2009-02ORDINANCE NO. 2009-02
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':
"Sec. 31-239. Compliance with Comprehensive Plan.
Underlined provisions constitute proposed additions to existing text; st~isi~#~-provisions indicate
proposed deletions from existing text.
Ordinance No. 2009 - 02
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
magnet schools, shall be applicable in each public school concurrency service area (CSA),
defined as the public school attendance boundary established by Miami-Dade Countv 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 Concurrence 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.
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 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.
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 following
conditions is met:
Ordinance No. 2009 - 02
Page 3
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
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. 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 Citv 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.
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 - 02
Page 4
The foregoing Ordinance was offered by Vice Mayor Joel, who moved its
adoption on first reading. This motion was seconded by Commissioner Auerbach, and
upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach yes
Commissioner Bob Diamond yes
Commissioner Teri Holzberg yes
Commissioner Michael Stern yes
Commissioner Luz Urbaez-Weinberg yes
Vice Mayor Billy Joel yes
Mayor Susan Gottlieb yes
The foregoing Ordinance was offered by Commissioner Weinberg, who moved
its adoption on second reading. This motion was seconded by Commissioner
Auerbach, and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach yes
Commissioner Bob Diamond yes
Commissioner Teri Holzberg yes
Commissioner Michael Stern yes
Commissioner Luz Urbaez-Weinberg yes
Vice Mayor Billy Joel yes
Mayor Susan Gottlieb yes
PASSED on first reading this 6th day of November, 2008.
Ordinance No. 2009 - bZ-
Page 5
PASSED AND ADOPTED on second reading this 13t" day o~ January, 2009.
n ^ usan Gottlie AYOR
ATTEST: ~ ' J /J
~E ESA M. SOR , M~JIC
CI Y CLERK I
APPROVED AS TO LEG L SUFFIC~NCY:
CITY ATTORNEY
This r Hance wa i din he Office of the City Clerk this J~ day of , 2009.
CIT,~ CLERK