05-20-2010 Workshop
'^
City Commission
Workshop Meetinp;
May 20,2010
9:15 A.M.
Executive Conference Room
The C~ of
AVentura
y'
19200 West CountrY Cluh Drive Aventum. FL
AGENDA
1. Debt Refunding Opportunties (City Manager)
2. Temporary Uses in TC1 Zoning District to Spur Business
Growth (City Manager) *
3. Adjournment
* 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
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA-CM
City Manager
BY: Joanne Carr, AIC"'/\ /;1. .
Community Devel~Director
DATE: May 11,2010
SUBJECT: Proposed Temporary Uses in TC1 (Town Center) District
to spur business growth
May 20, 2010 City Commission Workshop
The owner of the Loehmann's Plaza has provided the attached draft ordinance for
consideration of the City Commission. The property is zoned TC1, Town Center
District. In that zoning district, both B1, Neighborhood Business and RMF3, Medium
Density Residential District uses are permitted.
The B1 zoning district permits the uses listed in Exhibit #1. These uses are lower
intensity than our code's general (B2) business district and are intended to serve the
immediate neighborhood. These uses are compatible with the intent of a Town Center.
The owner had proposed development of a Town Center on this property several years
ago. A master site plan was approved by the City in October of 2002. The residential
portion of the Town Center was constructed, but the balance of development was
halted after the economic downturn.
The owner has advised that current economic conditions have made it difficult to
achieve the purpose of the district and that existing limitations on commercial uses has
caused several tenants to look elsewhere while their stores remain vacant. Staff did
receive inquiries from prospective tenants proposing a lounge, a gym, a dance studio
and a karate studio, all of which are 82 zoning district uses. Therefore, they could not
be approved for establishment in the TC1 zone.
The owner now proposes that permitted uses in the B2 district be allowed on a
temporary basis for four (4) years to spur business growth in this plaza. The B2 zoning
district permitted uses are attached as Exhibit #2. This will require an amendment to
the text of the TC1 zoning district.
The other properties currently zoned TC 1 on the City's Zoning Map are:
1. The Concord Plaza retail stores at the corner of NE 191 Street and NE 29
Avenue;
2. The Harbour Center office building on NE 29 Avenue;
3. The Northern Trust bank building on NE 29 Avenue; and
4. The Concorde II office building on NE 191 Street.
Any change in the TC1 zoning district would also apply to these properties. Any
application for a B2 use would be subject to zoning review for sufficient parking, that is,
if a commercial use applied to open in anyone of these properties, staff would review
parking requirements for the existing use and parking requirements for the proposed
use to ensure sufficient spaces are provided.
The temporary four year period for B2 uses requested by the attached ordinance is
similar to the four year development permit extension period recently passed by state
legislation. The ordinance, as drafted, provides for sunset review four years after its
effective date.
Staff recommends approval of this request to assist our property and business owners
during these economic times. We would recommend that a mechanism be put in place
so that tenants receive legal notice that the B2 use may sunset after four years and that
leases not be granted for any term longer than four years, to protect the City, the
property owner and the tenant.
Staff will prepare the ordinance for first reading based on City Commission's direction.
2
ORDINANCE NO. 2010-_
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
PERTAINING TO USES PERMITTED IN THE TOWN CENTER
(TC1) DISTRICT; AMENDING SECTION 31-145 "TOWN CENTER
ZONING DISTRICTS" OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO AMEND THE USES PERMITTED IN THE
TOWN CENTER (TC1) DISTRICT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR SUNSET REVIEW; PROVIDING FOR~
EFFECTIVE DATE. ~~t ,
WHEREAS, the Town Center (TC1) District was estllhed by the City of
Aventura to provide for a mixed used residential and commercial development
along Biscayne Boulevard; and
WHEREAS, the current economic market conditions have made it difficult
to achieve the purpose of the district; and
WHEREAS, the existing limitations on commercial uses in the district has
caused several tenants to look beyond the City while properties remain vacant in
the TC 1 District; and
WHEREAS, the Community Business (B2) District allows for general
commercial and retail uses; and
WHEREAS, it is in the best interests of the City to permit B2 uses within
the TC1 District for a temporary period of time.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Recitals Adopted. That the above stated recital is hereby
adopted and confirmed.
Section 2. Code Revised. That Section 31-145 "Town Center
Zoning Districts" of Article VII "Use Regulations" of Chapter 31 "Land
Development Regulations" of the City Code is hereby amended to read, as
follows:
*
*
*
(b) Town Center District (TC1). The following regulations shall apply to all TC1
Districts:
(1) Uses permitted. No building or structure, or part thereof, shall be
erected, altered or used, or land used in whole or part for other than one
or more of the following specific uses, provided the requirements set forth
elsewhere in this section are satisfied:
a. Mixed-use structures. For the purposes of this subsection,
mixed-use buildings or structures are those combining residential
dwelling units conforming generally with the intent of the RMF3,
Multi-Family Medium Density Residential District, with office and/or
retail commercial uses allowed in the B 1, Neighborhood Business
District, where the ratio of total square feet dedicated to re~ential
and non-residential uses is between 3: 1 and 1 :3. ~~ \
b. Those uses permitted in the B2 District.Q~
*
*
*
Section 3. Severability. The provisions of this Ordinance are declared
to be severable and if any section, sentence, clause or phrase of this Ordinance
shall for any reason be held invalid or unconstitutional, such decision shall not
affect the validity of the remaining sections, sentences, clauses, and phrases of
this Ordinance, but they shall remain in effect, it being the legislative intent that
this Ordinance shall stand notwithstanding the invalidity of any part.
Section 4. Inclusion in the Code. It is the intention of the City
Commission, and it is hereby ordained that the provisions of this Ordinance shall
become and be made a part of the Code of the City of Aventura; that the sections
of this Ordinance may be renumbered or relettered to accomplish such
intentions, and that the word "Ordinance" shall be changed to "Section"
or other appropriate word.
Section 5. Sunset Review.
This ordinance shall be subject to
sunset review four (4) years from the effective date.
Section 6. Effective Date.
This ordinance shall be effective
immediately upon adoption on second reading.
The foregoing Ordinance was offered by
, who moved its
adoption at first reading. This motion was seconded by
and
upon being put to a vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Billy Joel
Commissioner Teri Holzberg
Commissioner Michael Stern
Commissioner Luz Weinberg
Mayor Susan Gottlieb
t>~~f"t
The foregoing Ordinance was offered by
, who moved its
adoption at first reading. This motion was seconded by
and
upon being put to a vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Billy Joel
Commissioner Teri Holzberg
Commissioner Michael Stern
Commissioner Luz Weinberg
Mayor Susan Gottlieb
PASSED on first reading this _ day of
,20_,
PASSED AND ADOPTED on second reading this _ day of
,2010.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
t>R~f"t
This Ordinance was filed In the Office of the City Clerk this _ day of
,2010.
ARTICLE VII. USE REGULATIONS
Exhibit 1
(b) Neighborhood Business (B1) District. This district is intended to provide primarily for retail
sales and services to a surrounding neighborhood. Retail stores permitted therein are intended
to include primarily convenience goods which are usually a daily necessity for a residential
neighborhood. The district is appropriate for location on a collector or an arterial roadway.
(1) Uses permitted. No building or structure, or part thereof, shall be erected, altered or
used, or land used in whole or part for other than one or more of the following specific
uses provided the requirements set forth elsewhere in this section are satisfied:
a. Grocery stores and pharmacies with each store limited to 2,000 square feet
of total floor area.
b. Stores for sale of new merchandise, directly to the ultimate consumer only,
with each use limited to 5,000 square feet of total floor area per use and limited
to the following: hardware, bakery, shoes, dairy, meat market, poultry shop,
bookstore, newsstand, tailor shop, florist, gift/card shop, optical, sporting goods,
leather goods, music store, luggage, sundries, notions, tobacco products, bicycle
sales, rentals and repairs, clothes, jewelry, arts and crafts, pottery shops, paint
and wallpaper, artist studios and galleries, camera shops, small electronics and
picture framing shop.
c, Personal services with each use limited to 2,500 square feet of total floor
area per use and limited to the following: dry cleaning (not conducted on
premises), manicurist, travel agency, barbershop, beauty shop, shoe repair,
video rental, postal facilities, drugstores, interior design, consumer electronic
repair and small appliance repair, tailoring and alterations, photographic film
pickup, laundromat open not earlier than 7:00 a.m. and not closed later than
11 :00 p.m., and restaurant without drive-through facilities.
d. Office uses such as the following, limited to 20,000 square feet per use:
professional, business offices, medical outpatient or dental offices or clinics.
e. Banks and financial institutions, excluding drive-through facilities, limited to
20,000 square feet per establishment.
f, Nursery school, child center or adult daycare subject to the following
standards:
1. Building shall be located at least 30 feet from any "R" zoned lands,
2. At least one completely fenced and secured play lot shall be
established, maintained and used for children at play.
3. The fence shall be not less than five feet in height.
4, Play lots located closer than 50 feet to the plot line shall be screened
by an opaque fence or wall or compact evergreen hedge not less than
five feet in height.
g. Antique shops.
h. Restaurants and coffee houses or dining room where kitchen is screened or
located altogether within an enclosed building or room and with ample provisions
for carrying away or dissipating fumes, odors, smoke or noise and where
premises are so arranged and the business is so conducted as not to be
offensive or create a nuisance to occupants of adjoining premises or to
passersby.
i. Restaurants and cafes may serve alcoholic beverages where such service is
strictly incidental to the service of food and from a service bar only provided no
entertainment of any kind is furnished.
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ARTICLE VII. USE REGULATIONS
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j. No sign of any type or character shall be exhibited or displayed to the outside
denoting that alcoholic beverages are obtainable within, Uses accessory to any
of the above uses when located on the same plot.
k. Uses accessory to any of the above uses when located on the same plot.
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ARTICLE VII. USE REGULATIONS
Exhibit 2
(c) Community Business (B2) District. This district is intended primarily to provide for general
commercial activity for a wide range of goods and services to the entire community and sub
region, Such businesses generally require locations convenient for both vehicular and
pedestrian traffic and would be expected to have orientation toward and direct access to arterial
roadways.
(1) Uses permitted. No building or structure, or part thereof, shall be erected, altered or
used, or land used in whole or part for other than one or more of the following specific
uses provided the requirements set forth elsewhere in this section are satisfied:
a. Any use permitted in a B1 District subject to the requirements of that district
as outlined herein,
b. Auditoriums,
c. Automobile new parts and equipment, sales only,
d. Bait and tackle shops.
e. Banks, including drive-in teller service,
f. Billiard rooms and pool rooms.
g, Dancing halls or dancing academies in air conditioned buildings providing
that such establishments are not located closer than 500 feet to an R District.
h. Dog and pet hospitals in air-conditioned buildings,
i. Dry cleaning establishments, using noninflammable solvents in self-contained
dry cleaning units of the Prosperity type or Dedrick type or an equal, provided
such establishments contain not more than 4,000 square feet of floor area.
j. Electrical appliance and fixture stores including related repair shops.
k, Employment agencies.
I. Furniture stores, retail of new merchandise only.
m. Grocery stores and supermarkets.
n. Handcrafted-products shop.
o. Health and exercise clubs and spas.
p. Department stores.
q. Lawn mowers, retail, sales and service,
r. Mortuaries or funeral homes,
s. Motorcycles sales and repairs.
t. Pet shops and dog beauty parlors in air-conditioned buildings.
u. Post office stations and branches, which directly serve the public,
v. Liquor package stores,
w, Restaurant, night clubs, lounge, and catering,
1. Outdoor play equipment: Play equipment areas shall be placed in
walled-in or fenced-in areas only. The wall design and/or fence must be
compatible in design, materials, and color with the main structure,
Between any such areas and adjoining sidewalks, parking spaces or
other vehicular use areas, a landscape strip of no less than five feet shall
be provided containing trees and tall shrubs of three feet minimum height.
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ARTICLE VII. USE REGULATIONS
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Play equipment shall be limited to a maximum height of ten feet or the
height of the fascia, whichever is lower. The colors of the play equipment
shall be compatible with the main building colors.
x. Printing shops.
y. Automobile parking garages, not over six stories in height.
z. Office parks.
aa. Indoor commercial recreation uses limited to martial arts, dance and
exercise studios. There shall be a maximum of 2,500 square feet of total floor
area per establishment and no more than one per business center.
bb, Automatic car washes are permitted as an accessory use subject to the
following conditions:
1. The car wash must be accessory to and operating as a secondary
service to the service station.
2. The accessory operation shall be fully automatic requiring no
employees for car wash related services.
3. Maximum capacity of the accessory car wash shall be one vehicle.
4. The accessory car wash must have a working oil/sand interceptor to
which all drainage from the car wash must flow.
5. Buffering where the accessory building includes an opening of at least
eight feet in width or height:
i. Where said building is 60 feet or less from "R" zoned land and
the opening faces the "R" zoned land, a wall or berm eight feet in
height shall be required to screen the opening. The berm, together
with any plantings, shall be a minimum of six feet in height at the
time of installation. The berm and plantings shall be maintained at
an eight-foot height and shall be designed and maintained in a
manner that will provide an opaque visual buffer.
ii. Where the opening is located on the front or immediate
streetside elevation of a building, a wall with a height of five feet
shall be required to screen the opening, A five-foot landscape strip
shall be provided on the streetside of said wall. The strip shall be
landscaped with a minimum of two trees, and two shrubs or vines
for each five feet of wall.
iii. Alternate methods of achieving the opaque visual buffer may
be approved by the Community Development Director.
6. In no event shall required walls, berms or plantings conflict with the
required Sight Visibility Triangle,
cc. Hand car washes are permitted as an accessory use subject to the following
conditions:
1. The car wash must be accessory to and operating as a secondary
service of the service station.
2. The accessory car wash must meet all landscape and buffering
requirements as outlined in this chapter.
3. The accessory car wash must have a working oil/sand interceptor to
which all drainage from the car wash must flow.
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ARTICLE VII. USE REGULATIONS
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4. Hours of operation shall not exceed hours of operation of the service
station.
5. Traffic circulation standards on-site shall provide a minimum of six
vehicle stacking spaces, which spaces may be utilized as stacking
spaces, separate parking spaces or a combination of the two. Any
stacking shall be located in such a way as to avoid conflicts and provide
safe turning movements,
dd. Hotels, motels, resorts and time share units, subject to the following:
1. The minimum plot area shall be 1,5 acres.
2. Any outdoor recreation areas including swimming pools shall be
located at least 25 feet from the plot line of any adjacent residentially
zoned property and screened from any such adjacent properties in
accordance with the landscape code.
3. The minimum floor area of a rental sleeping room in a motel or hotel,
which includes all areas to be individually rented by a customer, shall be
300 square feet.
ee. Stores for the sale or purchase of previously owned jewelry and/or
previously owned precious metals, directly to the ultimate consumer only, except
that sales and purchases may be made between vendors occupying the same
unit or establishment. Such stores shall provide a security plan for review and
approval by the City Manager or his designee.
ff. Accessory uses and structures.
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