11-06-2008
A~ City of
nventura
-a.
~TI"(ifl""';~
LocalPlanning-Ag-enc:y
Susan Gottlieb, Mayor
City Manag-er
Eric M. Soroka, lCMA-CM
Zev Auerbach
Bob Diamond!
T eri Holzberg
Billy Joel
Michael Stern
Luz Urbaez Weinberg
City Clerk
Teresa M. Soroka, MMC
City Attornev
Weiss Serota Helfman
Pastoriza Cole & Boniske
LOCAL PLANNING AGENCY
AGENDA
NOVEMBER 6, 2008 - 6 PM
Aventura Government Center
]9200 West Country Club Drive
A ventura, Florida 33] 80
1. CALL TO ORDER\ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF MINUTES:
January 8, 2008
4. PUBLIC HEARING: MOTION RECOMMENDING ADOPTION OF THE
FOLLOWING ORDINANCES:
A. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
AMENDING THE CITY OF A VENTURA COMPREHENSIVE PLAN BY
AMENDING POLICY 4.19 OF OBJECTIVE 4 OF THE CAPITAL
IMPROVEMENTS ELEMENT TO ADOPT BY REFERENCE THE CITY
OF A VENTURA 2008/09-2012/13 CAPITAL IMPROVEMENT
PROGRAM; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE COMPREHENSIVE PLAN; AND PROVIDING
FOR AN EFFECTIVE DATE.
B. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
AMENDING SECTION 31-239 OF THE CITY'S LAND DEVELOPMENT
REGULATIONS ENTITLED "COMPLIANCE WITH
COMPREHENSIVE PLAN" TO ADD LEVEL OF SERVICE
STANDARDS FOR EDUCATION AS SECTION 31-239 (1)(8);
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE; PROVIDING FOR AN EFFECTIVE DATE.
5. ADJOURNMENT
This meeting is open to the public. [n accordance with the Americans with Disabilities Act of ] 990, all persons who are disabled and
who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk,
305-466-8901, not later than two days prior to such proceeding. Anyone wishing to appeal any decision made by the City of Aventura
Local Planning Agency with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for
such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based. Agenda items may be viewed at the Office of the City Clerk, City of Aventura
Government Center, ] 9200 West Country Club Drive, A ventura, Florida, 33 ] 80. Anyone wishing to obtain a copy of any agenda item
should contact the City Clerk at 305-466-8901. One or more members of the City of Aventura Advisory Boards may also be in
attendance.
A~
e.
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MINUTES
LOCAL PLANNING AGENCY
MEETING
JANUARY 8, 2008 6 PM
Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by
Mayor Susan Gottlieb. Present were Commissioners Zev Auerbach, Teri Holzberg,
Billy Joel, Michael Stern, Luz Urbaez Weinberg (arrived at 6:03 p.m.), Vice Mayor
Bob Diamond, Mayor Gottlieb, City Manager Eric M. Soroka, City Clerk Teresa M.
Soroka, City Attorney David M. Wolpin. As a quorum was determined to be
present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: Led by Julie Israel.
3. APPROVAL OF MINUTES: A motion to approve the minutes of the October 2,
2007 LPA Hearing was offered by Commissioner Joel, seconded by Commissioner
Auerbach, and unanimously passed.
4. PUBLIC HEARING: MOTION RECOMMENDING ADOPTION OF THE
FOLLOWING ORDINANCES:
A. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
SECTION 31-171(a)(6) "OFF-STREET PARKING, LOADING AND DRIVEWAY
STANDARDS" OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO
PERMIT MECHANICAL PARKING LIFTS TO BE COUNTED AS REQUIRED
PARKING SPACES SUBJECT TO CERTAIN CONDITIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING
FOR AN EFFECTIVE DATE.
Planning Director Joanne Carr addressed the Commission and entered the staff
report into the record. Mayor Gottlieb opened the public hearing. The following
individuals addressed the Commission: Brian Adler, 200 SE Biscayne
Boulevard, Suite 2500, Miami, FL. There being no further speakers, the public
hearing was closed. A motion to recommend approval was offered by
Commissioner Auerbach, and seconded by Commissioner Diamond. The motion
passed unanimously.
B. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
SECTION 31-144(e) "OFFICE PARK (OP) DISTRICT" OF THE CITY'S
LAND DEVELOPMENT REGULATIONS TO PERMIT DISPLAY
SHOWROOMS AS A CONDITIONAL USE SUBJECT TO CERTAIN
CONDITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE.
Ms. Carr addressed the Commission and entered the staff report into the record.
Mayor Gottlieb opened the public hearing. The following individuals addressed
the Commission: Cliff Schulman, Esq., Greenberg Traurig. There being no
further speakers, the public hearing was closed. A motion to recommend
approval was offered by Commissioner Joel, and seconded by Commissioner
Holzberg. The motion passed unanimously.
C. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
CHAPTER 2, "ADMINISTRATION", ARTICLE IV "FINANCE", DIVISION
5 "IMPACT FEES", TO CREATE SECTION 2-302 ESTABLISHING A
TRANSPORTATION MITIGATION IMPACT FEE AND SCHEDULE FOR
MITIGATION OF TRANSPORTATION IMPACTS BY NEW
DEVELOPMENT; PROVIDING FOR TRANSPORTATION MITIGATION
IMPACT FEE COMPUTATION FORMULA; PROVIDING FOR
EXEMPTIONS; PROVIDING FOR IMPACT FEE EXPENDITURES;
PROVIDING FOR ESTABLISHMENT OF A TRANSPORTATION
MITIGATION IMPACT FEE FUND; PROVIDING FOR INCLUSION IN
THE CODE; PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Ms. Carr addressed the Commission and entered the staff report into the record.
Mayor Gottlieb opened the public hearing. The following individuals addressed
the Commission: Truly Burton, representing the Builders Association of South
Florida. There being no further speakers, the public hearing was closed. A
motion to recommend approval was offered by Commissioner Stern, and
seconded by Commissioner Joel. The motion passed unanimously.
5. ADJOURNMENT: There being no further business to come before the Local
Planning Agency, the meeting adjourned.
Teresa M. Soroka, MMC, City Clerk
Approved by the LPA on
2
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, IC
City Manager /
BY: Joanne Carr, AICP
Community Developm
DATE: October 14, 2008
SUBJECT: Petition of the City of Aventura to Amend the City of Aventura
Comprehensive Plan by amending the Capital Improvements Element
to adopt by reference the City's 2008/09 - 2012/13 Capital
Improvement Program (01-CPA-09)
November 6, 2008 Local Planning Agency Meeting Agenda Item ;.f 4
November 6, 2008 City Commission Meeting Agenda Item _
January 13, 2009 City Commission Meeting Agenda Item _
RECOMMENDATION
It is recommended that the City Commission approve an amendment to Policy 4.19
of the Capital Improvements Element of the City of Aventura Comprehensive Plan to
adopt the 2008/09 - 2012/13 Capital Improvement Program by reference as an
update to the City's Capital Improvements Element.
THE REQUEST
City staff is requesting an amendment to Policy 4.19 of the
Capital Improvements Element of the City of Aventura Comprehensive Plan to adopt
the City's most recent Capital Improvement Program into the Plan.
BACKGROUND
Section 163.3177(3)(b)1., Florida Statutes, requires that the City annually adopt, by
December 1 of each year, its most recently approved Capital Improvements
Schedule into the Comprehensive Plan. The proposed amendment adopts by
reference the current Capital Improvements Schedule contained within the 2008/09 -
1
2012/13 Capital Improvement Program approved by the City Commission on June 3,
2008 through Resolution No. 2008-29.
THE AMENDMENT
The proposed amendment is to Policy 4.19 of the Capital Improvements Element of
the Comprehensive Plan, as follows 1:
"Policy 4.19
The City of Aventura 2007/08 2011/12 2008/09 - 2012/13 Capital Improvement
Program and the Capital Improvements Schedule included therein, contains a schedule
of projects that the City shall implement in order to meet its adopted Level of Service
standards and ensure the financial feasibility of this Comprehensive Plan. The 2007/08
2011/12 2008/09 - 2012/13 Capital Improvement Program is hereby adopted by
reference as part of the Capitallmprovement~ Element."
ANAL YSIS
Section 31-53 of the City's Land Development Regulations provides that the
Comprehensive Plan may be amended in accordance with that section and in
accordance with the notice and hearing procedures set forth in both the Land
Development Regulations and the applicable Florida Statutes.
Section 163.3177(3)(b)1. of the Florida Statutes requires that the annual update of
the City's Capital Improvement Schedule be adopted into the Comprehensive Plan
by ordinance. Section 163.3177(3)(b) 2. provides that adoption of the annual update
to the Plan is not subject to review and comment by the State and other agencies
before adoption.
Notice of the proposed amendment has been properly published. Once adopted by
the City Commission, a copy of the ordinance will be provided to the Florida
Department of Community Affairs (DCA) as evidence of the City's compliance with
Section 163.3177(3)(b)1. of the Florida Statutes.
1 Underlined text indicates insertions. Stricken-through text indicates deletions.
2
ORDINANCE NO. 2009-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE CITY OF AVENTURA COMPREHENSIVE PLAN BY AMENDING
POLICY 4.19 OF OBJECTIVE 4 OF THE CAPITAL IMPROVEMENTS
ELEMENT TO ADOPT BY REFERENCE THE CITY OF AVENTURA
2008/09-2012/13 CAPITAL IMPROVEMENT PROGRAM; PROVIDING
FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE
COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Section 163.3177(3)(b)1. of the Florida Statutes requires
municipalities to annually adopt an updated Capital Improvements Schedule and to
amend the Capital Improvements Element in the Comprehensive Plan to include the
updated Schedule; and
WHEREAS, at a public hearing on November 6, 2008, the City of Aventura Local
Planning Agency reviewed the proposed update to the Capital Improvements Element,
found the proposed change to be consistent with the City of Aventura Comprehensive
Plan and recommended approval of the update to the City Commission.
WHEREAS, the City Commission has conducted a first and second reading of the
proposed ordinance amending Policy 4.19 of the Capital Improvements Element of the
Comprehensive Plan to adopt by reference the current Capital Improvements Schedule
contained within the City's 2008/09 - 2012/13 Capital Improvement Program at duly
noticed public hearings as required by law and finds that based on the City of Aventura
Local Planning Agency's recommendation, the recommendation of staff and comments
from the public, the proposed amendment to update the Capital Improvements Element
will not result in any adverse impacts on any infrastructure system that will exceed
established level of service standards and is otherwise consistent with the goals,
objectives and policies of the Comprehensive Plan of the City of Aventura; and
WHEREAS, the City Commission believes it is in the best interest of the public to
amend the Comprehensive Plan to adopt the updated and approved Capital
1/
Underlined provisions constitute proposed additions to existing text; stricken through provisions indicate
proposed deletions from existing text.
Ordinance No. 2009 -
Page 2
Improvements Schedule contained in the City's 2008/09-2012/13 Capital Improvement
Program.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. FindinQs. That the foregoing "Whereas" clauses are hereby
ratified and incorporated as the legislative intent of this Ordinance.
Section 2. Amendment to the Comprehensive Plan. That Policy 4.19 of
Objective 4 of the Capital Improvements Element of the City of Aventura Comprehensive
Plan is hereby amended as follows 1:
Policy 4.19
The City of Aventura 2007/08 2011/122008/09 - 2012/13 Capital Improvement Program and
the Capital Improvements Schedule included therein, contains a schedule of projects that the
City shall implement in order to meet its adopted Level of Service standards and ensure the
financial feasibility of this Comprehensive Plan. The 2007/08 2011/12 2008/09 - 2012/13
Capital Improvement Program is hereby adopted by reference as part of the Capital
Improvements Element.
Section 3. Severability. That 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.
Section 4. Inclusion in the Comprehensive Plan. That it is the intention of
the City Commission 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 Aventura.
Section 5. Effective Date. That this Ordinance shall be effective immediately
upon passage by the City Commission on second reading, except that the effective
date of the Plan Amendment approved by this Ordinance shall be the date a final order
is issued by the Florida Department of Community Affairs or Administration
Ordinance No. 2009 -
Page 3
Commission finding that the Plan Amendment is in compliance in accordance with
Section 163.3184, Florida Statutes, whichever occurs earlier. The Florida Department
of Community Affairs' notice of intent to find the Plan Amendment in compliance shall
be deemed to be a final order if no timely petition challenging the Plan Amendment is
filed pursuant to Chapter 163, Florida Statutes.
The foregoing Ordinance was offered by Commissioner
who moved its adoption on first reading. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner lev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Michael Stern
Commissioner Luz Urbaez-Weinberg
Vice Mayor Billy Joel
Mayor Susan Gottlieb
The foregoing Ordinance was offered by Commissioner
who moved its adoption on second reading. This motion was seconded by
Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner lev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Michael Stern
Commissioner Luz Urbaez-Weinberg
Vice Mayor Billy Joel
Mayor Susan Gottlieb
PASSED on first reading this 6th day of November, 2008.
Ordinance No. 2009 -
Page 4
PASSED AND ADOPTED on second reading this 13th day of January, 2009.
Susan Gottlieb, Mayor
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
~ k-fA
City Attorney
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
BY: Joanne Carr, AICP
Community Development Director
FROM: Eric M. Soroka, IC
City Manager
DATE: October 6, 2008
SUBJECT: Amendment to Section 31-239(f) "Compliance with Comprehensive Plan"
of the City's Land Development Regulations to add Level of Service
standards for education
(01-LDR-09)
November 6, 2008 Local Planning Agency Item tf.B
November 6, 2008 City Commission Meeting Agenda Item _
January 13, 2009 City Commission Meeting Agenda Item_
RECOMMENDATION
It is recommended that the City Commission approve an amendment to Section 31-
239(f) of the City's Land Development Regulations to add Level of Service standards
for education.
THE REQUEST
City staff is requesting that Section 31-239(f) of the City's Land Development
Regulations be amended to add the Level of Service standards for education as
adopted in the City's Comprehensive Plan.
THE AMENDMENT
The City's Comprehensive Plan was recently updated to add the adopted Education
Element. This new element contains Level of Service standards for public school
education and for the Aventura City of Excellence School (ACES).
Section 31-239 of the City's Land Development Regulations provides for required
compliance with the City's Comprehensive Plan. This section sets out the level of
service or concurrency standards for development. In order to be consistent with the
adopted Comprehensive Plan, the same Level of Service standards in the
Comprehensive Plan needs to be reflected in this section of the Land Development
Regulations. The Level of Service standards in the adopted as Policies 2.1, 2.2, 2.3
and 5.4 of the Education Element of the City's Comprehensive Plan are attached as
Exhibit #1 to this report.
It is recommended that the following Level of Service standards for education be added
as Section 31-239(f)(8) of the City's Land Development Regulations:
"Sec. 31-239. Compliance with Comprehensive Plan.
(f) Level of Service standards. The following Level of Service standards contained in
the adopted Comprehensive Plan shall be maintained.
(8)Education.
The adopted level of service (LOS) standard for all Miami-Dade County public school facilities
and for Aventura City of Excellence School (ACES) is 100% utilization of Florida Inventorv of
School Houses (FISH) Capacity (With Relocatable Classrooms). This LOS standard. except for
maqnet schools, shall be applicable in each public school concurrency service area (CSA),
defined as the public school attendance boundary established bv Miami-Dade County Public
Schools.
The adopted LOS standard for maqnet schools is 100% FISH (with relocatable classrooms)
which shall be calculated on a districtwide basis.
Level of Service standards for public school facilities shall applv to those traditional educational
facilities. owned and operated bv Miami-Dade County Public Schools, that are required to serve
the residential development within their established Concurrency Service Area. Level of
Service standards do not apply to maQnet schools, charter schools and other educational
facilities that may have districtwide attendance boundaries: however. their capacity is credited
aqainst the impact of development. No credit aqainst the impact of development shall be qiven
for such districtwide educational facilities if their enrollment is at, or above. 100% FISH capacity
(with Relocatable Classrooms).
Relocatable classrooms may be used bv Miami-Dade County Public Schools as an operational
solution to achieve the level of service standard durinq replacement, remodelinq, renovation or
expansion of a public school facilitv: and in the event of a disaster or emerqencv which prevents
the School Board from usinq a portion of the affected school facility.
If demonstrated to be feasible, Miami-Dade County Public Schools and the City of Aventura will
strive for all public school facilities to achieve 100% utilization of Permanent FISH (No
Relocatable Classrooms) capacity by January 1. 2018.
All public school facilities should continue to maintain or decrease their percent utilization of
FISH capacity (With Relocatable Classrooms). Public school facilities that achieve 100%
utilization of Permanent FISH capacity (No Relocatable Classrooms) should no lonoer utilize
relocatable classrooms except as an operational solution.
Bv December 2010, the City in cooperation with Miami-Dade County Public Schools will assess
the viabilitv of modifvino the adopted LOS standard to 100% utilization of Permanent FISH (No
Relocatable Classrooms) for all CSAs.
In the event the adopted LOS standard of a CSA cannot be met as a result of a proposed
development's impact. the development may proceed provided at least one of the followino
conditions is met:
a) The development's impact can be shifted to one or more contiouous CSAs that have
available capacity and is located, either in whole or in part, within the same Geooraphic Area as
the proposed development or
b) The development's impact is mitioated, proportionate to the demand for public schools it
created, throuoh a combination of one or more appropriate proportionate share mitioation
options, as defined in Section 163.3180 (13)( e) 1, Florida. The intent of these options is to
provide for the mitioation of residential development impacts on public school facilities,
ouaranteed bv a leoal bindino aoreement. throuoh mechanisms that include one or more of the
followino: contribution of land; the construction, expansion or payment for land acquisition or
construction of a permanent public school facilitv; or, the creation of a mitioation bank based on
the construction of a permanent public school facilitv in exchanoe for the rioht to sell capacity
credits. The proportionate share mitioation aoreement is subiect to approval bv Miami-Dade
County School Board and the City of Aventura and must be identified in the Miami-Dade County
Public School Facilities Work Prooram, or;
c) The development's impacts are phased to occur when sufficient capacity will be available.
If none of the above conditions is met. the development shall not be approved."
ANAL YSIS
Standards for reviewing proposed amendments to the text of the LDR pursuant to
Section 31-77(g) of the City Code:
1. The proposed amendment is legally required.
The proposed amendment is required to provide for Level of Service standards for
education consistent with those in the City's Comprehensive Plan.
2. The proposed amendment is consistent with the goals and objectives of the
Comprehensive Plan.
The proposed amendment IS consistent with the goals and objectives of the
Comprehensive Plan.
3. The proposed amendment is consistent with the authority and purpose of the LOR.
The proposed amendment is consistent with the authority and purpose of the Land
Development Regulations.
4. The proposed amendment furthers the orderly development of the City.
The proposed amendment furthers the orderly development of the City.
5. The proposed amendment improves the administration or execution of the
development process.
The proposed amendment improves the administration or execution of the
development process in that it provides for Level of Service standards for education
consistent with those in the adopted City of Aventura Comprehensive Plan.
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EDUCATION ELEMENT
Exhibit 1
01-LDR-09
EDUCATION GOAL
Develop, operate and maintain a system of public education in co-operation with Miami-Dade
County Public Schools and other appropriate governmental agencies, which will strive to
improve the quality and quantity of public educational facilities available to the citizenry of the
City of Aventura.
OBJECTIVE 1
Work towards the reduction of the overcrowding which currently exists in Miami-Dade County
Public Schools, while striving to attain an optimum level of service pursuant to Objective 2.
Work in co-operation with Miami-Dade County Public Schools and other appropriate
governmental agencies to provide additional solutions to overcrowding so that countywide
enrollment in Miami-Dade County's public schools will meet state requirements for class size
by September 1, 2010.
Measure: Annual review by Miami-Dade County Public Schools to compare official enrollment
of the school system with the number of student stations available to determine the current
operating level of service.
Policy 1.1
Continue to work with Miami-Dade County Public Schools in its efforts to continue to provide
new permanent student stations.
Policy 1.2
Continue to work with Miami-Dade County Public Schools in the City's efforts to operate,
maintain and expand alternative educational facilities to relieve overcrowding at public schools,
in so far as funding and rules permit.
Policy 1.3
Cooperate with Miami-Dade County Public Schools in their efforts to maintain and/or improve
the established level of service (LOS) standards, for Public Educational Facilities, as
established for the purposes of public school concurrency.
Policy 1.4
Miami-Dade County Public Schools' comments shall be sought and considered on
comprehensive plan amendments and other land use and zoning decisions whicR will increase
residential density, in order to be consistent with the terms of the state mandated Interlocal
Agreement pursuant to Sections 1013.33,163.3174 and 163.31777, Florida Statutes.
OBJECTIVE 2
The City shall coordinate new residential development with the future availability of public
school facilities consistent with the adopted level of service standards (LOS) for public school
concurrency to ensure the inclusion of those projects necessary to address existing
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deficiencies in the 5 year schedule of capital improvements and meet future needs based upon
achieving and maintaining the adopted LOS standards throughout the planning period.
Measure: Annual review, in cooperation with all parties to the Interlocal Agreement for Public
School Facility Planning, of the latest adopted Miami-Dade County Public Schools Facility
Work Program to determine jf the adopted concurrency level of service standards are being
met.
olicy 2.1
Up ublic school concurrency becoming effective, the adopted level of service (LOS)
standard for all Miami-Dade County public school facilities is 100% utilization of Florida
Inventory of School Houses (FISH) Capacity (With Relocatable Classrooms). This LOS
standard, except for magnet schools, shall be applicable in each public school concurrency
service area (CSA), defined as the public school attendance boundary established by Miami-
Dade County Public Schools.
The adopted LOS standard for magnet schools is 100% FISH (with relocatable classrooms)
which shall be calculated on a districtwide basis.
Level of Service standards for public school facilities shall apply to those traditional educational
facilities, owned and operated by Miami-Dade County Public Schools, that are required to
serve the residential development within their established Concurrency Service Area. Level of
Service standards do not apply to magnet schools, charter schools and other educational
facilities that may have districtwide attendance boundaries; however, their capacity is credited
against the impact of development. No credit against the impact of development shall be given
for such districtwide educational facilities if their enrollment is at, or above, 100% FISH
capacity (with Relocatable Classrooms).
Relocatable classrooms may be used by Miami-Dade County Public Schools as an operational
solution to achieve the level of service standard during replacement, remodeling, renovation or
expansion of a public school facility; and in the event of a disaster or emergency which
prevents the School Board from using a portion of the affected school facility.
olicy 2.
If nstrated to be feasible, Miami-Dade County Public Schools and the City of Aventura
will strive for all public school facilities to achieve 100% utilization of Permanent FISH (No
Relocatable Classrooms) capacity by January 1, 2018.
All public school facilities should continue to maintain or decrease their percent utilization of
FISH capacity (With Relocatable Classrooms). Public school facilities that achieve 100%
utilization of Permanent FISH capacity (No Relocatable Classrooms) should no longer utilize
relocatable classrooms except as an operational solution.
By December 2010, the City in cooperation with Miami-Dade County Public Schools will
assess the viability of modifying the adopted LOS standard to 100% utilization of Permanent
FISH (No Relocatable Classrooms) for all CSAs.
oliey 2.
In event the adopted LOS standard of a CSA cannot be met as a result of a proposed
development's impact, the development may proceed provided at least one of the following
conditions is met:
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a) The development's impact can be shifted to one or more contiguous CSAs that have
available capacity and is located, either in whole or in part, within the same Geographic Area
as the proposed development; or
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b) The development's impact is mitigated, proportionate to the demand for public schools it
created, through a combination of one or more appropriate proportionate share mitigation
options, as defined in Section 163.3180 (13)(e)1, Florida Statutes. The intent of these options
is to provide for the mitigation of residential development impacts on public school facilities,
guaranteed by a legal binding agreement, through mechanisms that include one or more of the
following: contribution of land; the construction, expansion or payment for land acquisition or
construction of a permanent public school facility; or, the creation of a mitigation bank based
on the construction of a permanent public school facility in exchange for the right to sell
capacity credits. The proportionate share mitigation agreement is subject to approval by
Miami-Dade County School Board and the City of Aventura and must be identified in the
Miami-Dade County Public School Facilities Work Program, or;
c) The development's impacts are phased to occur when sufficient capacity will be available.
If none of the above conditions is met, the development shall not be approved.
Policy 2.4
Concurrency service areas shall maximize capacity utilization, taking into account several
factors, including transportation costs, student travel times, socio-economic objectives, and
recognition of the timing of capacity commitments. Other considerations for amending
concurrency service areas may include safe access (including factors such as the presence of
sidewalks, bicycle paths, turn lanes and signalization, general walkability), diversity and
geographic or man-made constraints to travel. The types of physical or operational
adjustments to school capacity that will be considered in the County shall be determined by
Miami-Dade County Public Schools' policies on maximization of capacity. Periodic adjustments
to the boundary or area of a CSA may be made by the School Board to achieve the above
stated factors. Other potential amendments to the CSAs shall be considered annually at the
Staff Working Group meeting to take place each year no later than April 30 or October 31,
consistent with Section 9 of the Interlocal Agreement for Public School Facility Planning.
Policy 2.5
The City, through the implementation of the concurrency management system and Miami-
Dade County Public Schools Facilities Work Program for educational facilities, shall ensure
that existing deficiencies are addressed and the capacity of schools is sufficient to support
residential development at the adopted Level of Service (LOS) standards throughout the
planning period in the 5-year schedule of capital improvements.
Policy 2.6
The Miami-Dade County Public Schools Facilities Work Program will be evaluated on an
annual basis to ensure that the level of service standards will continue to be achieved and
maintained throughout the planning period.
Policy 2.7
The City will coordinate with the Miami Dade County Public Schools to ensure that the Miami
Dade County Public School Facilities Work Program shall be amended on an annual basis to:
1) add a new fifth year; 2) reflect changes in estimated capital revenues, planned capital
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Policy 5.3
The City shall consider a proposal for proportionate share mitigation that provides
improvement for ACES, if the development is located within the City.
~Cy~
T Le e of Service (LOS) standard of Policy 2.1 of this Element is hereby adopted as the
LOS standard for ACES.
Policy 5.5
The City shall use Florida Department of Education design criteria to calculate the capacity of
ACES.
Policy 5.6
The City shall strive to enroll a student population of 100% of the capacity in the adopted
Charter School Contract for ACES.
Education Element Map Series
Consistent with Section 163.3177(12)(g), Florida Statutes, maps showing existing and future
conditions are included in the element. A map series - Figures 1 Band 2B - has been included
which indicates the location of existing and proposed public schools and ancillary facilities over
the 5-year planning period. This map series was prepared by Miami-Dade County and is
included, along with maps for existing and proposed public schools in four areas of the County
that are generally equivalent to the proposed Educational Impact Fee Benefit District, in the
County's Education Element. The map has been revised by the City of Aventura to show the
location of the Aventura City of Excellence School (ACES). The entire map series prepared by
Miami Dade County as part of its support data, inventory and analysis dated July 3,2007 are
hereby adopted by reference.
Map locations of future public school facilities are general and do not prescribe a land use on a
particular parcel of land.
Figure 1 B - Existing Educational and Ancillary Facilities
Located in the Northeast Area - 2007
Revised to show Aventura City of Excellence School
Figure 2B - Proposed Education and Ancillary Facilities
Located in the Northeast Area - 2012/13
89
ORDINANCE NO. 2009-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING SECTION 31-239 OF THE CITY'S LAND
DEVELOPMENT REGULATIONS ENTITLED
"COMPLIANCE WITH COMPREHENSIVE PLAN" TO ADD
LEVEL OF SERVICE STANDARDS FOR EDUCATION AS
SECTION 31-239 (f)(8); PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Aventura is desirous of amending the City's Land
Development Regulations to add Level of Service standards for education consistent
with the Level of Service standards for education in the adopted City of Aventura
Comprehensive Plan; and
WHEREAS, the City Commission has been designated as the Local Planning
Agency for the City pursuant to Section 163.3174, Florida Statutes; and
WHEREAS, the Local Planning Agency has reviewed the proposed amendment
pursuant to a required public hearing and has recommended approval to the City
Commission; and
WHEREAS, the City Commission has held the required public hearings, duly
noticed in accordance with law; and
WHEREAS, the City Commission has reviewed the action set forth in this
Ordinance and has determined that such action is consistent with the Comprehensive
Plan and in the best interest of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Recitals. The foregoing "Whereas" clauses are ratified and
confirmed as being true, correct and reflective of the legislative intent underlying this
Ordinance and are hereby made a specific part of this Ordinance.
Section 2. Amendment. Section 31-239 (f) of the City's Land Development
Regulations is hereby amended as follows 1:
"Sec. 31-239. Compliance with Comprehensive Plan.
1 Underlined provisions constitute proposed additions to existing text; stricken through provisions indicate
proposed deletions from existing text.
Ordinance No. 2009 -
Page 2
(f) Level of Service standards. The following level of service standards contained in the
adopted Comprehensive Plan shall be maintained.
(8) Education.
The adopted level of service (LOS) standard for all Miami-Dade County public school facilities
and for Aventura City of Excellence School (ACES) is 100% utilization of Florida Inventory of
School Houses (FISH) Capacity (With Relocatable Classrooms). This LOS standard, except for
maanet schools, shall be applicable in each public school concurrency service area (CSA),
defined as the public school attendance boundary established bv Miami-Dade County Public
Schools.
The adopted LOS standard for maanet schools is 100% FISH (with relocatable classrooms)
which shall be calculated on a districtwide basis.
Level of Service standards for public school facilities shall apply to those traditional educational
facilities, owned and operated bv Miami-Dade County Public Schools, that are required to serve
the residential development within their established Concurrency Service Area. Level of
Service standards do not applv to maanet schools, charter schools and other educational
facilities that may have districtwide attendance boundaries: however, their capacitv is credited
aaainst the impact of development. No credit aaainst the impact of development shall be aiven
for such districtwide educational facilities if their enrollment is at. or above, 100% FI SH capacity
(with Relocatable Classrooms).
Relocatable classrooms may be used bv Miami-Dade County Public Schools as an operational
solution to achieve the level of service standard durina replacement. remodelina. renovation or
expansion of a public school facilitv: and in the event of a disaster or emeraencv which prevents
the School Board from usina a portion of the affected school facilitv.
If demonstrated to be feasible, Miami-Dade County Public Schools and the City of Aventura will
strive for all public school facilities to achieve 100% utilization of Permanent FISH (No
Relocatable Classrooms) capacity by Januarv 1, 2018.
All public school facilities should continue to maintain or decrease their percent utilization of
FISH capacity (With Relocatable Classrooms). Public school facilities that achieve 100%
utilization of Permanent FISH capacity (No Relocatable Classrooms) should no lonaer utilize
relocatable classrooms except as an operational solution.
Bv December 2010, the City in cooperation with Miami-Dade County Public Schools will assess
the viability of modifyina the adopted LOS standard to 100% utilization of Permanent FISH (No
Relocatable Classrooms) for all CSAs.
In the event the adopted LOS standard of a CSA cannot be met as a result of a proposed
development's impact. the development may proceed provided at least one of the followina
conditions is met:
Ordinance No. 2009 -
Page 3
a) The development's impact can be shifted to one or more contiouous CSAs that have
available capacity and is located, either in whole or in part, within the same Geooraphic Area as
the proposed development: or
b) The development's impact is mitioated, proportionate to the demand for public schools it
created. throuoh a combination of one or more appropriate proportionate share mitioation
options, as defined in Section 163.3180 (13)(e)1, Florida. The intent of these options is to
provide for the mitioation of residential development impacts on public school facilities,
ouaranteed by a leqal bindinq aoreement. throuqh mechanisms that include one or more of the
followinq: contribution of land; the construction, expansion or payment for land acquisition or
construction of a permanent public school facility: or, the creation of a mitioation bank based on
the construction of a permanent public school facility in exchanoe for the rioht to sell capacity
credits. The proportionate share mitiqation aoreement is subiect to approval by Miami-Dade
County School Board and the City of Aventura and must be identified in the Miami-Dade County
Public School Facilities Work Proqram, or;
c) The development's impacts are phased to occur when sufficient capacity will be available.
If none of the above conditions is met. the development shall not be approved.
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.
Section 4. Inclusion in the Code. It is the intention of the City Commission, and
it is hereby ordained that the provisions of this Ordinance shall become and be made a
part of the Code of the City of Aventura; that the sections of this Ordinance may be
renumbered or relettered to accomplish such intentions; and that the word "Ordinance"
shall be changed to "Section" or other appropriate word.
Section 5. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
Ordinance No. 2009 -
Page 4
The foregoing Ordinance was offered by Commissioner
who moved its adoption on first reading. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner lev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Michael Stern
Commissioner Luz Urbaez-Weinberg
Vice Mayor Billy Joel
Mayor Susan Gottlieb
The foregoing Ordinance was offered by Commissioner
who moved its adoption on second reading. This motion was seconded by
Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner lev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Michael Stern
Commissioner Luz Urbaez-Weinberg
Vice Mayor Billy Joel
Mayor Susan Gottlieb
PASSED on first reading this 6th day of November, 2008.
Ordinance No. 2009 -
Page 5
PASSED AND ADOPTED on second reading this 13th day of January, 2009.
Susan Gottlieb, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
~~ .
CI ATTORNEY
This Ordinance was filed in the Office of the City Clerk this _ day of
,2009.
CITY CLERK
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MiamiHerald.com I THE MIA"" HERALD
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Q NOTICElfH~:~=~GAGENCY
'"., ,..... AND NOTICE Of AMENDMENT If CDMPREHENSNE PlAN
Public Notice is hereby given thai the Aventura City Commission.
sitting as the City of Aventura Local Planning Agency will meat in
a public hearing on Thursdey. November 6, 2006 at 6:00 p.m. to
review and recommend adoption of the following Ordinance to the
City Commission:
AN ORDINANCE OF ntE CITY OF
AVENTURA, FLORIDA, AMENDING ntE
CITY OF AVENTURA COMPREHENSIVE
PLAN BY AMENDING POlICY 4.19
OF OBJECTIVE 4 OF ntE CAPITAL
IMPROVEMENTS ELEMENT TO
ADOPT BY REFERENCE ntE CITY OF
AVENTURA 2006109-2012/13 CAPITAL
IMPROVEMENT PROGRAM; PROVIDING
FOR SEVERABILITY; PROVIOING FOR
INCLUSION IN l1tE COMPREHENSIVE
PLAN; AND PROVIDING FOR AN
EFFECTIVE DATE.
Immediately following the Local Planning Agency meeting, the City
Commission of the City of Aventura. as the governing body. will
consider on forst reading at a public hearing the Amendment to the
Comprehensive Plan by mdinance described above and will again
consider the above described ordinance for adoption after second
reading on Tuesday, January 13, 2009 at 6:00 p.m.
The above described Public Hearings will all be held in the City
Commission Chamber at City of Aventura Government Center, 19200
West Country Club Drive. Aventura. Florida. 33180. The proposed
Ordinances may be inspected by the public at the OffICe of the City
Cieri< at the above address. Interested parties may appear at the Public
Hearings and be heard with respect to the proposed Ordinance.
In accordance with the Americans with Disabilmes Act of 1990, all
persons who are disabled and who need special accommodations to
participate in this proceeding because of that disability should contact
the Office of the City Cieri<, (305) 466-8901. nof later than two business
days prior to such proceedings.
If a person decides to appeal any decision made by theCity Commission
with respect to any matter consi_ at a meeting or hearing. that
person will need a record of the proceedings and, for such purpose.
may need to ensure that a verbatim record of the proceedings is made.
which record includes the testimony and evidence upon which the
appea\ is to be based.
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CITY OF AVENTURA
NOTICE OF HEARING OF LOCAL PLANNING
AGENCY AND NOnce OF AMENDMENT OF THE
CITY'S LAND DEVELOPMENT REGULATIONS
Public Notice is hereby given thai the Aventura City Commission,
sitting as the City of Aventum Local Planning Agency will meet in a
public hearing on Thursday, November 6, 2008 at 6:00 p.m. to review
and recommend adoption of the following Ordinance to the City
Commission:
AN ORDINANCE OF THE CITY OF
AVENTURA, FLORIDA, AMENDING
SECTION 31.239 OF THE ClTV'S LAND
DEVELOPMENTREGUlATIONSENTITlED
"COMPLIANCE WITH COMPREHENSIVE
PLAN" TO ADD lEVEL OF SERVICE
STANDARDS FOR EDUCATION AS
SECTION 31.239 (1)(6); PROVIDING
FOR SEVERABIUTY; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING
FOR AN EFFECTIVE DATE.
Immediately following the Local Planning Agency meeting, the City
Commission of the City of Aventura, asthe governing body, will consider at a
publiC hearing, as first reading, adoption of the above described Ordinance
and will again consider the above described Ordinance for adoption after
second reading on Tuesday, January 13, 2009 at 6:00 p.m.
The above described Public Hearings will all be held in the City
Commission Chamber at City of Aventura Govemment Center, 19200
West Country Club Drive, Aventura, Florida, 33180. The proposed
Ordinance may be inspected by the publiC at the Office of the City
Clarl<, 19200 West Country Club Drive, Aventura, Florida Interested
parties may appear at the Public Hearings and be heard wnh respect
to the proposed Ordinance.
In accordance with the Americans with Disabilities Act of 1990, all
persons who are disatued and who need special accommodations 10
participate in this proceeding because of that disability should contact
the Office of the City Clerk, (305)466-8901. not laler than two business
days prior to such proceedings.
if a person decidesto appeal any decision made by the. City ComrnJss!on, III
as Local Pianning AgBTlCY or as the governing body, with respect 10 any
I
I
I
ffiilHcr considered <:t 2. meeting or hearing, that pc::;;on wH! ~1CCct <.t record
Of the proceedings and, for such purpO~0, may nC',-:d 10 0ns.urc th;J.t ;:;
verbatim record of 1he pmGeedrngs is made, \Nhich recom incfudes ti,S'
testimony and evidence upon which the appeal is 10 be based
Tt';ff;f-;.l M_ SU{(Jka. fvHvlC, Ciiy Oer-k
FRIDAY, OCTOBER 24, 2008 I 1SA
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