2008-12
ORDINANCE NO. 2008-12
AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING
THE CITY OF A VENTURA COMPREHENSIVE PLAN BY ADDING AN
'EDUCATION ELEMENT'; BY AMENDING POLICY 2.4 OF OBJECTIVE
2 OF THE CAPITAL IMPROVEMENT ELEMENT TO ADD LEVEL OF
SERVICE STANDARDS FOR PUBLIC SCHOOLS AND FOR THE CITY
OF EXCELLENCE SCHOOL; BY ADDING A NEW POLICY 4.18 OF
OBJECTIVE 4 OF THE CAPITAL IMPROVEMENT ELEMENT TO
ADOPT BY REFERENCE THE MIAMI DADE COUNTY PUBLIC
SCHOOLS FACILITIES WORKPLAN; BY RENUMBERING EXISTING
POLICY 4.18 TO POLICY 4.19 OF OBJECTIVE 4 OF THE CAPITAL
IMPROVEMENT ELEMENT AND AMENDING THIS POLICY TO ADOPT
BY REFERENCE THE CITY OF AVENTURA 2007/08-2011/12 CAPITAL
IMPROVEMENT PLAN; BY ADDING NEW POLICY 4.20 OF
OBJECTIVE 4 OF THE CAPITAL IMPROVEMENT ELEMENT TO
ANNUALLY EVALUATE THE MIAMI-DADE COUNTY PUBLIC
SCHOOLS FACILITY WORK PROGRAM; BY AMENDING AND ADDING
PUBLIC SCHOOL FACILITIES TO THE CONCURRENCY
MANAGEMENT SECTION OF THE CAPITAL IMPROVEMENT
ELEMENT; BY ADDING A NEW POLICY 1.21 TO OBJECTIVE 1 OF
THE INTERGOVERNMENTAL COORDINATION ELEMENT TO
EXECUTE AND FOLLOW THE PROCEDURES IN THE ADOPTED
"AMENDED AND RESTATED INTERLOCAL AGREEMENT FOR
PUBLIC SCHOOL FACILITIES PLANNING IN MIAMI-DADE COUNTY
AND TO COORDINATE THE ESTABLISHMENT OF LEVEL OF
SERVICE STANDARDS FOR PUBLIC SCHOOL FACILITIES AND TO
RENUMBER EXISTING POLICIES 1.21 THROUGH 1.24 INCLUSIVE OF
THE INTERGOVERNMENTAL COORDINATION ELEMENT TO
POLICIES 1.22 THROUGH 1.25 INCLUSIVE; PROVIDING FOR
TRANSMITTAL TO THE AGENCIES AS REQUIRED UNDER CHAPTER
163, PART II, FLORIDA STATUTES; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Florida Department of Community Affairs found in compliance
the City of Aventura Comprehensive Plan in February, 1999; and
WHEREAS, the Florida Department of Community Affairs found sufficient the
City of Aventura 2005 Evaluation and Appraisal in March, 2007; and
Ordinance No. 2008-12
Page 2
WHEREAS, Sections 163.3177(12)(i) and 163.3180(13) of the Florida Statutes
requires that public school concurrency be adopted by all Florida school boards, counties
and non-exempt municipalities; and
WHEREAS, the City of Aventura has proposed the adoption of an Education
Element into its Comprehensive Plan in order to comply with State statute; and
WHEREAS, the City of Aventura has proposed amendments to the policies of the
Capital Improvement and Intergovernmental Coordination Elements of the
Comprehensive Plan to support the new Education Element;
WHEREAS, the City Commission finds that the proposed amendments will not
result in impacts on any infrastructure system that will exceed established level of service
standards and are 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 include the Education Element and to include the
amendments to the Capital Improvement Element and Intergovernmental Coordination
Element to support the goals, objectives and policies of the new Education Element.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF A VENTURA, FLORIDA, AS FOLLOWS:
Section 1. Findinas. The foregoing "Whereas" clauses are hereby ratified
and incorporated as the legislative intent of this Ordinance.
Section 2. Addition of Education Element. The following element is added
to the City of Aventura Comprehensive Plan 1:
"EDUCATION ELEMENT
1 Underlined text indicates additions. Stricken-through text indicates deletions. Double-underlined text
indicates additions as a result of the Objections, Recommendations and Comments (ORC) report by the
State of Florida Department of Community Affairs. Double stricken-through text indicates deletions as a
result of the ORC report.
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Ordinance No. 2008-12
Page 3
EDUCATION GOAL
Develop. operate and maintain a system of public education in co-operation with Miami-Dade
County Public Schools and other appropriate aovernmental aaencies. which will strive to
improve the Quality and Quantity of public educational facilities available to the citizenrv of the
City of Aventura.
OBJECTIVE 1
Work towards the reduction of the overcrowdina which currently exists in Miami-Dade County
Public Schools. while strivina to attain an optimum level of service pursuant to Obiective 2.
Work in co-operation with Miami-Dade County Public Schools and other appropriate
aovernmental aaencies to provide additional solutions to overcrowdina 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
operatina 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 overcrowdina at public schools.
in so far as fundina 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 souaht and considered on
comprehensive plan amendments and other land use and zonina decisions which will increase
residential density. in order to be consistent with the terms of the state mandated Interlocal
Aareement 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 oroiects necessarv to address existina deficiencies
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Ordinance No. 2008-12
Page 4
in the 5 vear schedule of caoital imorovements and meet future needs based uoon achievina
and maintainina the adooted LOS standards throuahout the olannina oeriod.
Measure: Annual review. in cooperation with all parties to the Interlocal Aareement for Public
School Facility Plannina. of the latest adopted Miami-Dade County Public Schools Facility
Work Proaram to determine if the adopted concurrency level of service standards are beina
met.
Policy 2.1
Upon public school concurrency becomina 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, exceot for maanet 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.
All p\;ll8lie seR8s1 faeilities SR8\;11s eSRtiR\;Ie ts maiRtaiR sr seerease tReir pereeRt wtili;;!:ati8R 8f
FISH eapaeitv (U'!itR Relseatal8le ClassFs8ms). P\;Il8lie seRs81 faeilities tRat aeRieve 1 QQ%
\;Itili~atisR sf PeFmaReRt FISH eapaeitv (~Js Relseatal8le Classrssms) SRs\;lls RS 18Rser \;ItiIi~e
relseatal8le ela8sFs8ms e)(espt as aR spsratisRal 8sl\;lti8R.
The adooted 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 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 maanet schools, charter schools and other educational
facilities that may have districtwide attendance boundaries: however, their capacity 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% 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 durina replacement. remodelina, renovation or
expansion of a public school facility: and in the event of a disaster or emeraency which prevents
the School Board from usina a portion of the affected school facility.
Policv 2.2
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.T8 tRis el9s, l8esiRRil9s JaR\;Iar\' 1, 2Q1 &.
tRe Miami gase C8\;1Rt'/ P\;Il8lie SeRssls SRs\;lls RSt \;Ise relseatal8ls eliilssr88ms ts prs'Jise
iilssitisRal FISH eapaeitv at iilRV seRs81 eHespt as aR speFatisRal ssl\;ltisR. Assiti8Rall'/, if
feasil8le. l8esiRl9iRs JaR\;Iarv 1. 2Q1 i, tRe Miami gase C8\;119tV P\;Il8lie SeR881s will implemeRt a
8eReS\;lls t8 elimiRate all FemaiRiRS rel8eata181e elassr88ms I8v Jiill9\;1ar/ 1, 2Q1 i.
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Ordinance No. 2008-12
Page 5
All oublic school facilities should continue to maintain or decrease their oercent utilization of
FISH caoacitv (With Relocatable Classrooms). Public school facilities that achieve 100%
utilization of Permanent FISH caoacitv (No Relocatable Classrooms) should no lonaer utilize
relocatable classrooms exceot as an ooerational solution.
By 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.
Policy 2.3
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:
a) The development's impact can be shifted to one or more contiauous CSAs that have
available capacity and is located. either in whole or in part. within the same Iis\;IeatisRal Impalilt
Fee laeRefit gistriet Geoaraohic Area as the proposed development or
b) The development's impact is mitiaated. proportionate to the demand for public schools it
created, throuah a combination of one or more appropriate proportionate share mitiaation
options, as defined in Section 163.3180 (13)(e)1, Florida Statutes ':JRieR sRiilll188 eRfsreesl8v a
lesallv l8il9siRS asreemeRt witR tRs Cit',' aRs Miami gase CS\;IRtv P\;ll8lie SeRssls. The intent of
these ootions is to orovide for the mitiaation of residential develooment imoacts on oublic
school facilities. auaranteed bv a leaal bindina aareement. throuah mechanisms that include
one or more of the followina: contribution of land; the construction. exoansion or oavment for
land acauisition or construction of a oermanent oublic school facilitv: or. the creation of a
mitiaation bank based on the construction of a oermanent oublic school facilitv in exchanae for
the riaht to sell caoacitv credits. The orooortionate share mitiaation aareement is subiect to
aooroval bv Miami-Dade Countv School Board and the Citv of Aventura and must be identified
in the Miami-Dade Countv Public School Facilities Work Proaram. 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, takina into account several
factors. includina transportation costs, student travel times, socio-economic obiectives. and
recoanition of the timina of capacity commitments. Other considerations for amendina
concurrency service areas may include safe access (jncludina factors such as the presence of
sidewalks. bicycle paths, turn lanes and sianalization. aeneral walkability), diversity and
aeoaraphic or man-made constraints to travel. The types of physical or operational
adiustments to school capacity that will be considered in the County shall be determined by
Miami-Dade Countv Public Schools' policies on maximization of capacity. Periodic adiustments
to the boundarv or area of a CSA mav be made bv the School Board to achieve the above
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Ordinance No. 2008-12
Page 6
stated factors. Other ootential amendments to the CSAs shall be considered annuallv at the
Staff Workina Grouo meetina to take olace each vear no later than Aoril 30 or October 31.
consistent with Section 9 of the Interlocal Aareement for Public School Facilitv Plannina.
Policv 2.5
The Citv. throuah the imolementation of the concurrencv manaaement svstem and Miami-Dade
Countv Public Schools Facilities Work Proaram for educational facilities. shall ensure that
existina deficiencies are addressed and the caoacitv of schools is sufficient to suooort
residential develooment at the adooted Level of Service (LOS) standards throuahout the
olannina oeriod in the 5-vear schedule of caoital imorovements.
Policv 2.6
The Miami-Dade Countv Public Schools Facilities Work Proaram will be evaluated on an annual
basis to ensure that the level of service standards will continue to be achieved and maintained
throuahout the olannina oeriod.
Policv 2.7
The Citv will coordinate with the Miami Dade Countv Public Schools to ensure that the Miami
Dade Countv Public School Facilities Work Proaram shall be amended on an annual basis to:
1) add a new fifth vear: 2) reflect chanaes in estimated caoital revenues. olanned caoital
aoorooriations costs. olanned caoital facilities oroiects. CSAs and school usaae: and 3)ensure
that the Miami Dade Public School Facilities Work Proaram continues to be financiallv feasible
for the five vear olannina oeriod.
OBJECTIVE 3
Obtain suitable sites for the development and expansion of public school facilities.
Measure: Annual inventory and assessment by Miami-Dade Public County Schools of its
property.
Policy 3.1
In the selection of sites for future educational facility development. the City encouraaes Miami-
Dade County Public Schools to consider whether a school is in close proximity to residential
areas and is in a location that would provide a loaical focal point for community activities.
Policy 3.2
Where possible, Miami-Dade County Public Schools should seek sites which are adiacent to
existina or planned public recreation areas. community centers. libraries. or other compatible
civic uses for the purpose of encouraaina ioint use facilities or the creation of loaical
focal points for community activity.
Policv 3.3
When considerina a site for possible use as a school facility. Miami-Dade County Public
Schools should review the adeQuacy and proximity of other public facilities and services
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Ordinance No. 2008-12
Page 7
necessary to the site such as roadway access. transportation, fire flow and portable water,
sanitary sewers. drainaae, solid waste. police and fire services, and means by which to assure
safe access to schools, includina sidewalks, bicycle paths, turn lanes, and sianalization.
Policy 3.4
When considerina a site for possible use as an educational facility Miami-Dade County Public
Schools should consider whether the present and proiected surroundina land uses are
compatible with the operation of an educational facility.
Policy 3.5
The City of Aventura shall continue to cooperate with adiacent local aovernments and Miami-
Dade County Public Schools in utilizina Miami-Dade County Public Schools as emeraency
shelters durina emeraencies.
Policv 3.6
The Citv shall encouraae and co-ooerate with the Miami-Dade County Public Schools in their
effort for oublic school sitina reviews to helo accomolish the obiectives and oolicies of this
element and other elements of the Citv's Comorehensive Plan. includina the future land use
mao. The Citv shall co-ooerate with the Public Schools to establish orovisions for a scooina or
ore-aoolication meetina as oart of the educational facilities review orocess. if determined to be
warranted.
OBJECTIVE 4
Miami-Dade County Public Schools, the City and other appropriate iurisdictions shall establish
and implement mechanism(s) for on-aoina coordination and communication to ensure the
adeQuate provision of public school facilities.
Measure: Number of coordination and communication mechanisms. includina Interlocal
Aareements. established and implemented.
Policy 4.1
The City shall coordinate and cooperate with Miami-Dade County Public Schools, the County,
the State and other appropriate aaencies to develop or modify rules and reaulations in order to
simplify and expedite proposed new educational facility developments and renovations.
Policy 4.2
The location of future school facilities should occur where capacity of other public facilities and
services is available to accommodate the infrastructure needs of the school facility.
Policy 4.3
Miami-Dade County Public Schools should coordinate school capital improvement plans with
the planned capital improvement proiects of the City and other County and municipal aaencies.
Policy 4.4
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Ordinance No. 2008-12
Page 8
The City shall coordinate with Miami-Dade County Public Schools and the County to provide for
pedestrian and traffic safety in the area of schools and sianalization for school facilities.
Policy 4.5
The City shall coordinate. throuah the Staff Workina Grouo of the Interlocal Aareement for
Public School Facilitv Plannina. with Miami-Dade County Public Schools and the County to
annually review this Element and school enrollment proiections and make amendments if
necessary.
OBJECTIVE 5
The City shall continue to operate and maintain the municipally-owned Aventura City of
Excellence School (ACES).
Measure: Continued operation and maintenance of the Aventura City of Excellence School
(ACES).
Policy 5.1
The City and Miami-Dade County Public Schools shall follow the procedures established in the
adopted Charter School Contract. as amended from time to time. for operation. maintenance
and fundina of the Aventura City of Excellence School. which school is built to SREF standards
of the Florida Buildina Code.
Policv 5.2
The mission of the School is to provide the residents of the City of Aventura an educational
choice for their children within the City limits while alleviatina some of the County's arowina
educational needs. The school will serve students in Grades Kinderaarten throuah Eiaht.
Policy 5.3
The City shall consider a proposal for proportionate share mitiaation that provides improvement
for ACES. if the development is located within the City.
Policy 5.4
The Level 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 desian 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 MaD Series
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Ordinance No. 2008-12
Page 9
Consistent with Section 163.3177(12)(a). Florida Statutes, maps showina existina and future
conditions are included in the element. A map series - Fiaures 1 Band 2B - has been included
which indicates the location of existina and proposed public schools and ancillary facilities over
the 5-year plannina period. This map series was prepared by Miami-Dade County and is
included. alona with maps for existina and proposed public schools in four areas of the County
that are aenerally 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 mao series Dreoared bv
Miami Dade Countv as oart of its suooort data. inventorv and analvsis dated Julv 3.2007 are
herebv adooted bv reference.
Map locations of future public school facilities are aeneral and do not prescribe a land use on a
particular parcel of land.
Fiaure 1 B - Existina Educational and Ancillary Facilities
Located in the Northeast Area - 2007
Revised to show Aventura City of Excellence School
Fiaure 2B - Proposed Education and Ancillarv Facilities
Located in the Northeast Area - 2012/13
Section 3. Amendment to Capital Improvement Element. The Capital
Improvement Element of the City of Aventura Comprehensive Plan is hereby amended as
follows 1 :
Policy 2.4 of Objective 2 of the Capital Improvement Element is amended to include Level
of Service standards for public schools
Policy 2.4
The Five-Year Capital Improvements Program, or the City's contract providers as appropriate,
shall incorporate the identified capital investments from each functional element and will be
based on the following LOS standards:
... Potable Water Supply ... Fire Protection ...
"Public Schools
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Ordinance No. 2008-12
Page 10
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 oroiects necessarv to address existina deficiencies
in the 5 vear schedule of caoital imorovements and meet future needs based uoon ~~hi~~ina
and maintainina the adooted LOS standards throuahout the olannina oeriod.
Upon public school concurrency becomina 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. exceot for maanet 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.
All 9\;1181ie seRssl faeilities SR81011s eSRtiR\;Ie ts meiRtail9 sr seerease tRek gereeRt wtili;;!:atisR sf
FISH Ga9aeit'I ('P/itR Relseatal8le ClassFs8ms). P\;ll8lie seRssl faeilitie& tRiilt aeRie'Je 1QQ%
IoItili:!atisR sf PermaReRt FISH ea9aeit'/ (~Js Relseatal8le Cliilssrssms) SR8\;11s RS leRser IoItili:!e
relseatal8le ela8srssms e)(8e9t as iilR sgeratisRal 8sMisR.
The adooted 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 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 maanet schools, charter schools and other educational
facilities that may have districtwide attendance boundaries; however, their capacity 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% 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 durina replacement. remodelina. renovation or
expansion of a public school facility; and in the event of a disaster or emeraency which prevents
the School Board from usina a portion of the affected school facility.
Aventura City of Excellence School (ACES)
The Level of Service (LOS) standard set out above for Public Schools is herebY adopted as the
Level of Service (LOS) standard for ACES."
Policy 4.18 is added to Objective 4 of the Capital Improvement Element to adopt by
reference the Miami-Dade County Public Schools Facilities Work Program
"Policv 4.18
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Ordinance No. 2008-12
Page 11
To address financial feasibility associated with school concurrency. Miami-Dade County Public
Schools Facilities Work Proaram for educational facilities, as formally adopted by Miami-Dade
County Public Schools in September. 2007. is hereby adopted by reference as part of the
Capital Improvement Element."
Policy 4. 18 of Objective 4 of the Capital Improvement Element is renumbered to Policy
4.19 and amended to adopt by reference the most current City of A ventura Capital
Improvement Program
"Policy 4.1a~
The City of Aventura 2005/06 2009/102007/08 - 2011/12 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 2005/06 2009/102007/08 - 2011/12
Capital Improvements Program is hereby adopted by reference as part of the Capital
Improvement Element."
Policv 4.20
The Miami-Dade Countv Public School Facilitv Work Proaram will be evaluated on an annual
basis to ensure that the LOS standard will continue to be achieved and maintained throuahout
the olannina oeriod.
The Concurrency Management System section of the Capital Improvement Element is
amended to include public school facilities and existing sections are renumbered
"Concurrency Management System
A key component of the Growth Management Act is the concurrency management system.
Section 163.3202 F.S. requires local governments to amend its land development regulations to
incorporate specific and detailed provisions which shall provide that public facilities and services
meet or exceed the LOS standards established in the Plan's Capital Improvements Element
and are available when needed for the development, or that the development orders or permits
are conditioned on the availability of these public facilities and services necessary to serve the
development. Chapter 163.3164, F.S. defines 'development order' to include any zoning action,
subdivision approval, certification, permit, or any other official action of local government having
the effect of permitting the development of land. A variety of such development orders are
typically issued by local governments. These include zoning district boundary changes,
variances, unusual use, and site plan approval; environmental permits and certifications;
tentative and final subdivision plat approval; building permits, and certificates of use and
occupancy.
In order to implement the concurrency requirements mandated by Chapter 163, F.S. the City of
Aventura shall enact by ordinance, a concurrency management system which accomplishes the
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Ordinance No. 2008-12
Page 12
statutory requirements. Administration of the required program involves the establishment of
methods and capabilities to monitor outstanding development commitments and service
demands posed by such commitments, plus the existing, programmed and projected capacities
of all pertinent urban service facilities or systems.
The Aventura concurrency management system shall make appropriate concurrency
determinations in conjunction with the following development approval activities:
1) at the time of zoning actions, site plan approvals and subdivision approvals;
2) prior to the issuance of building permits; and,
3) prior to the issuance of certificates of use and occupancy.
In general, no zoning action authorizing a new use or the expansion of an existing use and no
subdivision plat or site plan shall be approved unless the facilities necessary to maintain level of
service standards exist or are projected to exist when necessary to serve the development.
Zoning approvals shall be based on inclusion of necessary facilities in the applicable Element of
the Plan, or in the plan or work program of the agency having jurisdictional responsibility for
provision of the facilities. Such findings shall be included in staff recommendations to the City
Commission, or other applicable board. If the foregoing plans and programs indicate a low
probability that concurrency will be met, but the necessary facilities are technically feasible,
such rezoning action should be preceded by an amendment to the appropriate plan or work
program to add the necessary facilities. Alternatively, such zoning may be approved if the
applicant executes a written agreement to provide the necessary facilities on a timely basis. All
such development approvals prior to the 'Principal Concurrency Determination' will contain a
notice reserving the right of the City to make its principal concurrency determination prior to the
issuance of building permits.
A principal concurrency determination will be required prior to obtaining any subsequent
development order. It is intended that at least one principal concurrency determination be made
at an early stage in the development planning process, prior to the point at which major
expenses are incurred in reliance on development approval. Principal concurrency
determinations will be made prior to the approval of subdivision plats or, in instances where plat
approvals are not required or have predated the effective date of the concurrency requirement,
a principal concurrency determination will be made prior to issuance of a building permit. A
principal concurrency determination made at final plat approval will serve as the determination
of requested building permits where said permits are issued within two (2) years after the date
of final plat approval. Where the applicant demonstrates that development has commenced on
a timely basis and is continuing in good faith, this period may be extended but in no case shall
this period exceed five (5) years after final plat approval. Administrative procedures for
demonstrating that development has commenced on a timely basis and is continuing in good
faith shall be established in the land development regulations.
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Ordinance No. 2008-12
Page 13
.
Except as provided below, in no instance shall a building permit be issued authorizing
construction of a new building or expansion of an existing building unless facilities
necessary to maintain LOS standards are existing and available or are assured to be
existing and available within the following timeframes~ relati'.'e to the d=tte of issu=tnce of
a certific=tte of use =tnd occup=tncy (CO)
1} Necessary water, sewer, solid waste and drainage facilities must be in place and
available at the time of issuance of a CO;
2} Necessary park land must be dedicated to and accepted by the City no later than
the date of issuance of the first CO for that development or funds in the amount
of the developer's fair share shall be committed prior to the issuance of the first
CO unless the developer has entered into a binding agreement to dedicate an
improved park site within twelve months after issuance of the first CO;
3} Necessary transportation facilities must be contracted for construction no later
than 36 months after issuance of a CO
· Assurance that the facilities (the term facilities shall mean or shall include land,
and the phrase 'construction of facilities' shall mean acquisition of land, when
applicable to a Plan LOS standard) will be constructed, or acquired and
available, within the timeframes established in the above paragraph shall be
provided by the following means:
(4) Necessary public school facilities must be in place or under actual construction
within 3 years after issuance of final subdivision or site plan approval or the
functional eQuivalent. or assured by a proportionate share mitiaation aareement.
4,2} The necessary facilities are under construction at the time the building permit is
issued;
52} The necessary facilities and services are the subject of a binding executed
contract for the construction of the facilities or the provision of services at the
time the building permit is issued;
eI) The necessary facilities are funded and programmed in the first year of the
implementing agencies adopted capital budget or are programmed in the CIE for
the construction or acquisition; the necessary facilities shall not be deferred or
deleted from the CIE work program or adopted one-year capital budget unless
the dependent building permit expires or is rescinded prior to the issuance of a
certificate of use or occupancy;
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Ordinance No. 2008-12
Page 14
7~) The necessary facilities are programmed, in the five year first three (3) years of
~capital facility plan or work program of the State agency having operational
responsibility for affected facilities, for construction or acquisition;
g~) The necessary facilities and services are guaranteed, in an enforceable
development agreement, to be provided by the developer. An enforceable
development agreement may include, but is not limited to, development
agreements pursuant to Section 163.3220, F.S. or an agreement or development
order issued pursuant to Chapter 380, F.S.; or
910) Timely provision of the necessary facilities will be guaranteed by some other
means or instrument providing substantially equivalent assurances.
-U>.11) Where solid waste disposal facilities are to be available for years 3 through 5
pursuant to the adopted LOS standard are not in place and available prior to the
issuance of a CO, a commitment for that capacity to be in place and available to
accommodate projected demand in those future years shall be made through the
means above, prior to the issuance of a CO.
4412) A proposed development will not be denied a concurrency approval for
transportation facilities provided that the development is otherwise consistent
with the adopted Comprehensive Plan and it meets the following criteria
pursuant to Section 163.3180, F.S.:
· The proposed development is located within the Urban Infill Area (UIA),
as adopted and described in the 1997 Miami-Dade County
Comprehensive Development Master Plan Capital Improvements
Element and the Transportation Element, Traffic Circulation Subelement
Policy 1 B.
It is anticipated that after building permits are issued, determinations of concurrency prior to the
issuance of COs may simply involve review and verification of compliance with terms and
conditions set forth in the foregoing paragraphs.
The concurrency management system is solely used to implement minimum level of service
standards. In the review of applications for development orders, neither the satisfaction of
these minimum standards, nor exceptions from them, shall preempt the City of Aventura from
considerations of any other standards nor criterion set forth in the applicable development
regulations. "
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Ordinance No. 2008-12
Page 15
Section 4. Amendment to the Interaovernmental Coordination Element. The
Intergovernmental Coordination Element of the City of Aventura Comprehensive Plan is
hereby amended as follows 1:
Policy 1.21 is added to Objective 1 regarding establishment of level of service standards
for public school facilities
"Policy 1.21
The Citv shall execute and follow the orocedures established in the adooted "Amended and
Restated Interlocal Aareement for Public School Facilities Plannina in Miami-Dade Countv:
made between Miami-Dade Countv. Miami-Dade Countv Public Schools and non-exemot
municioalities for co-ordination and collaborative olannina and decision makina of land uses.
oubic school facilities sitina. decision makina on oooulation oroiections. location and extension
of oublic facilities subiect to concurrencv and sitina of facilities with a countvwide sianificance.
The City shall coordinate with Miami-Dade County Public Schools. the County and other parties
to the adopted Interlocal Aareement for Public School Facility Plannina to establish LOS
standards for public school facilities and any amendments affectina public school concurrency."
Policies 1.21 to 1.24 inclusive of Objective 1 are renumbered
"Policy .f...2t1.22
The City will annually review Miami-Dade County Public School's Tentative District Educational
Facilities Plan and the 5-Year Workplan, as provided for in the "Interlocal Agreement for Public
School Facility Planning in Miami-Dade County". This review will include an analysis of the
Tentative District Educational Facilities Plan and the 5-Year Workplan's consistency with the
Comprehensive Plan, and the identification of any necessary Comprehensive Plan
amendments.
Policy -1.221.23
The City shall continue to coordinate with the State and other agencies, as appropriate, in
achieving the goals, objectives, and policies of the State Comprehensive Plan.
Policy 4.231.24
The City shall continue to coordinate with the South Florida Regional Planning Council, and
other agencies as appropriate, in achieving the goals, objectives, and policies of the South
Florida Strategic Regional Policy Plan.
Policy 4.241.25
The City shall coordinate, as appropriate, with the State of Florida, South Florida Regional
Planning Council, Miami-Dade County Public Schools, and other agencies in the adoption of a
Public Schools Element into the Comprehensive Plan by 2008. Areas to be addressed in the
Public Schools Element include, but are not limited to, public school concurrency requirements,
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Ordinance No. 2008-12
Page 16
coordination with other jurisdiction in the development and implementation of uniform school
concurrency procedures, proportionate share school impact mitigation options for developers,
the collocation of schools with other public facilities, the location of schools proximate to
residential areas, the use of schools as emergency shelters, the location of existing and
planned school facilities (including maps). "
Section 5. 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 6. Inclusion in the Comprehensive Plan. 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 7. Transmittal. The City Clerk is directed to transmit the amendment
to the State of Florida Department of Community Affairs and other agencies as
provided under Chapter 163, Part II of the Florida Statutes.
Section 8. Effective Date. This Ordinance shall be effective pursuant to
Chapter 163 of the Florida Statutes.
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Ordinance No. 2008-12
Page 17
The foregoing Ordinance was offered by Vice Mayor Stern, who moved its
adoption on first reading. This motion was seconded by Commissioner Joel, 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 Billy Joel yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Michael Stern yes
Mayor Susan Gottlieb yes
The foregoing Ordinance was offered by Commissioner Stern, who moved its
adoption on second reading. This motion was seconded by Commissioner Holzberg,
and upon being put to a vote, the vote was as follows:
Commissioner Bob Diamond yes
Commissioner Teri Holzberg yes
Commissioner Billy Joel yes
Commissioner Michael Stern yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Zev Auerbach yes
Mayor Susan Gottlieb yes
PASSED on first reading on this 2nd day of October, 2007.
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Page 18
PASSED AND ADOPTED on this 3rd day of June, 2008.
APPRO~G~:
CITY ATTORNEY
18