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01-21-2010 Workshop The C~ty of Aventura City Commission Workshop Meeting January 21,2010 9 A.M. Executive Conference Room 19200 West C-ollntrv Ollh Drive AventllTa. Fl. AGENDA 1. Amended Mall Police Services Agreement (City Manager)* Future Action Required: Resolution 2. Proposed Amendment to Sign Regulations Section of the Land Development Code (City Manager)* Future Action Required: Ordinance 3. Legislative Program And Priorities (City Manager)* Future Action Required: Resolution 4. Adjournment Next Month: Update from County on Library Project * Back-up Information Exists This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, 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. CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka ICMA-CM, City M DATE: January 13, 2010 SUBJECT: Revised Police Services Agreement With Aventura Mall February 2, 2010 City Commission Meeting Agenda Item _ RECOMMENDATION It is recommended that the City Commission approve the attached Agreement with the Aventura Mall for Police Services. The Agreement replaces the one entered into February 2002. The Agreement increases the number of full-time police officers stationed on the Mall premises from ten (10) to twelve (12) to address the expansion of the Mall and increased service calls. The Agreement addresses security improvements, which are mutually beneficial to the Mall and the residents of the City. BACKGROUND In August of 1998, the City and the Mall entered into a Police Services Agreement to ensure that adequate police protection was available and to lessen the Mall's impact on police services for the remainder of the community, in light of the major Mall expansion. The Agreement provided for three (3) full-time officers and off-duty police officers. In 2002, a new Agreement was entered into to address the expansion of the Mall and was based on the concept of relying more on full-time police officers and less on the use of off-duty officers. That Agreement provided for a Supervisor and nine (9) fulltime officers. The Mall was responsible for the cost of seven and one-half (71/2) officers at a cost of sixty-five thousand dollars ($65,000) per officer. The payment was subject to an annual CPI increase. The City assumed the cost of the Supervisor and one and one half officers. In 2008, based on the expansion of the Mall and a review of service calls the City and representatives of the Mall began discussions to possibly expand the police services and update the Agreement. Attached is the new Agreement that both parties finalized this month. The major change was an increase inthe number of fulltime police officers to eleven (11). Memo to City Commission Page 2 The major points of the Agreement are as follows: 1. The City will provide eleven (11) police officers and one (1) supervisor based on the schedule included in the Agreement. 2. The Mall will pay to the City $760,000 annually for the services provided. This amounts to offsetting the cost of 9.5 officers. The cost per officer was increased to $80,000 per year. The payment is subject to annual CPI increases. 3. The Agreement provides for a minimum number of hours that the City is required to provide police services to the Mall based on the attached schedule and normal time off for the officers. The Mall can deduct the deficient hours against their payments. 4. Off-duty police officers will be provided on an as-needed basis based on the request of the Mall. 5. The Agreement is for five years with automatic one-year renewals unless either party cancels six months prior to the expiration of the term. Based on ongoing discussions between the parties, the budget anticipated the additional officers to meet the requirements of the Agreement and therefore no revisions are necessary. I would like to take this opportunity to thank and commend the Mall representatives and owners for their cooperation and mutual concern for the safety of the Mall patrons and police service needs of the community. If you have any questions, please feel free to contact me. EMS/aca Attachment POLICE SERVICES AGREEMENT THIS AGREEMENT (this "Agreement") is effective as of the _ day of , 2009 (the "Effective Date") by and between the CITY OF AVENTURA, FLORIDA, a Florida municipality ("CITY") and AVENTURA MALL VENTURE, a Florida general partnership ("OWNER"). WHEREAS, OWNER is the owner and operator of the Aventura MALL (the "MALL") which constitutes the largest retail shopping facility within the CITY and within the region, and provides more than two million square feet of retail space; and WHEREAS, the volume and intensity of retail activities at the MALL creates special police and law enforcement demands; and WHEREAS, OWNER wishes to help offset CITY'S costs which result from the provision of law enforcement services at the MALL; and WHEREAS, the City Commission finds that this Agreement constitutes a public purpose in providing police services and a tool to offset a portion of the cost of CITY'S law enforcement services required by the MALL; and WHEREAS, OWNER and CITY have previously entered into a Police Services Agreements dated February 28,2002 (the "Prior Agreement"); and WHEREAS, simultaneous with the execution of this Agreement, the Prior Agreement will terminate and except as otherwise expressly provided in Section IX herein, shall be of no further force and effect. THE PARTIES HERETO DO COVENANT AND AGREE, AS FOLLOWS: Section I. Incorporation of Recitals. The foregoing recitals are hereby incorporated herein and made a part hereof by this reference. Section II. Provision of Law Enforcement Services. A. On Duty MALL Zone Patrol At a minimum, CITY shall provide the services of a total of eleven (11) on-duty, full time law enforcement officers (individually, and collectively, the "Officers") for purposes of enhancing police response times at the MALL and avoiding unnecessary interruptions of regular CITY police patrols. In addition to the Officers, CITY shall provide at its cost, one (1) full time supervisor, and one (1) supervisor who works thirty (30) hours per week which supervisors shall be stationed at the MALL to oversee the Officers (collectively, the "Supervisors" and together with the Officers, sometimes hereinafter collectively referred to as the "Personnel"). Subject to the provisions of Paragraph C below, OWNER shall be responsible to pay for CITY's cost of providing the equivalent of nine and one half (9 %) full time Officers at the MALL 1 214516v9(JMC's Revisions 1111/2010) and CITY shall be responsible for the cost of providing the equivalent of one and one half (1 %) full time Officers plus the cost of the Supervisors at the MALL. For purposes of this Agreement, the term "full timeU shall mean a forty (40) hour work week with two (2) weeks paid vacation and one (1) week of sick time. All Personnel shall work exclusively during the shift hours and in the locations specified on Exhibit "A- attached hereto and made a part hereof (the "Schedule"), plus 30 hours of additional time to be used during the Holiday Season as later defined (the "Unallocated Time") and in no event shall Personnel be permitted to charge hours to the MALL when simultaneously working for other MALL tenants or occupants. Scheduled Personnel shall at all times during shift hours be situated in their required locations in such a manner so as to ensure maximum visibility and exposure to MALL patrons. Scheduled Personnel may only be re-directed by CITY from the MALL on account of, and for so long as is reasonably necessary during the pendency of, an extraordinary police circumstance (i.e., a violent crime, any situation that may develop into a violent situation, natural disaster, terrorist act or major civil unrest requiring unusual police reinforcement, but in no event shall a routine shoplifting constitute such an extraordinary police circumstance). Notwithstanding the pendency of an extraordinary police circumstance, in no event shall Personnel be permitted to leave unattended the AMC Bridge and Piazza locations as defined on the Schedule. Personnel shall use their best efforts to be highly visible. In no event may scheduled shift hours be modified unless consented to by MALL and, if applicable, the City Manager as provided in Paragraph G below. CITY will use its best efforts to have the Personnel execute a Limited Waiver and Release of Liability in favor of OWNER in a form agreed to by both CITY and OWNER on or before the date each such law enforcement Personnel commences work at or about the MALL. B. Administration of Work The Supervisors shall submit to the MALL's designated representative ("MALL Management") a roster of the names of the Personnel assigned to work at the MALL and shall e-mail each day to MALL Management a daily log stating the actual hours worked by the Personnel by location. Any changes made to the Personnel roster shall promptly be reported to MALL Management. The Supervisors shall be at the MALL during the hours specified on the Schedule and shaH be responsible to meet weekly with MALL Management to discuss security and any other matters related to the performance and administration of this Agreement. The CITY will use its best efforts to assign the Supervisors to the MALL for periods of not less than one (1) year intervals. Additionally, during the holiday season as shown on Exhibit "B" attached hereto (the "Holiday Season") whenever scheduled Personnel are absent, the CITY shall use its best efforts to find a replacement Personnel, selected and paid for by CITY to cover such duties. Both CITY and OWNER agree it is essential for the Supervisors to have a good working relationship with OWNER. Should any 2 214516v9(JMC's Revisions 1/1112010) problems arise regarding supervision, the Police Chief and MALL Management will promptly meet to address any such issues. C. Payment Subject to adjustment as hereinafter provided, OWNER shall pay to CITY, based on an $80,000 per annum salary for each of the nine and one half (9 %) Officers OWNER shall be responsible to pay for, the annual sum of Seven Hundred Sixty Thousand Dollars ($760,OOO), payable in arrears, in equal monthly installments, for each year of the duration of this Agreement (the "Paymenf'). The Payment together with CITY's obligation to pay for the cost of certain of the Officers and Supervisors as set forth above, represent a total annual commitment by the CITY to provide a minimum of 24,960 hours of law enforcement personnel to the MALL net of vacation time (the "Total Annual Hours Requirement") as more particularly shown on Exhibit "A-1" attached hereto. Subject to .\~~/!erms of Paragraph F below, OWNER shall be entitled to a credit equal to 00Avfor each hour of service not provided to the MALL by the CITY (the "Hourly Credit") in any given calendar year which is below the Total Annual Hours Requirement. Notwithstanding the foregoing, OWNER's obligation to commence making the full monthly payments shall not commence until CITY has commenced to provide the services of the eleven (11) officers constituting the Officers and the Supervisors in accordance with the terms of this Agreement. The Payment and the Hourly Credit shall be subject to annual Consumer Price Index {CPI} increases in October of each year beginning on October 1, 2010. The Payment shall be inclusive of and shall not reduce or offset any applicable ad valorem taxes, normal CITY revenues, impact fees and any other fees as provided by law. The CITY represents that no sales tax is due on the Payment. However, if sales tax does become due and payable, then CITY shall indemnify OWNER for any such sales tax due which indemnity shall survive the expiration or earlier termination of this Agreement. D. Off Duty Subject to CITY law enforcement personnel and resource limitations, CITY shall provide off duty law enforcement officers ("Off-Duty Officers") for private duty details to the MALL on an as needed basis upon the request of OWNER. OWNER hereby agrees to provide CITY at least two (2) weeks' prior written notice in the event the services of Off-Duty Officers are needed. OWNER shall pay to CITY the prevailing off duty police officer rate per hour as established by CITY and in accordance with any future increases to said rate for all off duty officers. E. City Personnel The Personnel shall at all times be and remain employees of CITY. CITY will pay and be solely responsible for any and all compensation due and owing to the Personnel, including, without limitation, all employer contributions, employer provided benefits, all required employer payroll taxes and with holdings as levied by the appropriate authorities. CITY shall provide for all administration of the Personnel. Accordingly, CITY agrees to indemnify OWNER from any employer liability or obligations, which are referenced in this Paragraph (E), which indemnity shall survive the expiration or earlier termination of this Agreement. 214516v9(JMC's Revisions 1/1112010) 3 F. Record Maintenance. Audit and Reconciliation. CITY shall be responsible for maintaining and providing to OWNER on a daily basis, within three (3) business days of such day, a true and complete daily accounting of all hours worked by all Personnel at the MALL for the preceding day together with any such other information as OWNER may reasonably request (the "Police Hours Report"). OWNER shall then prepare a monthly report comparing actual hours of all Personnel worked as set forth in the Police Hours Report against the scheduled hours of all Personnel for each such month and additionally Identify if the MALL's records disagree with the Police Hours Report (each, a "Monthly Report"). OWNER shall provide CITY with a copy of each Monthly Report and if not objected to by CITY in writing within ten (10) business days after delivery to the CITY, each such Monthly Report shall be deemed final and binding. On or before November 15 of each calendar year during the term of this Agreement (the "Initial Reconciliation"), OWNER shall total the hours worked by all Officers and Supervisors based on the Monthly Reports prepared to date for such calendar year through October 31, and to the extent OWNER determines that CITY has not provided sufficient hours based on the Schedule plus the Unallocated Time to meet the Total Annual Hours Requirement by December 31 of such year (the "Anticipated Deficiency Hours"), CITY may elect to (i) allow OWNER to offset the Anticipated Deficiency Hours multiplied by the Hourly Credit amount from the December payment to be made in January and the ensuing monthly payments to the extent necessary to allow OWNER to fully offset such deficiency and/or (Ii) provide additional Personnel to be paid for by CITY during the Holiday Season at such locations and during such hours as CITY and OWNER mutually agree. No later than thirty (30) days following the expiration of each calendar year during the term hereof, a final reconciliation of the previous year's time of Officers and Supervisors provided to the MALL based on the Monthly Reports provided for such year shall be totaled (the "Actual Time") and to the extent of any difference between the Total Annual Hours Requirement and the Actual Time after giving effect to any offsets and additional hours worked as a result of the Initial Reconciliation (the "Deficiency Hours"), OWNER shall be entitled to offset from the December payment to be made in January and the ensuing monthly payments to the extent necessary an amount equal to the Deficiency Hours multiplied by the Hourly Credit amount. It shall be CITY's responsibility to monitor and self audit all aspects of its Personnel's and the Supervisors' performance and to ensure that all Personnel and the Supervisors are properly performing their duties required by this Agreement. The provisions of this paragraph shall survive the expiration or earlier termination of this agreement. In the event of any partial year of this Agreement, all adjustments shall be subject to pro rata adjustment. G. Manoower Revisions Any deviations from the scheduled manpower requirements established in this Agreement as set forth on the Schedule shall be subject to the approval of the City Manager or his designee and OWNER. CITY shall be responsible at its sole cost and expense for any over~time costs for the Personnel and for any time required by the Personnel to attend any and all legal 214516v9(JMC's Revisions 1/1112010) 4 proceedings and to otherwise fulfill its staffing obligations under this Agreement. However, this shall not impair any liability of OWNER pursuant to City Code Section 18-80 concerning Police Cost Recovery. H. Intentionallv Deleted. I. Annual Review Police law enforcement needs for the MALL shall be evaluated semi-annually by CITY and OWNER in order to discuss if any changes are necessary to improve security at the MALL. The first evaluation shall take place one year after the Effective Date. Section III. Term of Aareement. This Agreement shall be in full force and effect for a period commencing on the Effective Date hereof and expiring five (5) years thereafter, and shall thereafter be subject to automatic one (1) year renewals unless either party gives written notice of termination at least three (3) months prior to the then expiration of this Agreement. Section IV. Coooeration. A. OWNER and CITY shall use their best efforts to cooperate with each other in connection with the performance of this Agreement. B. OWNER shall continue in the ordinary course of its business practices to provide routine private security guard services for the safety of patrons and for protection of property and prevention of theft, at OWNER's sole cost and expense. Nothing in this Agreement shall serve to create or relieve OWNER of any responsibility or liability imposed, directly or indirectly, by any applicable law to provide any such security services. Additionally, any arrangements made by OWNER or merchants at the MALL for additional off-duty law enforcement services shall be independent of this Agreement. C. Other than the provision of the allocated police presence which is provided pursuant to this Agreement, OWNER recognizes that this Agreement does not impose any special duty upon CITY. and recognizes that CITY shall provide law enforcement services to the Mall and on the same basis that CITY provides such services throughout the City. This paragraph (C) shall not be construed to impair any applicable indemnification provisions as provided pursuant to Section VII below. Section V. Default. A. OWNER Event of Default. Without limitation, failure by the OWNER to substantially fulfill any of its material obligations in accordance with this Agreement, unless such failures are justified by force majeure, shall constitute an "OWNER Event of Default", If an OWNER Event of Default should occur, the 214516v9(JMC's Revisions 111112010) 5 CITY shall have all of the following rights and remedies, which it may exercise singly or in combination: 1. In addition to all rights and remedies provided under Florida law, the right to declare that this Agreement, together with all rights granted to OWNER hereunder, terminated, effective upon such date as is designated by the CITY, provided OWNER fails to cure such default for a period of thirty (30) days after receipt of written notice from the CITY of such default (or longer period, provided that (1) the nature of the default is such that it cannot be cured in a period of thirty (30) days from the date of the default; (2) OWNER shall commence good faith efforts to cure such default no later than thirty (30) days after such notice, and (3) such efforts are prosecuted to completion, to CITY's reasonable satisfaction). 2. The right to terminate this Agreement, effective on such date designated by CITY, in the event OWNER shall be in breach of any of the terms or provisions of this Agreement on two (2) or more occasions during any consecutive twelve (12) month period, notwithstanding OWNER's right to cure, B, CITY Event of Default. Without limitation, the failure by the CITY to substantially fulfill any of its material obligations in accordance with this Agreement, unless such failures are justified by force majeure, shall constitute a "CITY Event of Default", If a CITY Event of Default should occur, the OWNER shall have the following rights and remedies, which it may exercise singly or in combination: 1. In addition to all rights and remedies provided under Florida law, the right to declare that this Agreement, together with all rights granted to CITY hereunder, terminated, effective upon such date as is designated by the OWNER, provided CITY fails to cure such default for a period of thirty (30) days after receipt of written notice from the OWNER of such default (or longer period, provided that (1) the nature of the default is such that it cannot be cured in a period of thirty (30) days from the date of the default; (2) CITY shall commence good faith efforts to cure such default no later than thirty (30) days after such notice, and (3) such efforts are prosecuted to completion, to OWNER's reasonable satisfaction). 2. The right to terminate this Agreement, effective on such date designated by OWNER, in the event CITY shall be in breach of any of the terms or provisions of this Agreement on two (2) or more occasions during any consecutive twelve (12) month period, notwithstanding CITY's right to cure, Section VI. GoverninQ Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The parties agree to submit to service of process and jurisdiction of the State of Florida for any controversy or claim arising out of or relating to this Agreement or a breach of this Agreement. Venue for any court action between the parties for any such 214S16v9(JMC's Revisions I1111201O) 6 controversy arising from or related to this Agreement shall be in the Eleventh Judicial Circuit in and for Miami-Dade County, Florida. The parties hereby voluntarily waive the right to trial by jury in any such proceedings. Section VII. Indemnitv. A. Subject to the specific monetary limits provided by Section 768.28(5), F.S., and the additional monetary limits of any applicable insurance policy maintained by OWNER. OWNER shall indemnify, defend and hold harmless CITY and its affiliates, and their respective members, managers, officers, directors, employees and agents (collectively the "City Indemnified Parties") from and against any and all losses, claims, damages, expenses (including reasonable attorneys' fees) and liabilities incurred or paid by any of the City Indemnified Parties in connection with the investigation, defense, prosecution, settlement or appeal of any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative, and to which any of the City Indemnified Parties was or is a party or is threatened to be made a party by reason of or arising out of, and solely to the extent the same arises out of, the negligence or willful misconduct of OWNER or any of OWNER's partners, officers, employees, agents or contractors solely in connection with this Agreement. B. Subject to the specific monetary limits of Sec. 768.28(5), F.S., and the additional monetary limits of any applicable insurance policy maintained by CITY, CITY shall indemnify, defend and hold harmless OWNER and its affiliates, and their respective partners, shareholders, members, managers, officers, directors, employees and agents (collectively the "Owner Indemnified Parties") from and against any and all losses, claims, damages, expenses (including reasonable attorneys' fees) and liabilities incurred or paid by any of the Owner Indemnified Parties in connection with the investigation, defense, prosecution, settlement or appeal of any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative, and to which any of the Owner Indemnified Parties was or is a party or is threatened to be made a party by reason of or arising out of, and solely to the extent the same arises out of, the negligence or willful misconduct of CITY or any of its officers, employees, agents or contractors solely in connection with this Agreement. C. Except when the additional monetary limits of any applicable insurance policy maintained by CITY or OWNER, respectively, is applicable pursuant to Paragraphs (A) or (B) above, the obligations provided by Paragraphs (A) and (8) shall be subject to the monetary limits of Sec. 768.28(5), F.S., regardless of whether said Sec. 768.28(5), F.S., monetary limits would apply in the absence of this paragraph. Section VIII. Entirety of AQreement. This Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements, and 214S16v9(JMC's Revisions 1/1112010) 7 understandings applicable to the matters contained herein. The parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this Agreement, and that this Agreement contains the entire Agreement between the parties as to the matters contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that any oral representations or modifications concerning this Agreement shall be of no force or effect, and that this Agreement may be modified, altered or amended only by written agreement duly executed by both parties hereto or their authorized representatives. The City Manager shall act for the CITY hereunder. Section IX. Termination of Prior Aareement. Upon the Effective Date the Prior Agreement shall terminate and be of no further force and effect, and OWNER and CITY shall be relieved from all obligations thereunder accruing after the Effective Date. This shall not release either party from an obligation under the Prior Agreement for any claim or damage which occurred prior to the Effective Date. Section X Headinas. Captions and headings in this Agreement are for ease of reference only and do not constitute a part of this Agreement and shall not affect the meaning or interpretation of any provisions herein. Section XI Riahts of Others. Nothing in this Agreement expressed or implied is intended to confer upon any person other than the parties hereto any rights or remedies under or by reason of this Agreement. There shall be no third party beneficiaries. Section XII. Waiver. There shall be no waiver of any right related to this Agreement unless in writing signed by the party waiving such right. No delay or failure to exercise a right under this Agreement shall impair such right or shall be construed to be a waiver thereof. Any waiver shall be limited to the particular rights so waived and shall not be deemed a waiver of the same right at a later time, or of any other right under this Agreement. Section XIII. Invalidity of Provisions. Severabilitv. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement, provided that the material purposes of this Agreement can be determined and effectuated. Section XIV. Notice. Notices to CITY provided for herein shall be sufficient if sent by Federal Express or certified mail, return receipt requested, postage prepaid, addressed to City Manager at 19200 West County Club Drive, Aventura, Florida 33180, and notice to OWNER. if sent by Federal Express or certified 214S16v9(JMC's Revisions 111112010) 8 mail, return receipt requested, postage prepaid addressed to OWNER at 19501 Biscayne Blvd., Suite 400, Aventura, Florida 33180 or such other respective address as the parties may designate to each other in writing from time to time. Section XV. Force Majeure. Neither party hereto shall be liable for its failure to carry out its obligations under this Agreement during any period when such party is rendered unable, in whole or in part, by force majeure to carry out such obligations, but the obligations of the party relying on such force majeure ("Relying Party") shall be suspended only during the continuance of any inability so caused and for no longer than the period of said unexpected or uncontrollable event, and such cause, so far as possible, shall be remedied with all reasonable dispatch. It is further agreed that the obligations of the party not relying on such force majeure ("Nonrelying Partyn) shall also be suspended during the period of time in which the Relying Party is unable to carry out its obligations under the terms of this Agreement pursuant to such force majeure. It is further agreed and stipulated that the right of any party hereto to excuse its failure to perform by reason of force majeure shall be conditioned upon such party giving the other party, written notice of its assertion that a force majeure delay has commenced within ten (10) working days after such commencement, unless there exists good cause for failure to give such notice, in which event, failure to give such notice shall not prejudice any party's right to justify any non-performance as caused by force majeure unless the failure to give timely notice causes material prejudice to the other party. It is further agreed and stipulated that each party hereto shall make its best efforts to carry out its obligations under this Agreement during any period when such party is rendered unable, in whole or in part, by force majeure to carry out such obligations. This Agreement is entered into on the date written above. CITY OF AVENTURA, a Florida municipality By: Eric M. Soroka CITY MANAGER Attest: Teresa M. Soroka, CMC CITY CLERK Approved as to form: CITY ATTORNEY 214516v9(JMC's Revisions 1111/2010) 9 Witnessed by: Print Name: Witnessed by: Print Name: 214516v9(JMC's Revisions 111112010) AVENTURA MALL VENTURE, a Florida general partnership By: Title: 10 w"Cl :3 C o Rl .s:; E o (\} rt'I"Cl - (\} C~ ~~ c ... nl III ... C o 0 .~ ~ c: v Cl.I 0 Q. - ::l"Cl V'l c 4:! Rl :2~ V'l E '-+:l 5 Cl.I .s::.-:5 ~o~ (\) >- 0 c: "Cl ._ ~ ::s 10 'P ti v - 0 -cu.... ~CtlO - '- C .-I (\} .- -t:~ .s::.._ _ :!:!1Il(5 ~=='I- III Rl (\} ~~-:5 I.J Cl.I C eo oS :; c (\} Cl.I 0 C ,~ "Cl ,2 oQ)~ 0.. III -4J Rl III ::::cc(lj nl '..0 ~~E Rl (\} ::s ... Cl.I E E ~ ._ c == c Cl.l Rl .- ~ E ~ (\} Q) -4J E oS Rl -~ ta := == >- ~ ~iii~ ->Cl.l .-I 'ii) v C..2lE c ~ 0 ~ Cl.I ~ Cl.I ~ Q) mo~ .. ~ Q) ~ ~ lio J ~ III Q ... .- .....o"Cl : III Q) V ,- Q) 11\ c: CQ.I Q) $ ~.; Q~~ z:$:o OV'l- ~ UoI ~ u.. u.. o ~ z p ~ ~ ~ J ~ U.I ~ a: o u.. ;i ~ Q. o a: a. 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""'0 c:!i1 .g~ 5~ ~fJ) g :;r x :;C:I!! . r:. _0 P-~ ~-i ~fti '"-"...., ~2 ~~ ~""" 3~ li ;i.j~ ~~~ ii'gl!!'i --- 6~ :3:0 ...."5- ~~ l!!~~ ::J{6$ 1!!~:=fJ) 5-gt~ :3:-S\l)~ 8 "i ~! e-ij::J.... ornfJ)$]. z g ~ ::i i I! ::J i .... -g III .l ~ ,.. ~l ~~ .~ ~ 8"% clS2 ~\I) o~ ~8 ~e 2~ \-,0 I ~ 8 1 Iii b z i ~ \ CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA-CM City Manager BY: Joanne Carr, AICP(\ fjf - Community Develo~i3irector DATE: January 14, 2010 SUBJECT: Proposed Sign Code Amendments Temporary Political Signs January 21, 2010 City Commission Workshop The City Attorney's Office has recommended amendments to the City's Sign Code to enhance compliance with recent case law. A draft ordinance incorporating these changes is attached. Staff will schedule the ordinance for first reading based on City Commission's direction. The major amendment deals with temporary political signs. At present, these signs are regulated by Sections 34-61 to 34-65 inclusive of the City Code. Staff proposes to delete these sections and incorporate them into Section 31-191 with the rest of our temporary sign code regulations. The City Attorney advises that recent case law requires our Code treat temporary political signs the same as all other temporary signs such as construction signs, garage sale signs and open house signs. The restrictions and requirements for temporary political signs currently in Chapter 34 of the Code are proposed to be transposed to Chapter 31, with revision to the size, number and related restrictions. The requirements for placement on public right of way or public property, for bond and exemption from bond, time of posting and removal, setback from street and responsibility for hazards and removal that currently apply to temporary political signs are now proposed to apply to all temporary signs, as applicable. Other amendments to Section 31-191 are proposed on recommendation by the City Attorney's Office, including addition of special applicability, substitution and severability clauses to our sign code, amendment and addition of definitions, and the deletion of all references to staff discretion in the permit issuance process. ORDINANCE NO. 2010- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, REPEALING DIVISION 2 "TEMPORARY POLITICAL SIGNS" OF ARTICLE III, SIGN CODE, OF CHAPTER 34 "PLANNING AND ZONING" OF THE CITY CODE AND AMENDING ARTICLE IX OF CHAPTER 31 "SIGN REGULATIONS" OF THE CITY'S LAND DEVELOPMENT REGULATIONS, CHAPTER 31 OF THE CITY CODE TO AMEND EXISTING REGULATIONS OF SIGNS WITHIN THE CITY SO AS TO ENHANCE COMPLIANCE WITH RECENT CASE LAW AND TO REPEAL EXISTING REGULATIONS OF TEMPORARY POLITICAL SIGNS AND PROVIDE FOR THEIR REGULATION ELSEWHERE IN THE LAND DEVELOPMENT CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR PENALTY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura is desirous of amending the City's Land Development Regulations to amend existing regulations of signs within the City so as to enhance compliance with recent case law; and to repeal existing regulations of temporary political signs and to provide for their regulation elsewhere in the Land Development Regulations; and WHEREAS, the City is required to adopt sign regulations as part of its Land Development Regulations pursuant to the Growth Management Act, Part II of Chapter 163, Florida Statutes; and WHEREAS, the City's legislative intent in adopting these sign regulations is not to censor speech, but rather to provide for the public welfare by regulating the size, type, location and appearance of signage in the City in a manner that enhances the aesthetics of the community, reduces visual pollution, provides clear information regarding the location and identity of businesses, residences, and other uses in the community, and minimizes distractions to drivers in the interests of traffic safety; 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 amendments 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 Ordinance No. 2010 - Page 2 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 A VENTURA, 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. Division 2. "Temporary Political Signs" of Article III, "Sign Code" of Chapter 34 "Planning and Zoning" of the City Code, is hereby repealed in its entirety as follows 1: "ARTICLE III. SIGN CODE DIVISION 2. TEMPORARY POLITICAL SIGNS* Sec. 31 61. Purpose of :uticle. This article sh::lll go'.'ern the i nst::l Il:::1ti on , m::linten::lnce ::lnd displ:::1y of temporary politic31 signs in the City. Sec. 31 62. Definitions. The f-ollo\...ing words, terms ::lnd phr::lses, when used in this ::lrticle, shall h3ve the me::lnings ascribed to them in this section, except where the context c1e::lrly indic::ltes a diff-erent me::lning: Temporary pofftioal sign me::lns ::lny sign which ::ld'loc::ltes or suggests to the re3der th::lt he '.'ote for or ::lg::linst, endorse or not endorse, contribute or not contribute to, or othervvise support or refr::lin from supporting in ::lny W::lY ::lny proposition to be voted upon by the public or ::lny indi'lidu::l1 seeking election or ::lppointment to ::l p::lrticul::lr position or office. The term Sh311 ::llso include ::lny sign which decl::lres or ::lffirms support or endorsement for 3ny proposition to be voted on by the public or ::lny individu::l1 seeking election or ::lppointment to 3 p::lrticul:::1r position or office. Sec. 31 63. Loc3tion and inst3l1ation; size and number; time period; bond requirements. (3) PJaoement on right of wa}' or other public property. No temporary politic31 sign sh::lll be placed on public rights of W::lY or on property mAmed or used by the City. (b) Placement on 'lacant Jot; plaoement on utiHty palos, traffio signs, etc. No tempor::lry politic::l1 sign sh311 be placed upon any unimproved lot '....ithout the written consent of the property owner filed with the City Clerk prior to posting of the sign, or upon ::lny public utility polo 1 Underlined provisions constitute proposed additions to existing text; stricken through provisions indicate proposed deletions from existing text. ordinance No. 20'\0 - - page 3 ~ Ordinance No. 2010- Page 4 (n) Copy of 3rtio.JQ to be fl:1mished to o3ndick1tes. The City Manager or his designee shall furnish a copy of this article to all qualifying candidates, who shall sign and date an acknowledgment of receiving the document. Sec. 31 61. Removal of improper signs. (a) Ganer3Hy. Any temporary political sign not posted in accordance with the provisions of this article, and any such sign which exists in violation of this article, shall be deemed to be public nuisance and shall be subject to removal by the candidate, the property O'Nner or the City. If the City removes the sign as a last resort, the City Manager or his designee shall deduct the cost and expense of removal from the posted cash bond. (b) Emergency remov3!. Notwithstanding subsection (a) of this section, the City Manager may cause the immediate removal of any sign that constitutes a nuisance or poses an immediate danger to the health, safety or welfare of the community. City personnel may enter onto premises, with or 'I.'ithout the property o'Nner's consent, for emergency removal. Sec. 31 65. Enforcement; penalty. Any person ':.rho violates any provisions of this article shall, upon conviction, be punished by a fine not to exceed $500.00, or imprisonment in the County jail not to exceed 60 days, or both such fine and imprisonment. Each day that a violation continues shall be deemed a separate violation. This article shall be subject to enforcement under the Local Government Code Enforcement I\ct, F.S. ch. 162. Enforcement may also be by suit for declaratory, injunctive or other appropriate relief in a court of competent jurisdiction. Section 3. Amendment. Article IX. "Sign Regulations" of Chapter 31, Land Development Regulations is hereby amended to read as follows2: ARTICLE IX. SIGN REGULATIONS Sec. 31-191. Sign regulations generally. (a) Intent and purpose. The purpose of this section is to promote and protect the public health, safety and general welfare by regulating existing and proposed signs and other street graphics within the City. In particular, this section is intended to preserve the unique aesthetic character of the City and ensure that signs are compatible with their surroundings. It is further intended to protect property values, create a better business climate, enhance the physical appearance of the community, preserve the natural beauty of the City and improve vehicular and pedestrian safety and reduce visual pollution. It is the belief of this City Commission that the nature of signs is to provide an index to needed goods and services. It is the intention of this section to control those signs and to authorize the use of signs that are: (1) Compatible with their surroundings. (2) Expressive of the identity of individual proprietors or of the community as a whole. (3) Legible under the circumstances in which they are seen. 2 Underlined provisions constitute proposed additions to existing text; stricken through provisions indicate proposed deletions from existing text. Ordinance No. 2010- Page 5 (4) Effective in indexing the environment. (5) Conducive to promoting traffic safety by preventing visual distraction. (b) Applicabilitv. No sion shall be erected or maintained in the City, except in accordance with the provisions of this article. (c) Substitution. It is not the purpose of this article to reoulate or control the copy, content or viewpoint of sions. Nor is it the intent of this article to afford oreater protection to commercial speech than to noncommercial speech. Any sion, display or device allowed under this article may contain, in lieu of any other copy, any otherwise lawful noncommercial messaoe that complies with all other requirements of this article. The noncommercial messaoe may OCCUpy the entire sion area or any portion thereof, and may substitute for or be combined with the commercial messaoe. The sion messaoe may be chanoed from commercial to noncommercial. or from one noncommercial messaoe to another, as frequently as desired by the sion's owner, provided that the sion is not prohibited and the sion continues to comply with all requirements of this article. (d) Severabilitv. (1) General/v. If any part, section, subsection, paraoraph, subparaoraph, sentence, phrase, clause, term, or word of this article is declared unconstitutional by the final and valid iudoment or decree of any court of competent iurisdiction, this declaration of unconstitutionality or invalidity shall not affect any other part, section, subsection, paraoraph, subparaoraph, sentence, phrase, clause, term, or word of this article. (2) Severabilitv where less speech results. This subsection shall not be interpreted to limit the effect of subsection (1) above, or any other applicable severability provisions in the Code or any adoptino ordinance. The city commission specifically intends that severability shall be applied to these sion reoulations even if the result would be to allow less speech in the city, whether by subiectino currently exempt sions to permittino or by some other means. (3) Severabilitv of provisions pertaininG to prohibited siGns. This subsection shall not be interpreted to limit the effect of subsection (1) above, or any other applicable severability provisions in the Code or any adoptino ordinance. The city commission specifically intends that severability shall be applied to Section 31-191(f) "Prohibited sions," so that each of the prohibited sion types listed in that section shall continue to be prohibited irrespective of whether another sion prohibition is declared unconstitutional or invalid. (4) Severabilitv of prohibition on off-premises siGns and commercial advertisina siGns. This subsection shall not be interpreted to limit the effect of subsection (1) above, or any other applicable severability provisions in the Code or any adoptino ordinance. If any or all of Article IX. "Sion Reoulations" or any other provision of the City's Code is declared unconstitutional or invalid by the final and valid iudoment of any court of competent iurisdiction, the city commission specifically intends that that declaration shall not affect the prohibition on billboards in Section 31-191(f)(12) or the prohibition on commercial advertisino sions in Section 31-193(c). Ordinance No. 2010 - Page 6 fat @} Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Animated sign: A sign that uses motion of any part by any means, or that displays flashing, oscillating, sequential or intermittent lights other than time and temperature signs, stock market price quotations and changeable copy signs. Includes dioital video displays. Political sian: a sion identifyino or uroino support for or in opposition to a particular issue, political party. or candidate for political office. fGt ill Prohibited signs. The following are prohibited: fat {gl Required signs. The following signs shall be placed where relevant by a property owner and do not require a permit: ~ fhl Other signs/no permit required. The following signs may be placed without the filing of an application for the issuance of a permit or the payment of a fee, but shall, unless otherwise exempted, be subject to all other regulations set forth in this section. The foregoing exemption from filing shall not be construed to waive the other provisions of this section or the structural requirements outlined by this section and/or the ~ Florida Building Code, as may be amended from time to time. (11) Political sions. ffj ill Residential permanent signs. The following signs are authorized in all Residential Zoning Districts and Residential-Office Zoning Districts: (1) Development identification sign. Permitted only for (i) multifamily buildings with more than five units; (ii) single-family developments with more than five units; (iii) religious institutions, schools and public uses. Where multifamily dwellings are part of a larger development, there shall be only one development identification sign on each public street frontage of the development. Approvals City M:m:ager Sion Permit Required necessary: Number One monument sign (or sign mounted on perimeter wall) per street (maximum): frontage indicating the name and address of the complex, except two are permitted where attached to wall of symmetrical entrance feature. Sign copy area 32 square feet (aggregate if two signs). (maximum): Ordinance No. 2010 - Page 7 Sign height Eight feet. (maximum): Setback Six feet from right-of-way, 15 feet from side property line. (minimum): Illumination: Externally illuminated signs only. Changeable copy Schools, religious and public institutions only may be permitted one changeable copy sign in lieu of the permitted monument sign. Said sign sign: shall not exceed 32 square feet in sign area. (2) Directional. Approvals City M:mager Sian Permit Reauired necessary: Number: To be approved as part of site plan. If not approved as part of site plan, separate permits required. Sign area Four square feet each. (maximum): Sign height Three feet. (maximum): Other restrictions: No advertising copy. Logos may cover no more than 25 percent of the sign area. ffit ill Nonresidential district signs. The owner(s), or their authorized representative, may at their option, choose to use the following standards or alternatively, apply for approval as a multi-tenant center, pursuant to subsection (i)(1) hereof (provided that the subject center complies with the definition provided in this section). The following signs are authorized in all nonresidential districts in the City: (1) Detached, freestanding or monument signs where otherwise permitted, shall not be closer than 200 feet to any other previously permitted detached, freestanding or monument sign. Approvals necessary: City M::m3ger Sian Permit Reauired One per parcel; parcel must have frontage of at least 100 feet on a public street, except for gasoline station parcels where a 48 square foot sign shall be permitted notwithstanding the street frontage or distance Number (maximum): separation of the parcel occupied by the gasoline station. (Subdivision of an existing building or planned building group shall not entitle the new parcels to additional monument signs). Ordinance No. 2010 - Page 8 Sign area (maximum): 48 square feet. Sign height (maximum): Eight feet. Setback (minimum) From right-of-way line: Six feet. From side property line: 20 feet. Illumination: Externally illuminated signs or internally illuminated letters or logos only. Supplemental provisions: Option on number of signs if parcel has 300 or more feet of Two signs, aggregate area not to exceed 72 square parcel frontage and two two-way feet access points on different public streets. Logos may cover no more than 25 percent of the sign area. Time and temperature sign authorized within total permitted sign area. Landscaping and visibility sight See applicable provisions contained in this section. triangle on corner lot. Schools, religious and public institutions only may be Changeable copy sign: permitted one changeable copy sign in lieu of the permitted monument sign. Said sign shall not exceed 48 square feet in sign area. (2) a. Wall sign. (Permitted only on buildings where the majority of the floor area is in retail use. In the case of a multi-tenant center, wall signs are permitted on walls that face an access drive or internal courtyard.) Approvals necessary: Type: City M::m3ger SiQn Permit Required Reverse or channel letter sign only. Ordinance No. 2010- Page 9 One per ground or second floor establishment which has its own frontage and entrance facing a public street. (If the parcel frontage Number requirement for a monument sign precludes an office building from (maximum): having a monument sign, one building identification wall sign that otherwise meet the wall sign standards is authorized). Corner or through store locations may have an additional wall sign. Such second sign shall be limited to 50 percent of the square footage of the primary sign. One square foot for each one lineal foot of tenant frontage for each sign Sign area located within 300 feet of a street on which the building fronts. (maximum): 1.5 square feet for each one lineal foot of tenant frontage for each sign located more than 300 feet of a street on which the building fronts. Illumination: See definition of reverse or channel letter sign. Supplemental See gas station provisions contained in this section. provisions: b. Wall sign. (Permitted only on office and hotel buildings with signs located one to five stories high.) Approvals City M:moger Siqn Permit Required necessary: Type: Reverse or channel letter sign only. Number One wall sign per building. (maximum): Corner or through store locations may have an additional wall sign. Such second sign shall be limited to 50 percent of the square footage of the primary sign. Such second sign shall not be placed on the same building elevation as the primary sign. Sign area One square foot for each one lineal foot of building frontage. (maximum): No wall sign shall be installed on a building elevation that faces an Location: adjacent residentially zoned property located within 300 feet of the elevation. Illumination: See definition of reverse or channel letter sign. c. Wall sign. (Permitted only on office and hotel buildings with signs located six to ten stories high.) Approvals necessary: Type: City M:moger Siqn Permit Required Reverse or channel letter sign only. Ordinance No. 2010 - Page 10 Number Two wall signs per building, with one wall sign only per building (maximum): elevation. Sign area One and one-half square foot for each one lineal foot of building (maximum): frontage. No wall sign shall be installed on a building elevation that faces an Location: adjacent residentially zoned property located within 300 feet of the elevation. Illumination: See definition of reverse or channel letter sign. d. Wall sign. (Permitted only on office and hotel buildings with signs located 11 to 15 stories high.) Approvals City M::mager SiQn Permit Required necessary: Type: Reverse or channel letter sign only. Number Two wall signs per building, with one wall sign only per building (maximum): elevation. Sign area One and three-quarters square feet for each one lineal foot of building (maximum): frontage. No wall sign shall be installed on a building elevation that faces an Location: adjacent residentially zoned property located within 300 feet of the elevation. Illumination: See definition of reverse or channel letter sign. e. Wall sign. (Permitted only on office and hotel buildings with signs located 16 to 20 stories high.) Approvals City M::ln3ger SiQn Permit Required necessary: Type: Reverse or channel letter sign only. Number Two wall signs per building, with one wall sign only per building (maximum): elevation. Sign area Two (2) square feet for each one (1) lineal foot of building frontage. (maximum): No wall sign shall be installed on a building elevation that faces an Location: adjacent residentially zoned property located within 300 feet of the elevation. Ordinance No. 2010 - Page 11 Illumination: See definition of reverse or channel letter sign. (3) Canopy sign. Approvals necessary City M::mager Sion Permit Required Number (maximum): One per establishment. Sign area (maximum): Four square feet. Minimum clearance above ground: Eight feet. Must be rigidly attached. (4) Awning sign. Approvals necessary: City Manager Sion Permit Required Number (maximum): One per establishment. Lettering: One line; letters not to exceed nine inches in height. Logo: Maximum of six square feet. (5) Directory sign. Approvals City M::mager Sion Permit Required necessary: Number One per multi-tenant center, in addition to other permitted signs. (maximum): Sign area 32 square feet. Complex name and lor address shall not exceed 50 (maximum): percent of base height. Location: On building wall (or freestanding within internal courtyard). Illumination: Externally or internally illuminated signs. (6) Window sign (permanent). Approvals necessary: City Manager Sion Permit Required Number (maximum): One per establishment. Sign area (maximum): Four square feet. Illumination: Prohibited. Ordinance No. 2010- Page 12 (7) Directional sign. Approvals City M:ln3gor Sion Permit Required necessary: Number: To be approved as part of site plan; if not approved as part of site plan, permit required. Sign area Four square feet. (maximum): Height (maximum): Th ree feet. Other restrictions: No advertising copy. Logos may cover no more than 25 percent of the sign area. (8) Regional mall signs. The following signs are authorized in all regional malls located within the City consisting of an enclosed mall with a minimum of three major tenants (minimum 100,000 square feet), located on not less than 70 acres and consisting of not less than a total of 1,000,000 square feet of building area. a. Detached, freestanding or monument signs may be located at each entry drive onto the regional mall property from any abutting public right-of-way. Approval City M3nager. Sion Permit Required necessary: Number One per access drive. (maximum): One per each establishment which is located adjacent to the public right-of-way or internal roadway. Sign area (maximum): 195 square feet maximum; the square footage shall be calculated Mall property entry based only on the side/area having copy and not include any side signs: without copy on architectural features or shaped sign such as cubes, squares or other geometric shapes. Freestanding See non-residential sign requirements. establishment: Sign height (maximum): Mall property 15 feet. entry: Ordinance No. 2010 - Page 13 Freestanding See non-residential sign requirements. establishment: Setback (maximum): Mall property Six feet. sign: Freestanding Six feet. establishment: Illumination: External or internal illumination of letters and logos only. b. Wall signs are only permitted on the three exterior walls of the major tenants of not less than 100,000 square feet that face the exterior regional mall property. Other tenants that provide direct pedestrian access from the mall property such as major restaurants or theaters may also have wall signs. Approval necessary: City M::m:::lger. Sian Permit Reauired One for each exterior wall for a tenant of at least 100,000 Number (maximum): square feet, facing the exterior mall premises. Such sign may only be located on the exterior wall of the specific tenant space identified. One per tenant for other tenants that provide direct access from the mall exterior. Sign area (maximum): Major tenants (minimum 500 square feet; lettering not over 12 inches located on a wall, overhang or canopy which designates specific uses of a 100,000 square feet of 100,000 square feet tenant shall not constitute a sign for floor area): purposes of this section. Exterior access tenants: 75 square feet. Illumination: Reverse or channel letters or external illumination. c. Canopy sign. Approvals necessary: City M:::ln:::lger. Sian Permit Reauired Number (maximum): One per establishment. Sign area (maximum): Four square feet. Ordinance No. 2010- Page 14 Minimum clearance above ground: Must be rigidly attached. Eight feet. d. Awning sign. Approvals necessary: City M:m3ger. Sion Permit Required Number (maximum): One per establishment. Lettering: One line; letters not to exceed nine inches in height. Logo: Maximum of six square feet. e. Window Sign. Approvals necessary: City M3n3ger. Sion Permit Required Number (maximum): One per establishment. Sign area (maximum): Four square feet. Illumination: Internal or external illumination. f. Directional signs. Approvals City M3n3ger. Sion Permit Required necessary: Approval as part of a site plan; if not approved as part of a site plan, Number: permit required. Such signs may be located as part of the internal road system as needed to insure traffic flow and circulation. Sign area: 75 square feet. Height: Nine feet. Other Only 100,OOO-square feet tenant identification, name and/or logos restrictions: allowed. Logos may cover no more than 25 percent of the sign area. (9) Hospital. a. Detached, free-standing or monument signs. Ordinance No. 2010- Page 15 Approval necessary: City Manager. Sian Permit Required Number (maximum): By approval. Sign area (maximum): Area shall not exceed 65 square feet. Sign height (maximum): Primary sign: 15 feet. Secondary sign: 13 feet. Setback (minimum): Right-of-way: Six feet. Side property line: 20 feet. Shall not be closer than 50 feet to another detached, monument sign. Illumination: External, or internal illumination of letters and logos only. b. Wall signs. Approval necessary: City Manager. Sian Permit Required Number (maximum): One per elevation. Sign area (maximum): One square feet for each one lineal feet of elevation frontage. Illumination: Reverse or channel letters or external illumination. (10) Parking structure wall signs. Approval City Managor. Sian Permit Required necessary: Type: Reverse or channel letter sign only. Number (maximum): One per entrance and exit drive. Location: Sign to be located immediately above or adjacent to entrance or exit drive. Sign area (maximum): Ordinance No. 2010 - Page 16 Where the face of the structure elevation is setback Eight square feet. from the right-of-way less than 100 feet: Where the face of the structure elevation is setback 12 square feet. from the right-of-way more than 100 feet: Reverse or channel letters or external illumination, provided external Illumination: illumination does not cast a glare on an adjacent residentially zoned property. tAt f!sl Temporary signs. The follo'Ning temporary signs are authorized in the City: Temporarv siems shall comply with the followino restrictions. conditions, and limitations: (1) No placement on riGht-at-way or other public property. No temporary sion shall be placed on any public rioht-of-way or on property owned or used by the City. (2) Placement at temporary siGns; no placement on vacant lot. utility poles. official siGns. etc. No temporary sion shall be placed upon any vacant parcel without the written consent of the property owner filed with the City Clerk prior to postino of the sion. No temporary sion shall be placed upon any public utility pole or equipment. tree, traffic control device or structure. bridoe. ouardrail. or official sion. or held or displayed in a manner which creates an obstruction of a public rioht-of-way or sidewalk or creates a traffic hazard. (3) Bond. Prior to the installation and/or construction of a temporary sion in accordance with this subsection (k), the applicant shall post or cause to be posted with the City Clerk a refundable cash bond in the minimum amount of five hundred dollars ($500.00). (4) Exemption trom bond reauirement. Any applicant placino less than four (4) temporary sions not exceedino a size of ten (10) square feet per sion shall be exempt from the requirement of a cash bond. Any candidate for elected office who has satisfied his or her Qualifyina fee requirement pursuant to the alternate means authorized by F.S. & 99.095 or & 99.0955. (the petition method of Qualifyino) shall be exempt from the requirement of postino the cash bond. (5) Permitted districts; time at postinG and removal. Temporarv sions shall be permitted in all zonina districts, as provided in this section. Unless otherwise specified below. no temporary sion shall be posted more than ninety (90) days prior to the time of the event to which it relates, Ordinance No. 2010 - Page 17 or permitted to remain lom::ler than seven (7) days after the event to which it relates. If a person placinq a temporary siqn fails to remove all temporarv siqns within the stated timeframe. he or she shall forfeit the refundable cash bond and the City shall remove the siqn. The siqn removal requirements of this subparaqraph do not applv to bumper stickers on vehicles or campaiqn buttons on people. (6) Location near easement or street. No temporarv siqn shall be placed within five (5) feet of any easement of the property upon which the siqn is located. No temporarv siqn shall be located within ten (10) feet of the edqe of the riqht-of-wav. Temporarv siqns shall be located solelv on the property side of the sidewalk if there is a sidewalk unless held bv an individual occupvinq the sidewalk or riqht of way. (7) Traffic Hazards. No temporarv siqn shall be located on property in such a manner as to interfere with or present a hazard to the flow of traffic alonq the streets adiacent to the property upon which the temporarv siqn is located. (8) Responsibilitv for hazards; responsibilitv for removal of sians. All property owners shall be responsible for any hazard to the qeneral public which is caused by. or created bv reason of, the installation and/or maintenance of the temporarv siqns on his, her or its property. The property owner shall also be responsible for the timelv removal of such siqns in accordance with the requirements of subsection (5) of this section. In the event of an announcement bv the National Weather Service that the city is under a hurricane watch. the person placinq a siqn shall remove the siqn within twenty-four (24) hours of the announcement of the hurricane watch. Failure to remove the siqn within twenty-four (24) hours of the announcement shall cause the City to remove the siqn in accordance with the provisions of subsection (5) of this section. (9) Enforcement. Anv temporarv siqn not posted or removed in accordance with the provisions of this subsection. and any such siqn which exists in violation of this section, shall be deemed to be a public nuisance and shall be subiect to removal and confiscation bv the City. If the City removes the siqn, the City Manaqer or his desiqnee shall deduct the cost and expense of removal from the posted cash bond. The city shall not be responsible for the damaqe or destruction of any siqn which is removed in accordance with this provision. (10) Illumination. Temporarv siqns shall not be illuminated. (11) Temporarv siqns must be posted in accordance with the followinq tables. (1) Grand opening banner: Residential District Nonresidential District Approvals City Man:::lger. Siqn permit City M:::ln:::lger. Siqn Permit required necessary: required Ordinance No. 2010- Page 18 Number One per project. One per establishment per calendar (maximum): year in a multi-tenant center. Sign area 30 square feet. 30 square feet. (maximum): Sign height Four feet. Four feet. (maximum): Length of 14 consecutive days after issuance 14 consecutive days after issuance display: of initial local business tax receipt. of initial local business tax receipt. Frequency: One per year. One per year. Sign copy shall only include Sign copy shall only include "Grand Other "Grand Opening" and the name of Opening" and the name of the restrictions: the project. Signs shall indicate project. Signs shall indicate expiration date on lower right hand expiration date on lower right hand corner. corner. (2) Real estate signs (no permit required): Residential District Nonresidential District Number One per lot, except corner lots may (maximum): One per lot. have two. Sign area 40 square inches aggregate for (maximum): each. Four square feet aggregate. Sign height (maximum): Four feet. Four feet. Setback Six feet. Six feet. (minimum): Shall be removed within ten days Length of Shall be removed within ten days after the closing, or in the case of display: after the closing. property for lease, within five days after all space is leased. Ordinance No. 2010 - Page 19 Sign copy shall be limited to: (i) Sign copy shall be limited to: (i) situation (Le. sale, rent, lease, situation (Le. sale, rent, lease, zoning, zoning, size of property); (ii) name size of property); (ii) name of owner; Other of owner; broker or agent; (iii) broker or agent; (iii) phone number; restrictions: phone number; (iv) designs or (iv) designs or trademarks not trademarks not comprising more comprising more than 20 percent of than 20 percent of sign area; (v) sign area; (v) colors limited to black colors limited to black and white. and white. (3) Construction sign: Residential District Nonresidential District Approvals City M:mager. Siqn Permit required City M::m3ger. Siqn Permit necessary: required Number One per lot. One per lot. (maximum): Sign area 32 square feet. 32 square feet. (maximum): Sign height Four feet. Four feet. (maximum): Setback Six feet from property line, not in Six feet from property line, not in (minimum): right-of-way or sight visibility right-of-way or sight visibility triangle. triangle. Permitted for a 12-month period Permitted for a 12-month period Length of from date of building permit from date of building permit display: issuance or until construction issuance or until construction completed. completed. Sign copy may include only: (i) Sign copy may include only: (i) project name; (ii) nature of project name; (ii) nature of Other development; (iii) general development; (iii) general restrictions: contractor; (iv) architect; (v) lending contractor; (iv) architect; (v) lending institution; (vi) owner or agent; and institution; (vi) owner or agent; and (vii) phone number. (vii) phone number. (4) Model sign (no permit required): Residential District Nonresidential District Number One per model unit lot and one per office lot. (Not (maximum): applicable). Ordinance No. 2010 - Page 20 Sign area Four square feet. (maximum): Sign height Four feet. (maximum): Model arrow Three per development not to exceed two square feet signs: each. Shall not be located in right-of-way or sight visibility triangle. Flags: Not permitted, except as specifically allowed in this section. Time limit: Until certificate of completion/occupancy is issued for last house in development. Other Sign copy may include only: (i) "Model"; (ii) builder; restrictions: (iii) architect; (iv) agent; (v) number of bedrooms and baths; (vi) telephone number. (5) Window sign, temporary: Residential Nonresidential District District Approvals Not permitted. City M::mager. Sian Permit Required necessary: Sign area Ten percent of window area up to a maximum of ten (maximum): square feet. Time limit: 14 days. Frequency: Business or use shall be limited to five such advertising sign permits per calendar year. (6) Garage/estate sale sign: Residential District Nonresidential District Approvals City M:mager. Sian Permit Required Not permitted. necessary: Number One per lot on-site. (maximum): Ordinance No. 2010 - Page 21 Sign area Six square feet. (maximum): Height (maximum): Four feet. Length of display: Maximum of one weekend during any six- month period. Setback: Not on right-of-way. (7) Real estate open house sign. Such sign is located on-premises, on private property (upon permission of the private property owner), but which shall not act as an obstruction to vehicular or pedestrian traffic. (In conformance with design specifications as provided by the City Manager): (No permit required). Residential District Nonresidential District Number One per property (two per One per property (two per property (maximum): property when more than one unit when more than one unit is for lease is for lease or sale on property). or sale on property). Sign area Six square feet. Six square feet. (maximum): Sign height Six feet. Six feet. (maximum): Permitted Saturdays and Sundays Permitted Saturdays and Sundays Time limit: 10:00 a.m. to 4:00 p.m. Must be 10:00 a.m. to 4:00 p.m. Must be removed same day. removed same day. (8) Community service signs/special event signs: The number, size and location of signs to be determined by the City M:m3ger City's Special Event Permit application process. (9) School and places of worship signs. Not in freestanding structures In freestanding structure Approvals City M3n3ger. Sion Permit City M::mager. Sion Permit necessary: required required Number: One. One. Sign area 12 square feet. 32 square feet. (maximum): Sign height Five feet. Six feet. (maximum): Ordinance No. 2010 - Page 22 Setback: Shall not be placed in any right-of- Shall not be placed in any right-of- way or sight visibility triangle. way or sight visibility triangle. Length of Shall be displayed only during Shall be displayed only during worship services and related worship services and related display: functions, functions. (10) Political SiQns (no permit required) Residential District Non-Residential District Number One per candidate or issue per lot One per candidate or issue per lot (maximum): SiQn area 4-1/2 square feet per siQn 8 square feet per siQn (maximum): SiQn HeiQht Three feet Six feet (maximum): Setback Within five of any easement: ten feet Within five of any easement: ten feet (minimum): of edQe-of-pavement if there is no of edQe-of-pavement if there is no sidewalk. sidewalk. LenQth of 60 days prior to date of election or 60 days prior to date of election or display: more than 60 days prior to a primary more than 60 days prior to a primary election scheduled prior to such election scheduled prior to such election whichever is earlier. election whichever is earlier. Other Shall be removed seven days after Shall be removed seven days after restrictions: election. election. fif ill Supplemental regulations. (1) Multi-tenant center sign graphics criteria. The owner of a multi-tenant [center], or their authorized representative, may choose to comply with the standards for nonresidential district signs or alternatively, apply for approval as a multi-tenant center as described below. ill fml Permit requirements. (1) Permit required. It shall be unlawful for any person to install, relocate, alter or cause to be installed, relocated or altered within the municipal limits of the City, any sign without first having obtained a required permit from the City Manager. Said permits shall be issued only after a determination has been made of full compliance with all conditions of this section. No person shall install, relocate, alter or cause to be installed, relocated or altered, any sign, other than temporary signs, unless the person is properly licensed to install, relocate, or alter signs in Miami-Dade County. It shall be unlawful for any person to knowingly construct or cause to be constructed a sign contrary to the regulations of this section. Ordinance No. 2010 - Page 23 W illl Non-conforming signs. All future changes to any signs will require conformity to this section. (1) Amortization of sign code non-conformities. The following non-conforming signs that existed at the time the Sign Code Ordinance became effective may be continued, although it does not conform to all the provisions hereof, provided that no text or structural alterations are made thereto and that all such non-conforming signs shall be completely removed from the premises or made to conform by June 3, 2000: a. Any non-conforming sign; b. Those signs that display services or products as opposed to the business name; c. Nonresidential monument signs. tit (Ql Sign maintenance. (1) Maintenance. All signs shall be maintained in a safe, presentable and good structural condition, which shall include the replacement of defective parts, repainting, cleaning and other acts required for the maintenance of the sign. The area around the base of the sign shall be kept free of weeds and debris. If a sign does not comply with the above standards, the City Manager may require its removal in accordance with this section. -tm1 {Ql Removal of improper signs. (1) Removal. The City Manager shall cause the removal of any sign in violation of this section in accordance with the procedures set forth in the City of Aventura Code Enforcement Section or as otherwise outlined by law. Sec. 31-192. Temporary political signs. Regulations regarding temporary political signs are outlined in section 31 61 [et seq.] of the City of I\ventura Code. Section 4. Severabilitv. 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 5. 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 Ordinance No. 2010 - Page 24 renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 6. Penalty. Any person who violates any provisions of this Ordinance shall. upon conviction. be punished by a fine not to exceed $500.00 or imprisonment in the County iail not to exceed sixty (60) days or both such fine and imprisonment. Each day that a violation continues shall be deemed a separate violation. This Ordinance shall be subiect to enforcement under the Local Government Code Enforcement Act. Chapter 162, F.S.. as amended and Article V of Chapter 2 of the City Code, as amended. Enforcement may also be by suit for declaratory, iniunctive or other appropriate relief in a court of competent iurisdiction. Section 7. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. 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 Zev Auerbach Commissioner Billy Joel Commissioner Teri Holzberg Commissioner Bob Diamond Commissioner Michael Stern Vice Mayor Luz Urbaez Weinberg 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 Zev Auerbach Commissioner Billy Joel Commissioner Teri Holzberg Commissioner Bob Diamond Commissioner Michael Stern Vice Mayor Luz Urbaez Weinberg Mayor Susan Gottlieb PASSED on first reading this day of ,2010. Ordinance No. 2010 - Page 25 PASSED AND ADOPTED on second reading this day of ,2010. Susan Gottlieb, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Ordinance was filed in the Office of the City Clerk this day of CITY CLERK ,2010. CITY OF AVENTURA LEGISLATIVE PROGRAM AND PRIORITIES 2010 Mayor Susan Gottlieb Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg City Manager Eric M. Soroka City Clerk Teresa M. Soroka City Attorney Weiss Serota Helfman Pastoriza Cole & Boniske, P.L. CITY OF AVENTURA LEGISLATIVE PROGRAMS AND PRIORITIES 2010 This document is intended to provide direction to the City Manager, City Attorney and Legislative Lobbyist as to the official City position regarding issues and pending legislation which would affect the operation of local government. This document further provides priorities for the acquisition of supplemental funding (grants) for various programs. The City of Aventura will endorse and support legislation that will: 1 . Provide a dedicated revenue source for Charter School capital improvements at the same levels provided to the local school boards. 2. Provide for amendments to the Florida Statutes to increase mortgage holders' responsibility for delinquent condominium, cooperative and homeowner associations fees, regular assessments and special assessments on units in foreclosure and on foreclosed units. 3. Increase or maintain educational funding levels for Miami-Dade County public schools. 4. Enact a state law that authorizes red light violation detection devices at traffic signals and the issuance of citations (Mark Wandall Traffic Safety Act). 5. Adopt the 2010 Policy Statement of the Florida League of Cities. 6. Enact a law that would prohibit an individual from writing, sending or receiving text messages while operating a motor vehicle. 7. Enact a law enabling cities to prohibit smoking at city sponsored events or activities andl or at city parks and facilities.