number of parking spaces provided for staff, visitors, and transportation and operation vehicles, and justification that those spaces are sufficient for this facility

(9)

Grades or age groups that will be served

(10)

Days and hours of operation, weekly and annually

(11)

An explanation of any such activities anticipated to be conducted in association with the educational facility but typically conducted outside of the hours of operation of the educational facility

(12)

Means of compliance with requirements by the Miami-Dade County Fire Department, Miami-Dade County Department of Public Health, the Department of Health and Rehabilitative Services, and any Federal or State regulations applicable to the specific application

(13)

A copy of the charter approved by the Miami-Dade County Public School Board in the case of a charter school.

(14)

Where an educational facility is to be operated in a structure simultaneously used as a residence, religious facility or other type of facility, the area which will be specifically used for the educational facility during the hours of operation shall be clearly defined.

(15)

The applicant for approval of an educational facility shall additionally provide explanation regarding any activities anticipated to be conducted in conjunction with the educational facility, including, but not limited to, adult education classes, community outreach facilities, and civic building use. Such uses not determined by the Director to be directly associated with the educational facility operation shall require approval as otherwise specified within this Code.

(b)

Graphic information. The following graphic information shall be prepared by design professionals, such as registered Florida architects and landscape architects:

(1)

A plan indicating existing zoning on the site and adjacent areas

(2)

A plan indicating the applicable and adjacent sub-zones of the Airport Land Use Zoning Map for Miami International Airport and Surrounding Area and distances from the application property line to the nearest property line of each sub-zone, and a plan depicting the maximum structure height in the applicable Airport Height Zoning Area Map for Miami International Airport.

(3)

A dimensioned site plan drawn to scale indicating the following:

(a)

Location of all structures and setback dimensions from all property lines

(b)

Parking area layout, automobile stacking area for drop-off and pick-up of children, and drives

(c)

Walkways

(d)

Location of recreation areas and play equipment which shall include surrounding fences and/or walls

(e)

Any other features which can appropriately be shown in plan form.

(4)

Floor plans and elevations of all proposed structures.

(5)

Landscape development plan listing quantities, size, height and names of all plants.

(2)

Exception Standards. Except as otherwise provided in Section 33-336(B)(5), the establishment of an educational facility is permitted in the CA-B sub-zone after public hearing upon demonstration that the following standards have been met, when not otherwise in conflict with the requirements for school districts established by the Florida Statutes:

a.

Public policy standard. For each new educational facility or an expansion or modification to an existing educational facility, there shall be specific findings made that the public policy reasons for allowing construction of such a facility or expansion outweigh health and safety concerns of such construction at the specified location. The phrase "public policy reasons" includes the need for additional student stations to serve the immediate population within a specified area, as determined by data supplied by Miami-Dade County Public Schools.

b.

No comparable site. Evidence that no suitable comparable site exists outside of the CA-B sub-zone where the facility could be located.

c.

Impact on aviation related industrial or commercial operations and activities. Where educational facilities are proposed in or adjacent to industrial or commercial areas it shall be clearly demonstrated, in graphic form and otherwise, how the impact on the commercial or industrial area has been minimized through site design techniques, traffic control methods and/or operational modifications. In particular it shall be clearly demonstrated how the impact on operations of those commercial and/or industrial areas whose primary mode of transport for goods is Miami International Airport is minimized.

d.

Operation of the airport. No public hearing approval, or any condition or restriction on such approval, shall impose or result in any limitation or operational modification associated with the operation of the airport.

e.

Objection of transportation authorities. Objections to the application by the Federal Aviation Administration (FAA) or the Florida Department of Transportation (FDOT) have been satisfactorily addressed.

f.

Ingress, egress and traffic compatibility. Traffic generated by the users of the facility shall be controlled to an extent so that congestion is not created on adjoining rights-of-way and so that the ingress or egress of vehicles and/or pedestrians to, or associated with, the lawful use of adjoining properties is not impeded. The applicant shall demonstrate in its application how such control will be implemented and maintained through the use of traffic control measures, including by not limited to, traffic enforcement officers, hours of operation, speed limits and signalization.

g.

Auto Stacking. Designated area(s) for auto stacking shall be included on any site plan for an educational facility and shall be located the farthest distance possible from the principal points of ingress/egress to the site. Sufficient auto stacking spaces shall be provided on site to eliminate any spillover of waiting vehicles onto adjacent rights-of-way or adjacent properties.

h.

Hours of operation. The hours of operation of the facility shall not cause or create pedestrian and/or vehicular conflicts with the lawful use of adjoining properties. The hours of operation of all activities associated with the educational facility shall be limited to those reasonable hours deemed compatible with the use of adjoining properties.

i.

Environmental hazard potential. The educational facility, expansion or modification shall not be located on any site that poses an environmental hazard potential to users of, or visitors to, the facility.

j.

CDMP standards. The educational facility, its site and operations, shall be consistent with the goals objectives and policies of the Comprehensive Development Master Plan, in particular those policies which seek to maximum compatibility of land use around airports.

k.

Transportation Safety Analysis. Historical transportation safety data shall be provided to demonstrate that the transportation of students via bus to a reasonable alternative educational facility site may place students at a greater safety risk than if the proposed educational facility is located in the CA-B sub-zone. Such data shall include but not be limited to, data on school bus accidents as compiled by Miami-Dade County Public Schools.

l.

Noise. Educational facilities with outdoor recreational areas shall not be located in the vicinity of any nonresidential property from which noise exceeding sixty (60) decibels at the property line is produced.

m.

Gas transmission or fuel facilities. Educational facilities shall not be located on a site within one hundred (100) feet of any gas transmission line or fuel facilities.

n.

Emergency access. Unobstructed on-site access for emergency equipment shall be provided.

o.

Circulation. Internal vehicular and pedestrian circulation systems shall be designed to function with existing and/or approved systems outside the development. Vehicular traffic generated from the educational facility should be routed in such a manner as to minimize impact on surrounding development.

p.

Signs and outdoor lighting. All lighting, signs or permanent outdoor advertising or identification features shall be designed as an integral part of and be harmonious with the building design and shall not interfere with the continued use and operation of Miami International Airport.

q.

Roof installations and facilities. All permitted installations housing mechanical or other equipment located on the roof shall be screened from ground view and from the view at the level at which the installations are located, and shall not interfere with the continued use and operation of Miami International Airport.

(B)

CA-C.

(1)

Public policy determination. The establishment, expansion or modification of an educational facility is permitted in the CA-C sub-zone without a public hearing. As to new educational facilities or expansions of existing educational facilities within the CA-C sub-zone, the Board finds that the public policy reasons for allowing construction of such facilities or expansions outweigh health and safety concerns of such construction, where the requirements of this subsection are met. The phrase "public policy reasons" is defined as the need for additional student stations to serve the immediate population within a specified area, as determined by data supplied by Miami-Dade County Public Schools.

(2)

Required information. All applicants for educational facilities in the CA-C sub-zone shall submit to the department the information required in paragraph (A)(1)(a) and (b) above.

(3)

Site Plan Review Criteria. Except as otherwise provided in Section 33-336(B)(5) and when not in otherwise in conflict with requirements for public school districts established by the Florida Statutes, for both unincorporated and incorporated areas, the Department shall review plans and required information for new educational facilities, and expansions and modifications to existing educational facilities for compliance with the zoning regulations and for compliance with the site plan review criteria. The decision of the Department pursuant to the site plan review criteria may be appealed to the Board of County Commissioners within thirty (30) days after decision is rendered in writing. The purpose of the site plan review is to encourage logic, imagination and variety in the design process and thereby insure the congruity of the proposed development and its compatibility with the surrounding and adjacent areas. All final plans submitted for building permits shall be substantially in compliance with plans approved under the plan review procedure herein established.

The following criteria shall be utilized by the Department and by the Board, upon appeal, in the review process, when not otherwise in conflict with requirements for school districts established by the Florida Statutes:

(1)

CDMP standards. The educational facility, its site and operations, shall be consistent with the goals, objectives and policies of the Comprehensive Development Master Plan, in particular those policies contained within the Land Use Element which seek to maximize compatibility of land use around airports.

(2)

Planning studies. Planning studies approved by the Board of County Commissioners that include development patterns or environmental and other design criteria shall be considered in the plan review process.

(3)

Landscape. Landscape shall be preserved in its natural state insofar as is practicable by minimizing removal of existing vegetation. Landscape shall be used to shade and cool, enhance architectural features, relate structure design to the site, visually screen non-compatible uses and ameliorate the impact of noise.

(4)

Compatibility. The architectural design and scale of the proposed structures shall be compatible with surrounding existing or proposed uses or shall be made compatible by the use of screening elements. Screening elements can include such devices as trees and shrubs, walls and fencing, berming or any combination of these elements. Visual buffering shall be provided between parking and service areas and adjacent uses.

(5)

Impact on industrial or commercial operations and activities. Where educational facilities are proposed in or adjacent to, industrial or commercial areas it shall be clearly demonstrated in graphic form and otherwise, how the impact on the commercial or industrial area has been minimized through site design techniques, traffic control methods and/or operational modifications. In particular it shall be clearly demonstrated how the impact on operations of those commercial and/or industrial areas whose primary mode of transport for goods is Miami International Airport is minimized.

(6)

Environmental hazard potential. The educational facility, expansion or modification shall not be located on any site that poses an environmental hazard potential to users of or visitors to the facility.

(7)

Emergency access. Unobstructed on-site access for emergency equipment shall be provided.

(8)

Circulation. Internal vehicular and pedestrian circulation systems shall be designed to function with existing and/or approved systems outside the development. Vehicular traffic generated from the educational facility should be routed in such a manner as to minimize impact on surrounding development.

(9)

Ingress, egress and traffic compatibility. Traffic generated by the users of the facility shall be controlled to an extent so that congestion is not created on adjoining rights-of-way and so that the ingress or egress of vehicles and/or pedestrians to, or associated with, the lawful use of adjoining properties is not impeded. The applicant shall demonstrate in its application how such control will be implemented and maintained through the use of traffic control measures, including by not limited to, traffic enforcement officers, hours of operation, speed limits and signalization.

(10)

Transportation safety analysis. Historical transportation safety data shall be provided to demonstrate that the transportation of students via bus to a reasonable alternative educational facility site outside the CA-C may place students at a greater safety risk than if the proposed educational facility is located at the application site in the CA-C sub-zone. Such data shall include but not be limited to, data on school bus accidents as compiled by Miami-Dade County Public Schools.

(11)

Hours of operation. The hours of operation of the facility shall not cause to create pedestrian and/or vehicular conflicts with the lawful use of adjoining properties. The hours of operation of all activities associated with the educational facility shall be limited to those reasonable hours deemed compatible with the use of adjoining properties.

(12)

Auto Stacking. Designated area(s) for auto stacking shall be included on any site plan for an educational facility and shall be located the farthest distance possible from the principal points of ingress/egress to the site. Sufficient auto stacking spaces shall be provided on site to eliminate any spillover of waiting vehicles onto adjacent rights-of-way or adjacent properties.

(13)

Signs and outdoor lighting. All lighting, signs or permanent outdoor advertising or identification features shall be designed as an integral part of and be harmonious with the building design and shall not interfere with the continued use and operation of Miami International Airport.

(14)

Roof installations and facilities. All permitted installations housing mechanical or other equipment located on the roof shall be screened from ground view and from the view at the level at which the installations are located, and shall not interfere with the continued use and operation of Miami International Airport.

(4)

Notice. Published notice of an application for site plan review shall be provided in the manner prescribed for laymans' notice prescribed in Section 33-310(c)(1)(B) of this Code. Within fifteen (15) days after the decision on the application, notice of the Director's decision shall be published in a newspaper of general circulation. Any aggrieved person may appeal the Director's decision pursuant to Section 33-314 within thirty (30) days after the date of newspaper publication.

(C)

Upon execution of an interlocal agreement with a municipality, the County may delegate to such municipality the powers and duties of the Department of Planning and Zoning or the Board of County Commissioners under this section pertaining to the CA-B and CA-C sub-zone. Any such agreement shall provide for the application of all requirements, standards and procedures contained herein.

(Ord. No. 69-39, § 8, 7-9-69; Ord. No. 78-78, § 1, 11-7-78; Ord. No. 86-83, § 1, 10-28-86; Ord. No. 04-203, § 8, 11-30-04)