2012-15 ORDINANCE NO. 2012-15
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CODE
OF ORDINANCES BY CHANGING ALL REFERENCES IN THE CODE FROM
"SOUTH FLORIDA BUILDING CODE" TO "FLORIDA BUILDING CODE";
AMENDING SECTION 30-165 "GENERAL PROVISIONS" AND SECTION 30-167
"PROVISIONS FOR FLOOD HAZARD REDUCTION" OF ARTICLE IV "FLOODS"
OF CHAPTER 30 "ENVIRONMENT" TO PROVIDE FOR INTERNAL CONSISTENCY
AND UPDATED CROSS-REFERENCES; AMENDING ALL REFERENCES IN
CHAPTER 31 "LAND DEVELOPMENT REGULATIONS" TO CHANGE THE
REQUIREMENT OF AN "OWNERSHIP AND ENCUMBRANCE REPORT" TO AN
"OPINION OF TITLE"; AMENDING SECTION 31-53 "AMENDMENTS TO THE
COMPREHENSIVE PLAN" OF CHAPTER 31 "LAND DEVELOPMENT
REGULATIONS" TO UPDATE A REFERENCE TO THE APPLICABLE SECTION OF
THE FLORIDA STATUTES; AMENDING SECTION 31-79 "ADMINISTRATIVE SITE
PLAN REVIEW" OF CHAPTER 31 "LAND DEVELOPMENT REGULATIONS" TO
PROVIDE FOR TIME LIMITS TO COMPLETE THE PHASES OF DEVELOPMENT
OF A PHASED SITE PLAN; AMENDING SECTION 31-171 "OFF-STREET
PARKING AND LOADING STANDARDS" OF CHAPTER 31 "LAND
DEVELOPMENT REGULATIONS" TO UPDATE THE PARKING STALL DIMENSION
FIGURE AND TO ADD THE REQUIRED SIZE OF A PARALLEL PARKING SPACE;
AMENDING SECTION 31-221, "LANDSCAPING REQUIREMENTS" TO UPDATE
MINIMUM LANDSCAPE DESIGN STANDARDS FOR INTERIOR ISLANDS IN
PARKING LOTS; AND AMENDING SECTION 31-239, "COMPLIANCE WITH
COMPREHENSIVE PLAN" TO UPDATE THE LEVEL OF SERVICE STANDARDS
FOR POTABLE WATER; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Aventura ("City Commission") is
desirous of amending the Code of Ordinances ("City Code"), to clarify and to update certain
sections of the Code for internal consistency and to provide for updated cross-references, and
for consistency with updates to the Florida Statutes; and
WHEREAS, the City Commission desires to provide for a minimum size requirement for
parallel parking spaces; and
WHEREAS, the City Commission recognizes the need to update the water supply level
of service standards within the Land Development Regulations, for consistency with the
Comprehensive Plan; and
WHEREAS, the City Commission desires to provide for standards for timing of
development, and expiration of phased site plan approvals; and
WHEREAS, the City Commission further desires to provide for revision to the minimum
landscape standards applicable to interior landscaped islands in surface parking lots; and
Ordinance No. 2012-15
Page 2
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 City Commission, in its capacity as the Local Planning Agency, has
reviewed the proposed amendments to the City Code pursuant to the required public hearing
and has recommended approval to the City Commission; and
WHEREAS, the City Commission has reviewed the proposed amendments, and finds
that it is in the best interests of the public to amend the City Code as set forth in this
Ordinance; 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:
Section 1. Recitals Adopted. That each of the above-stated recitals are hereby
adopted and confirmed.
Section 2. City Code Amended. All references in the Code of Ordinances to the
"South Florida Building Code" are hereby amended to "Florida Building Code" for consistency
with Chapter 553, Florida Statutes.
Section 3. City Code Amended. Section 30-165 "General Provisions" and Section
30-167 "Provisions for Flood Hazard Reduction" of Division 2 "Flood Damage Prevention" of
Article IV "Floods" of Chapter 30 "Environment" of the Code of Ordinances is hereby amended
to read as follows:
Section 30-165. General Provisions.
(b) Basis for establishing the area of special flood hazard. The areas of special flood hazard
identified by the Federal Emergency Management Agency in its Flood Insurance Study and
Flood Insurance Rate Maps for Dade County, Florida, Miami-Dade County, Florida and
incorporated areas, dated ;"arch 2, 1 994, "Revised: September 11, 2009", with accompanying
maps and other supporting data, and any revision thereto, are adopted by reference and
1 Underlined provisions constitute proposed additions to existing text;st-tielEen ough provisions indicate proposed deletions
from existing text.
Ordinance No. 2012-15
Page 3
declared to be a part of this division. All The majority of lands within the City are within an
area of special flood hazard.
* * *
Section 30-167. Provisions for Flood Hazard Reduction.
* * *
(b) Specific standards for A-zoned flood hazard areas.
(1) Residential construction. New construction or substantial improvement of any
residential building (or manufactured home) shall be the lowest floor, together with all
mechanical and electrical equipment, including duct work, and including any basement,
elevated no lower than one foot above the base flood elevation or 18 inches above the
highest point of the adiacent road crown elevation, whichever is higher. Should solid
foundation perimeter walls be used to elevate a structure, openings sufficient to
facilitate the unimpeded movements of flood waters shall be provided in accordance
with Section 30-167(b)(3). The floor of an attached garage may be placed below the
base flood elevation, provided the openings required in Section 30-167(b)(3) are
installed and all mechanical and electrical equipment, including laundry facilities and
food freezers, are elevated above base flood elevation.
(2) Non-residential construction. New construction or substantial improvement of any
commercial, industrial, or non-residential building shall have the lowest floor, together
with all mechanical and electrical equipment, including duct work, and including any
basement, elevated no lower than one foot above the base flood elevation or 18 inches
above the highest point of the adjacent road crown elevation, whichever is higher. The
floor of an attached garage or loading dock may be placed below the base flood
elevation, provided the openings required in Section 30-167(b)(3) are installed and all
mechanical and electrical equipment are elevated above the base flood elevation.
Buildings may be floodproofed to an elevation of one foot above the required base flood
elevation noted above, or 18 inches above the highest point of the adiacent road crown
elevation, whichever is higher, in lieu of being elevated, provided that all areas of the
building below the required elevation are water tight with walls substantially
impermeable to the passage of water, and use structural components having the
capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy.
A registered professional engineer or architect shall certify that the standards of this
subsection are satisfied. Such certification shall be provided to the official as set forth
in Section 30-166(c)(4).
* * *
Ordinance No. 2012-15
Page 4
Section 4. City Code Amended. Section 31-53 "Amendments to the Comprehensive
Plan" of Article IV "Comprehensive Plan" of Chapter 31 "Land Development Regulations" of
the Code of Ordinances is hereby amended to read as follows:
Section 31-53. Amendments.
* * *
(4) Notice of public hearings. Public hearings shall be held in compliance with F.S. §
163.3181(15) 163.3184(11), as amended, and the provisions of this chapter.
* * *
Section 5. City Code Amended. Section 31-78 "Subdivision Plat Approval" and
Section 31-79 "Administrative Site Plan Review" of Article V "Development Review
Procedures" of Chapter 31 "Land Development Regulations" of the Code of Ordinances is
hereby amended to read as follows:
Sec. 31-78. Subdivision plat approval.
* * *
(2) Additional required information. In addition to the plat and application form, the applicant
shall submit the following information:
a. A complete and current : - - -•- - - - -- - - -- - - e - opinion of title.
* * *
(3) Additional information to be provided at option of director. In addition to the information
required with all tentative plat applications, the Community Development Director may request
the following information if it is determined necessary to ascertain the adequacy of public
facilities and consistency with the Comprehensive Plan or LDRs:
a. A sealed current topographic survey ("plat survey"). The plat survey shall cover the entire
area being platted and extend a minimum of 100 feet beyond the plat limits. The surveyor shall
certify that the survey meets the requirements of this section. The plat survey shall contain at
a minimum the following information:
* * *
5. All encumbrances and restrictions specified within the
report opinion of title.
Ordinance No. 2012-15
Page 5
* * *
Sec. 31-79. Administrative site plan review.
* * *
(e) Preliminary site plan submission requirements. An application for preliminary site
plan review shall include 12 sets of folded and collated plans containing the following:
(1) On-site sealed current (within 30 days) survey prepared by a Florida registered land
surveyor, certified as to meeting the requirements of Chapter 21 HH-6, Florida
Administrative Code. At a minimum the survey shall show the property's topography,
water bodies, easements, rights-of-way, existing structures and paved areas. This
survey shall be based upon the opinion of title and
shall so be stated on the survey itself.
* * *
(i) Approved plans. An approved site plan shall remain valid for a period of 12
months from the date of approval. If the site plan approval provides for phasing of the
development in two or more phases, the subsequent phases shall each remain valid for
a period of 12 months from the date of the certificate of occupancy or temporary
certificate of occupancy for the development included in the previous phase. If no
building permit is issued within a 12 month time period, the site plan approval, including
all subsequent phases shall be considered null and void. Additionally, if at any time
building permits lapse, the site plan, including all phases thereof, shall be considered
null and void. A six month extension of the effective time period for an approved site
plan may be granted by the City Manager or his designee if he or she has determined
that the applicant shows good cause for the delay in obtaining building permits,
provided that the request for extension is filed prior to the date of the expiration of any
site plan approval time period.
Section 6. City Code Amended. Section 31-171 "Off-Street Parking and Loading
Standards" of Article VIII "Off-Street Parking, Loading and Driveway Standards" of Chapter 31
"Land Development Regulations" is hereby amended to insert a legible copy of Figure 31-
171(2), attached as Exhibit #1 to this Ordinance, illustrating existing required dimensions of a
parking stall, and also to read as follows:
Section 31-171. Off-Street Parking and Loading Standards.
Ordinance No. 2012-15
Page 6
(a) General. Every building, use or structure, instituted or erected after the effective date of
this chapter shall be provided with off-street parking facilities in accordance with the
provisions of this section for the use of occupants, employees, visitors or patrons. Such
off-street parking facilities shall be maintained and continued as an accessory use as
* * *
long as the main use is continued.
(6) Size and character of required parking. The following design requirements shall be
observed for off-street parking:
a. Size; parking stalls. Each parking space required and provided pursuant to the
provisions of this article shall be not less than nine feet in width and 18 feet in
length, except as noted in subsection 31-171(a)(6)i. Where parallel parking spaces
are used, each parallel parking space shall be not less than nine feet in width and
23 feet in length.
* * *
Section 7. City Code Amended. Section 31-221 "Landscaping Requirements" of
Article X "Landscaping Requirements" of Chapter 31 "Land Development Regulations" is
hereby amended to read as follows:
Section 31-221. Landscape Requirements.
* * *
(i) Minimum Design Standards. The following shall apply to all developments requiring
site plan or permit approval except for single and two-family dwellings
(3) Interior landscape requirements. Within the interior of any vehicular use area (total area
less required perimeter buffer strips), the following shall be required:
(a) When the interior of any vehicular use area is designed for off-street parking purposes,
the following shall be provided:
* * *
2. Interior Islands. Landscaped interior island shall be seven feet in width (excluding
curbing) and not less than 90 square feet each in area and shall be placed within individual
rows of contiguous parking spaces so that there is not less than one island for every nine
parking spaces, or portion thereof and shall continue for the full length of the contiguous
parking space. At least one tree shall be planted in every interior island and the remainder of
the island shall be landscaped with grass or ground cover. Ground cover in interior islands
Ordinance No. 2012-15
Page 7
shall be designed and maintained so as not to impede movements in and out of vehicles.
Interior islands should not be placed directly opposite each other when in abutting parking
rows. Any arrangement which creates a non-regimented appearance, relieves monotony,
increases tree canopy and fulfills the requirements of this article may be approved by the
Director or designee.
Section 8. City Code Amended. Section 31-239 "Compliance with Comprehensive
Plan" of Article XI "Development Standards of General Applicability" of Chapter 31 "Land
Development Regulations" is hereby amended to read as follows:
Section 31-239. Compliance with Comprehensive Plan
(f) Level of Service Standards. The following level of service standards contained in the
adopted Comprehensive Plan shall be maintained.
* * *
(1) Potable Water.
Area Serviced by Miami-Dade Water & Sewer Department
(a) The treatment system shall operate with a rated maximum daily capacity which is no
less than 2 percent above the maximum daily flow for the preceding year, and an average
daily capacity 2 percent above the average daily per capita system demand for the preceding
5 years.
(b) Water shall be delivered to users at a pressure no less than 20 pounds per square inch
(psi) and no greater than 100 psi. Unless otherwise approved by the Miami-Dade Fire
Department, minimum fire flow based on the land use served shall be maintained as follows:
Land Use Min. Fire Flow
Single Family Residential/Estate 500 gal/min
Single Family, Duplex, and Residential on minimum 750 gal/min lots of 7,500 sf2.
Multi-Family Residential 1,500 gal/min
Semiprofessional Offices, Hospitals, Schools 2,000 gal/min
Business and Industry 3,000 gal/min
(c) Water quality shall meet all federal, State and County primary standards for potable
water.
(d) System-wide storage capacity for finished water shall equal no less than 15 percent of
the system average daily demand.
Ordinance No. 2012-15
Page 8
Area Serviced by North Miami Beach
Potable Water: The City's water system shall provide 144 gallons per person per day at a
pressure of 40 pounds per square inch (psi). The City attempts to maintain a water pressure
of 40 pounds per square inch (psi) although 20 psi is the legal minimum.
Section 9. 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 10. 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 re-numbered or re-
lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to
"Section" or other appropriate word.
Section 11. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Commissioner Joel, who moved its adoption on first reading.
This motion was seconded by Commissioner Stern and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach yes
Commissioner Bob Diamond yes
Commissioner Michael Stern yes
Commissioner Billy Joel yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Teri Holzberg absent
Mayor Susan Gottlieb yes
The foregoing Ordinance was offered by Commissioner Joel, who moved its adoption on second reading.
Commissioner Zev Auerbach yes
Commissioner Bob Diamond yes
Commissioner Michael Stern yes
Commissioner Billy Joel yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Teri Holzberg yes
Mayor Susan Gottlieb yes
PASSED on first reading this 4th day of September, 2012.
Ordinance No. 2012- /5
Page 9
PASSED on first reading this 4th day of September, 2012.
PASSED AND ADOPTED on second reading this 2nd day of October, 2012.
SUSA OTTLIEB, MAYOR
ATV ST:
`ILL Llt$—AM
041' �'+RO MMC
CLE'
APPROVED AS TO LEGAL SUFFICITCY:
/ awl
LtA -)
CITY ATTORNEY
Thi• Ordinance was fil d in the Office of the City Clerk this.. ) day of October, 2012.
CLERK
TYPICAL STALL DETAILS
FIGURE 31-171 (2)
Q. 45° PARKING
0
FI.
tiq
tiC
/
TYPE D OR F CURB
O DOUBLE 4" WHITE
�P THERMOPLASTIC
S
��``( sue'
ti
\o
90° PARKING
OVERALL STALL LENGTH 18'-0" w
16'-0" i r
OVERHANG ~ , `v J
Loo
7 Ja.a.
mix
Or
0 o I-
I
2
In
TYPE D OR F CURB
EXHIBIT#1 TO ORDINANCE NO. 2012-
TYPICAL PARKING SPACE