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10-21-2004 Workshop The City of Aventura a City Commission Workshop Meeting October 21,2004 10:00 AM. Executive Conference Room 19200 w", "m,""" rt..h [)rive Aven'..". F1 1. 2. 3. 4. 5. 6. 7. AGENDA LDR Amendment relating to Parking Garages Within the Building Envelope * LDR Amendment Relating to Sale and Purchase of Secondhand Jewelry in B2 District* Decorative Street Lighting for Biscayne Boulevard (Commissioner Beskin) Hospital District Lot Size (Mayor Perlow) MPO Proposal to Extend Mass Transit on the Biscayne Corridor (Commissioner Beskin) Village at Gulfstream Park DRI Update 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 wbo need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, 305-466-890 I, not later than two days prior to such proceeding. CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM FROM: City commiss~'on ~ Eric M. Soroka, City Manager ./ Joanne Carr, AIC' . Planning Director TO: BY: DATE: October 11,2004 SUBJECT: Proposed Amendments to land Development Regulations to provide for Structure Parking requirements October 21, 2004 City Commission Workshop Agenda Item i At its workshop meeting of September 23, 2004, the City Commission directed staff to prepare amendments to the structured parking requirements of the City Code to provide that all structured parking be constructed under the footprint of the primary building. The attached proposed Ordinance incorporates the following items: 1. Revises the definition of "building envelope" in business districts to provide that the envelope is the footprint of the primary building. It deletes the former provision that footprint includes the primary building and parking structures on site. 2. Adds a provision in the Office Park (OP) and Medical Office (MO) districts that any portion of a building or structure within 200 feet of any residential zone is subject to a height limitation of one foot for every two feet in distance from the residential zone, unless the application of this requirement would limit the building to a height of 25 feet. This is the same provision as currently included in the Community Business (B2) zoning district. 3. Provides that new structured parking requirement shall not apply to developments approved prior to the date of the Ordinance either by Resolution of the City Commission or by Administrative Site Plan Approval. If the ordinance is approved as drafted, all structured parking for new development in business districts will be required to be constructed within the footprint of the primary building. It does not preclude surface parking, but requires that if structured parking is built, it must lie directly underneath the primary building. A larger parking pedestal or parking levels attached to the side of the building would no longer be permitted. The B2, B3, OP and MO zoning districts currently provide that structured parking is not counted toward number of stories, but is included in computing building height. Therefore, in the B2 zone, a building containing a maximum of 20 stories (200 feet more or less) plus 20 stories (141 feet) of parking is permitted. In the MO and OP zones, a building containing a maximum of 10 stories (100 feet more or less) and 10 stories (76 feet) of parking is permitted. To ensure that the increased height resulting from the new provision requiring all structured parking within the building footprint will not negatively impact adjacent residential properties, staff is proposing that the height restriction presently contained in the B2 and B3 zones be added to the MO and OP zones. This height restriction provides that any portion of a building within 200 feet of any residential zone shall be limited to one foot for every two feet in distance from the residential zone, unless the application of this requirement would limit the building to a height of 25 feet. For Commission's information, staff has reviewed the reports prepared in 2001 prior to enactment of the current code provisions for structured parking in business districts. The Code as originally drafted in 1999 allowed stand-alone or separate parking structures on site. The intent of the 2001 ordinance was to incorporate parking structures into a building envelope and to ensure that parking garages were designed to complement the primary structure, that is, parking garages would not look like parking garages but part of the building. The definition of "building envelope" in the ordinance as adopted included the footprint of the primary building and parking structures on site. The footprint was to be unbroken and all buildings were to be attached or touching so as to form a continuous surface area. It was not the intent of the 2001 amendments to require structured parking underneath the primary building only, as evidenced by the definition of "building envelope", but rather gave the developer the option to do so, with the incentive that those parking levels could be counted towards floor area ratio. The number of stories remained unchanged, however, building heights were increased to accommodate parking levels. The ordinance further provided that, as the percentage of parking under the building increased and the building height increased, lot coverage decreased and open space increased, creating the taller/thinner buildings. If the parking levels were attached to the side of the building, those floors could not be counted towards floor area ratio, but based on the percentage of parking spaces in the garage, the required percentage of open space increased. 2 ORDINANCE NO. 2005-- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY'S LAND DEVELOPMENT REGULATIONS BY AMENDING ARTICLE II. "DEFINITIONS AND RULES OF CONSTRUCTION", SECTION 31-21. "DEFINITIONS"; BY AMENDING ARTICLE VII. "USE REGULATIONS", SECTION 31-144(e), "OFFICE PARK (OP) DISTRICT" AND SECTION 31-144(f), "MEDICAL OFFICE (MO) DISTRICT" SO AS TO PROVIDE FOR BUILDING HEIGHT RESTRICTION ADJACENT TO RESIDENTIAL ZONES; PROVIDING FOR APPLICABILITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City Commission of the City of Aventura finds that it is necessary to amend the City's land Development Regulations in order to provide for a revised definition of building envelope and to provide for building height restrictions adjacent to residential zones in certain zoning districts within the City; 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 the required public hearing and has recommended approval to the City Commission; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with law; and WHEREAS, the City Commission has reviewed the action set forth in the Ordinance and has determined that such action is consistent with the Comprehensive Plan. Ordinance No. 2005-- Page 2 NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: 1 Section 1. That the City's land Development Regulations are hereby amended by adding or deleting the respective sections, and/or subsections, and/or paragraphs, as applicable thereof to read as follows: ARTICLE II. DEFINITIONS AND RULES OF CONSTRUCTION Sec. 31-21. Definitions. Building envelope for residential districts shall mean that area of the footprint of the primary building and parking structures on site. A line forming the boundary of the footprint shall not be broken and all buildings within the footprint shall be attached or touching so as to form a continuous surface area. Buildina envelope for all districts other than residential districts shall mean that area of the footprint of the primary buildino. A line formino the boundary of the footprint shall not be broken and shall form a continuous surface area. ARTICLE VII. USE REGULATIONS Sec. 31-144. Business Zoning Districts. (e) Office Park (OP) District ... (4) Site Development Standards. b. Maximum height: No building or structure, or part thereof shall be erected to a height exceeding ten stories, or 176' overall maximum Additions to existing text are shown by underline, deletions are shown by strilŒthrough. Ordinance No. 2005- Page 3 height, including structure parking. For purposes of this paragraph b., structure parking shall not be counted in computing number of stories but shall be counted in computing overall maximum height. That portion of the buildina or structure within 200 feet of any residential zone shall be subiect to a heiqht limitation of one foot for every two feet in distance from the residential zoned plot unless the application of this requirement would limit the buildina heiaht to a minimum of 25 feet and in such event. a heiaht of 25 feet shall be allowed. (f) Medical Office (MO) District ... (4) Site Development Standards b. Maximum height: No building or structure, or part thereof shall be erected to a height exceeding ten stories, or 176' overall maximum height, including structure parking, unless otherwise specified in this section. For purposes of this paragraph b., structure parking shall not be counted in computing number of stories but shall be counted in computing overall maximum height. That portion of the buildina or structure within 200 feet of any residential zone shall be subject to a heiaht limitation of one foot for every two feet in distance from the residential zoned plot unless the application of this requirement would limit the buildina heiaht to a minimum of 25 feet and in such event a heiaht of 25 feet shall be allowed. Section 2. Applicability. The provisions of this Ordinance shall not apply to approvals previously granted to developments by Resolution of the City Commission or to developments previously granted Administrative Site Plan Approval prior to the effective date of this ordinance. Ordinance No. 2005-- Page 4 Section 3.. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Aventura; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner ,who moved its adoption on first reading. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Jay R. Beskin Commissioner Bob Diamond Commissioner Manny Grossman Commissioner Harry Holzberg Vice Mayor Ken Cohen Mayor Jeffrey M. Perlow Ordinance No. 2005-- Page 5 The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading. The motion was seconded by Commissioner -' and upon being put to a vote, the vote was as follows: Commissioner lev Auerbach Commissioner Jay R. Beskin Commissioner Bob Diamond Commissioner Manny Grossman Commissioner Harry Holzberg Vice Mayor Ken Cohen Mayor Jeffrey M. Perlow PASSED on first reading this day of ,2005. PASSED AND ADOPTED on second reading this day of ,2005. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO lEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this - day of ,2005. CITY CLERK CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM BY: City commiSSiO~ Eric M. Soroka, I - M City Manager w./ Joanne Carr, AICP.. Planning Director '. TO: FROM: DATE: October 11, 2004 SUBJECT: Proposed Amendment to Community Business (B2) District to permit a Jewelry Exchange use October 21, 2004 City Commission Workshop Agenda Item ~ Clifford Schulman, on behalf of Champion Retail Limited Partnership, has applied for amendment to the City's land Development Regulations to add a jewelry exchange as a permitted use in the Community Business (B2) zoning district. The proposed ordinance to amend the district is attached. A definition of secondhand jewelry and secondhand precious metals has been added to the "Definitions" section of the Code. The jewelry exchange has been added as a permitted use in the B2 zone. The "uses prohibited" section has been revised to except secondhand jewelry and precious metals from used merchandise and goods. ORDINANCE NO. 2005-- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING SECTION 31-21 "DEFINITIONS" OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO INCLUDE DEFINITIONS FOR "SECONDHAND JEWELRY" AND "SECONDHAND PRECIOUS METALS" AND TO AMEND SECTION 31-144(c) "COMMUNITY BUSINESS (B2) DISTRICT" OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO INCLUDE THE PURCHASE AND SALE OF SECONDHAND JEWELRY AND SECOND HAND PRECIOUS METALS AS A PERMITTED USE AND TO PROHIBIT PAWNSHOPS IN THE "COMMUNITY BUSINESS (B2) DISTRICT"; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura is desirous of amending the City's land Development Regulations to permit the sale of secondhand jewelry and secondhand precious metals in the B2 zoning district; and WHEREAS, the City Commission desires to permit the sale of secondhand jewelry and secondhand precious metals in the B2 zoning district but not to permit pawnshops; 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 the required public hearing and has recommended approval to the City Commission; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with law; and WHEREAS, the City Commission has reviewed the action set forth in the Ordinance and has determined that such action is consistent with the Comprehensive Plan. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Ordinance No. 2005-- Page 2 Section 1. Section 31-21, "Definitions" of the City's land Development Regulations is hereby amended as follows1: Secondhand iewelrv shall mean any item of personal property or object of value previously owned or used. which is not sold as new. and which contains one or more diamonds. emeralds. rubies, sapphires or other precious aemstone. Secondhand precious metals means any item of personal property or obiect of value. previously owned or used. which is not sold as new. and which contains cold. silver, platinum or other precious metal. Section 2. Section 31-144(c), "Community Business (B2) District" of the land Development Regulations is hereby amended as follows 1: (c) Community Business (B2) District. (1 ) ee-. ee. fi (3) 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: .'\OOCGGory UGCG aREI e:tn'/st\ reG. Stores for the sale or purchase of secondhand iewelrv. directly to the ultimate consumer only. (Pawnshops are prohibited.) Accessorv uses and structures. Uses Prohibited. The permitted uses enumerated in this district shall not be construed to include, either as a principal or accessory use, any of the following: 1 Underlined provisions constitute additions to existing tex1; strickeR tRFG~¡¡R provisions indicate deletions from existing text. Ordinance No. 2005-- Page 3 e. Sales, display or storage of used merchandise, other than antiques and secondhand jewelry and secondhand precious metals. f. Purchase of used goods, other than secondhand jewelry and secondhand precious metals. g. Pawnshops. gl1. Sale of fruit or merchandise from trucks, wagons or other vehicles parked on or along public or private streets or from open stands or vacant lots. Such business on private or public property shall be conducted only from within approved permanent substantial buildings. Section 3. 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 4. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Aventura; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. Ordinance No. 2005-- Page 4 The foregoing Ordinance was offered by , who moved its adoption on first reading. This motion was seconded by , and upon being put to a vote was as follows: Commissioner Zev Auerbach Commissioner Jay R. Beskin Commissioner Bob Diamond Commissioner Manny Grossman Commissioner Harry Holzberg Vice Mayor Ken Cohen Mayor Jeffery M. Perlow The foregoing Ordinance was offered by , who moved its adoption on second reading. This motion was seconded by and upon being put to a vote was as follows: Commissioner Zev Auerbach Commissioner Jay R. Beskin Commissioner Bob Diamond Commissioner Manny Grossman Commissioner Harry Holzberg Vice Mayor Ken Cohen Mayor Jeffery M. Perlow PASSED on first reading this - day of -' 2004. PASSED AND ADOPTED on second reading this - day of -' 2005. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK Ordinance No. 2005-- Page 5 APPROVED AS TO lEGAL SUFFICIENCY: CITY ATTORNEY This Ordinance was filed in the Office of the City Clerk this - day of -' 2005.