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11-09-2004 A ':!he City of rì.Ventura ~ --',."",,"" Local PWmin, Azeno¡r Jeffrey M. Perlow. Mayor City M~ Eric M. Soroka hev Auerbach Jay R Beskin Ken Cohen Boh Diamond Manny Grossman Harry Holzberg ~ Teresa M. Soroka. CMC City Attorney Weiss Scrota HeIfman Pastoriza Guedes Boniske & Cole LOCAL PLANNING AGENCY AGENDA NOVEMBER 9, 2004 - 6 PM Aventura Government Cent" 19200 West Count')' C1ub Drive Aventura,F10rida33180 1. CALL TO ORDER\ROLL CALL 2. APPROVAL OF MINUTES: July 6, 2004 3. PUBLIC HEARING: MOTION RECOMMENDING ADOPTION OF THE FOLLOWING ORDINANCE: AN ORDINANCE OF THE CITY OF A VENTURA, 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 SECONDHAND PRECIOUS METALS AS A PERMITTED USE; TO REQUIRE PROVISION OF SECURITY PLANS FOR ESTABLISHMENTS THAT PURCHASE AND SELL SECONDHAND JEWELRY AND SECONDHAND PRECIOUS METALS AND TO PROHIBIT PAWNSHOPS IN THE "COMMUNITY BUSINESS (B2) DISTRICT"; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. 4. ADJOURNMENT. This meeÜng is open to the pubhc. In accordance wÜh the Americans wÜh DisabihÜes Act of 1990. all persons who are disabled and who need special accommodations to pacticipate in this meeting because of that disability should contact the Office of the City CI"k. 305-466-8901. not lat" than two days prior to such proceeding. Anyone wishing to appeal any decision made by the City of Aventura Local Planning Agency with respect to any matt" considered at ,"ch meeÜngor hearing will nced a record of the proceedings and. for such purpose, may need to ensure that a v"batim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Agenda items may be viewed at the Office of the City CI"k. CÜy of Aventura Government Center. 19200 West Counlry Club Drive, Aventura. Florida. 33180. Anyone wishing to obtain a copy of any agenda item should contact the CÜy Clerk at 305-466-8901. One or more members of the City of Aventura Adviso')' Boards may also be in attendance. The City of Aventura -a- ',..' MINUTES LOCAL PLANNING AGENCY MEETING JULY 6, 2004 6 PM Government Center 19200 W. Country Club Drive Aventura, Florida 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p,m, by Mayor Jeffrey M. Perlow, Present were Commissioners Zev Auerbach, Jay R. Beskin, Ken Cohen, Manny Grossman, Harry Holzberg, Vice Mayor Bob Diamond, Mayor Perlow, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney David M. Wolpin, As a quorum was detenmined to be present, the meeting commenced. 2. APPROVAL OF MINUTES: A motion to approve the minutes of the May 4, 2004 LPA Hearing was offered by Commissioner Cohen, seconded by Commissioner Auerbach and unanimously passed, 3. PUBLIC HEARING: MOTION RECOMMENDING ADOPTION OF THE FOLLOWING ORDINANCES: Mayor Perlow left the room at this time. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, TO AMEND SECTION 31-143(e) "MULTIFAMILY MEDIUM DENSITY RESIDENTIAL DISTRICTS (RMF3A)" OF THE CITY'S LAND DEVELOPMENT REGULATIONS AND TO AMEND SECTION 31-143(g) "MULTIFAMILY MEDIUM DENSITY RESIDENTIAL DISTRICT (RMF3B)" OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ADD ARCHITECTURAL STYLES OTHER THAN MEDITERRANEAN DESIGN IN THE RMF3A AND RMF3B ZONING DISTRICTS AS A CONDITIONAL USE IN THESE DISTRICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. A motion to recommend adoption was offered by Commissioner Holzberg and seconded by Commissioner Cohen. Planning Director Joanne Carr addressed the Commission and entered the staff report into the record. The following individual addressed the Commission: Cliff Schulman, Esq, representing the applicant. After discussion, a motion was offered by Commissioner Beskin, seconded by Commissioner Cohen and unanimously passed to take no action on this proposed ordinance and direct staff to prepare an ordinance providing any design feature rather than just Mediterranean to be allowed. 4. ADJOURNMENT. There being no further business to come before the Local Planning Agency, the meeting adjourned at 6:17 p.m. Teresa M. Soroka, CMC, City Clerk Approved by the LPA on 2 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM FROM: City commiSSiO~(\ Eric M. Soroka, I C City Manager '" Joanne Carr, AIC~ Planning Director ' TO: BY: DATE: October 25, 2004 SUBJECT: Amendment to Section 31-21 "Definitions" of the City's Land Development Regulations to include definitions for secondhand jewelry and secondhand precious metals; Amendment to Section 31-144(c) "Community Business (B2) District", to include the purchase and sale of secondhand jewelry and secondhand precious metals and to prohibit pawnshops in the B2 district (04-LDR-04 ) November 9, 2004 Local Planning Agency Agenda Item ~ 1 st Reading November 9, 2004 City Commission Meeting Agenda Item í 2nd Reading January 4, 2005 City Commission Meeting Agenda Item - RECOMMENDATION It is recommended that the City Commission approve amendments to Sections 31-21 and 31-144(c) of the City's Land Development Regulations to define secondhand jewelry and secondhand precious metals, to permit their sale and purchase and to prohibit pawnshops in the Community Business (B2) District. THE REQUEST The applicant, Clifford A. Schulman, on behalf of Champion Retail Limited Partnership, is requesting amendments to Section 31-21 "Definitions" and to Section 31-144(c), "Community Business (82) District" to define and permit sale and purchase of secondhand jewelry and secondhand precious metals and to prohibit pawnshops. ANALYSIS Standards for reviewing proposed amendments to the text of the LDR: 1. The proposed amendment is legally required. The proposed amendments are legally required to define and permit new uses in the Community Business (B2) zoning district. 2. The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan. The proposed amendments are consistent with the goals and objectives of the Comprehensive Plan. The Business and Office future land use category envisions the full range of sales and service activities. 3. The proposed amendment is consistent with the authority and purpose of the LOR. The proposed amendments are consistent with the authority and purpose of the Land Development Regulations. The amendments will establish regulations, procedures and standards for review and approval of development. They will foster and preserve public health, safety, comfort and welfare. 4. The proposed amendment furthers the orderly development of the City. The proposed amendments further the orderly development of the City. 5, The proposed amendment improves the administration or execution of the development process. The proposed amendments improve the administration or execution of the development process in that it provides regulations and standards for future development. DescriptionlBackground of Proposed Amendment The applicant wishes to establish a jewelry exchange in a vacant tenant space in a retail plaza on Biscayne Boulevard. The site is zoned B2, Community Business District. The nature of a jewelry exchange is the sale and purchase of secondhand jewelry and precious metals along with new merchandise, These sales and purchases occur amongst customers and amongst vendors in the jewelry exchange that occupy the same unit or establishment. Current code regulations prohibit the sale of good other than to the ultimate consumer, prohibit the sales and display or storage of used merchandise other than antiques and prohibit purchase of used goods. The intent of these regulations, originally enacted in July of 1999, was to prohibit pawnshops. In order to allow a jewelry 2 exchange, the applicant is proposing amendments to the definitions section of the Code and to the permitted and prohibited uses in the B2 zoning district. The following are the proposed amendments to Section 31-21 of the City's Land Development Regulations. They include a definition of secondhand jewelry and secondhand precious metals. These definitions are specific in that only precious gemstones and precious metals only are allowed, Semi-precious stones and other metals will not be permitted, 1. Section 31-21, "Definitions" of the City's Land Development Regulations is hereby amended as foilows1: Secondhand iewelry shall mean anv item of personal propertv or obiect of value previouslv owned or used. which is not sold as new, and which contains one or more diamonds, emeralds, rubies, sapphires or other precious qemstone. Secondhand precious metals means anv item of personal propertv or obiect of value, previouslv owned or used, which is not sold as new, and which contains qold, silver. platinum or other precious metal. This amendment defines the type of jewelry and metals permitted to be sold and purchased. The following are proposed amendments to the B2, Community Business District. The sale and purchase of secondhand jewelry and secondhand precious metals are added to permitted uses and also exempted from prohibited uses. Pawnshops are added as a prohibited use, 2. Section 31-144(c), "Community Business (B2) District" of the Land Development Regulations is hereby amended as follows: (c) Community Business (B2) District. (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: ee-. Accessory uses :md ctructuroc. ee. Stores for the sale or purchase of secondhand jewelry and/or 1 Underlined provisions constitute additions to existing text; Etricken through provisions indicate deletions from existing text. 3 secondhand precious metals. directlv to the ultimate consumer on Iv. except that sales and purchases mav be made between vendors occupvinq the same unit or establishment. Such stores shall provide a securitv plan for review bv the Citv Manaqer or his desiGnee, fl Accessory uses and structures, (3) 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: c. Sale of goods to other than the ultimate consumer, except sale of secondhand iewelry and secondhand precious metals between vendors occupvinq the same unit or establishment. 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 iewelry and secondhand precious metals. 9.., Pawnshops. fiB.. 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, The above amendments will allow a jewelry exchange in the B2, Community Business District, but will prohibit pawnshops. 4 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 SECONDHAND PRECIOUS METALS AS A PERMITTED USE; TO REQUIRE PROVISION OF SECURITY PLANS FOR ESTABLISHMENTS THAT PURCHASE AND SELL SECONDHAND JEWELRY AND SECONDHAND PRECIOUS METALS 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, Ordinance No. 2005-- Page 2 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1, Section 31-21, "Definitions" of the City's Land Development Regulations is hereby amended as follows 1: Secondhand ¡ewelTV 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 qemstone. Secondhand precious metals means any item of personal property or obiect of value, previouslv owned or used, which is not sold as new, and which contains qold, 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. f.l 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: .^,OOCGGsry I,Ises ané stmotures. Stores for the sale or purchase of secondhand iewelry and/or secondhand precious metals. directlv to the ultimate consumer onlv. except that sales and purchases may be made between vendors occupvinq the same unit or establishment. Such stores shall provide a security plan for review bv the City Manaqer or his desiQnee. Accessory uses and structures. 1 Underlined provisions constitute additions to existing text; strickeR tAr-G~!JA provisions indicate deletions from existing text, Ordinance No, 2005-- Page 3 (3) 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: c. Sale of goods to other than the ultimate consumer, except sale of secondhand iewelrv and secondhand precious metals between vendors occupvina the same unit or establishment. e. Sales, display or storage of used merchandise, other than antiques and secondhand iewelrv and secondhand precious metals, L Purchase of used goods, other than secondhand iewelrv and secondhand precious metals, 9.." Pawnshops. !lß. 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. 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. Ordinance No. 2005-- Page 4 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. This motion was seconded by Commissioner , 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 Commissioner , who moved its adoption on second reading. This motion was seconded by Commissioner , 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 9th day of November, 2004. Ordinance No, 2005-- Page 5 PASSED AND ADOPTED on second reading this 4th day of January, 2005, JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY