09-02-2014 The . Local Planning Agency City Manager
Susan Gottlieb,Mayor Eric M.Soroka,ICMA-CM
�i• Enbar Cohen City Clerk
Teri Holzberg Teresa M.Soroka,MMC
u (g'' Billy Joel
Michael Stern City Attorney
Howard Weinberg Weiss Serota Hellman
Luz Urbaez Weinberg Pastoriza Cole&Boniske
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LOCAL PLANNING AGENCY
AGENDA
SEPTEMBER 2, 2014 - 6 PM
Aventura Government Center
19200 West Country Club Drive
Aventura,Florida 33180
1. CALL TO ORDER\ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF MINUTES:JULY 8,2014
4. PUBLIC HEARING: MOTION RECOMMENDING ADOPTION OF THE FOLLOWING
ORDINANCE:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE CODE OF ORDINANCES BY AMENDING SECTION 31-144(C),
COMMUNITY BUSINESS DISTRICT, SUBSECTION c)(5)b. TO PROVIDE
FOR INTERNAL CONSISTENCY AND CROSS-REFERENCE RELATED
TO HEIGHT OF SHOPPING CENTER BUILDINGS; AMENDING SECTION
31-144(C), COMMUNITY BUSINESS DISTRICT, SUBSECTION c)(1)t. TO
PROVIDE FOR INTERNAL CONSISTENCY AND CROSS-REFERENCE
RELATED TO PET SHOPS; AMENDING CHAPTER 4, ALCOHOLIC
BEVERAGES, SUBSECTION (e)(2) OF SECTION 4-2 TO CLARIFY
EXEMPTION FOR DINING ROOMS AND RESTAURANTS; AMENDMENT
TO SECTION 31-234, OUTDOOR LIGHTING STANDARDS, TO PROVIDE
CONSISTENCY WITH THE MIAMI-DADE COUNTY CODE OF
ORDINANCES AND AMENDING SECTION 31-221, LANDSCAPING
REQUIREMENTS, TO PROVIDE CONSISTENCY WITH THE MIAMI-
DADE COUNTY CODE OF ORDINANCES AND TO INCREASE THE
MINIMUM HEIGHT OF TREES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN
EFFECTIVE DATE.
5. ADJOURNMENT
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.Anyone wishing to appeal any decision made by the City of Aventura
Local Planning Agency with respect to any matter considered at such meeting or hearing will need a record of the proceedings and,for
such purpose, may need to ensure that a verbatim 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 Clerk, City of Aventura
Government Center, 19200 West Country Club Drive,Aventura,Florida,33180. Anyone wishing to obtain a copy of any agenda item
should contact the City Clerk at 305-466-8901. One or more members of the City of Aventura Advisory Boards may also be in
attendance.
The C.ity (i MINUTES Government Center
Av e u r a LOCAL PLANNING AGENCY 19200 W.Country Club Drive
® MEETING Aventura, Florida 33180
'WI"�""" JULY 8, 2014 6 PM
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by
Mayor Susan Gottlieb. Present were Commissioners Enbar Cohen, Teri Holzberg,
Michael Stern, Luz Urbaez Weinberg Howard Weinberg, Vice Mayor Billy Joel,
Mayor Gottlieb, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City
Attorney Alan Gabriel. As a quorum was determined to be present, the meeting
commenced.
2. PLEDGE OF ALLEGIANCE: Led by FIU Vice Provost Steve Moll.
3. APPROVAL OF MINUTES: A motion to approve the minutes of the February 4,
2014 LPA Hearing was offered by Vice Mayor Joel, seconded by Commissioner
Holzberg and unanimously passed.
4. PUBLIC HEARING: MOTION RECOMMENDING ADOPTION OF THE
FOLLOWING ORDINANCE: Mr. Gabriel read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE
2014 EVALUATION AND APPRAISAL BASED AMENDMENTS TO THE CITY
OF AVENTURA COMPREHENSIVE PLAN; AUTHORIZING TRANSMITTAL TO
REVIEW AGENCIES; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
A motion to recommend adoption of this item was offered by Commissioner Luz
Weinberg, and seconded by Commissioner Howard Weinberg. Community
Development Director Joanne Carr addressed the Commission and entered the
staff report into the record. Mayor Gottlieb opened the public hearing. There
being no speakers, the public hearing was closed. The motion to recommend
adoption was unanimously passed.
5. ADJOURNMENT: There being no further business to come before the Local
Planning Agency, the meeting adjourned at 6:10 p.m.
Teresa M. Soroka, MMC, City Clerk
Approved by the LPA on
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, I P► A-C
City Manager
BY: Joanne Carr, AIC ' 110
Community Develo•I e t Director
DATE: August 18, 2014
SUBJECT: Clean-up Amendments to the City Code
(02-LDR-14)
September 2, 2014 Local Planning Agency Agenda Item
September 2, 2014 City Commission Meeting Agenda Item fre-
October 7, 2014 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission approve the clean-up amendments to the
City Code listed in this staff report.
THE REQUEST
City staff is requesting amendments to the City Code for clarification of certain sections,
for consistency with existing legislation, for updating of existing provisions, and for ease of
use of the City Code by its readers.
PROPOSED AMENDMENTS'
Amendment No. 1
By Ordinance No. 2014-04, passed on March 4, 2014, the City Commission approved an
amendment to the maximum lot coverage for shopping center buildings with more than
1 Underlined provisions constitute proposed additions to existing text; stricken-throug-Ii provisions indicate
proposed deletions from existing text.
1,000,000 square feet of gross leasable area. The lot coverage was increased from 40%
to 45% with the condition that the shopping center building does not exceed 5 stories in
height and that it provides a centralized multimodal transportation facility within a parking
structure. This provision should be cross-referenced in the maximum height site
development criteria. This is not a change to the B2 zone; merely a cross-reference to
another existing provision. The proposed amendment is as follows:
Section 31-144(c). Community Business (B2) District.
c) Community Business (82) 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.
(5) Site development standards.
a. Floor area ratio and lot coverage and minimum landscaped open space
requirements:
2. The floor area ratio shall be 0.40 at one story and shall be increased by 0.11
for each additional story. Structure parking shall not count as part of the floor area, but
shall be counted in computing building height. The total lot coverage permitted for all
buildings on the site shall not exceed 40 percent of the total lot area, except as provided in
Subsection 4. below_The floor area ratio shall not exceed 2.0 for all buildings in this district
in conformance with the comprehensive plan.
3. For shopping center buildings with more than 1,000,000 square feet of gross
leasable area that provide public amenities including, but not limited to, public plazas,
fountains or other water features, seating areas and recreational walking areas and that do
not exceed five stories in height, the minimum landscaped open space shall be 15 percent
of the total lot area. Said open space shall be extensively landscaped with grass, trees and
shrubbery in accordance with a landscape plan to be approved by the City Manager. The
non-leasable areas within enclosed or non-enclosed malls which are landscaped with
grass, trees and/or shrubbery, water areas therein, and areas therein with permanent art
display areas may be used as part of the required landscaped open space provided such
areas do not exceed ten percent of the required landscaped open space.
4. For parcels that include one or more shopping center buildings, the
maximum lot coverage shall not exceed 45% of the total lot area, provided that such
shopping center buildings contain more than 1,000,000 square feet of gross leasable area
and do not exceed five stories in height and that the shopping center building provides a
centralized multi-modal transportation facility which is enclosed within a parking structure,
and which may be used by: City transit providers, County transit providers, any other
governmental entities requesting use of the facility and private transit providers.
b. Maximum height: 12 stories or 120 feet overall maximum height, including structure
parking, provided that a height limitation of five (5) stories shall apply only for shopping
center buildings which are subject to Subsection (5)(a)(4) above. That portion of the
building or structure within 200 feet of any residential zone shall be subject to a height
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limitation of one foot for every two feet in distance from the residential zoned plot unless
the application of this requirement would limit the building height to a minimum of 25 feet.
Amendment No. 2
By Ordinance No. 2014-05, the City Commission prohibited pet stores that display, sell,
deliver, offer for sale, barter, auction, give away or otherwise transfer or dispose of dogs or
cats, with the following exceptions: animals bred and reared on the premises, a publicly
operated animal control facility or shelter, a private, charitable, non-profit humane society
or animal rescue organization and a publicly operated animal control facility or animal
rescue organization that operates out of or in connection with a pet store.
This ordinance was enacted as an amendment to Chapter 1 of the City Code. In order
that readers of Chapter 31, Land Development Regulations, are readily aware of this
prohibition, staff recommends a revision to Section 31-144(c), Community Business
District to cross-reference the provision in Chapter 1. The proposed amendment is as
follows:
Section 31-144(c). Community Business (B2) District.
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:
t. Pet shops operated in compliance with Section 1-17 of the City Code and dog beauty parlors in
air-conditioned buildings.
Amendment No. 3
Chapter 4 of the City Code regulates the service and sale of alcoholic beverages. It
provides that no premises shall be used for the sale of any alcoholic beverage unless it
meets the distance and spacing requirements of this Chapter.
Section 4-2(e), Exemptions to Spacing and Distance Requirements, exempts restaurants
in the B1 and B2 zoning districts, if the restaurant serves cooked, full course meals daily
prepared on the premises providing that only a service bar is used and alcoholic
beverages are sold only to persons seated at tables. Establishments that do not meet
these conditions require conditional use approval to serve alcoholic beverages.
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Staff is recommending the following addition to the Code to clarify that full service
restaurants are contemplated by the exemption above, but that this exemption does not
include cafes and/or kiosks that serve light meals such as sandwiches, omelets, pastries,
coffee, juices and the like. These types of establishments require conditional use
approval by the City Commission in order to serve alcoholic beverages. This is the
interpretation currently used by staff in regulating the provisions of this Chapter. The
amendment is proposed to provide clarity to readers.
Staff is further recommending that the exemption for full service restaurants also apply to
our mixed-use zones that allow restaurant uses, those being, the TC1, TC2 and TC3
zoning districts.
The proposed amendment is as follows:
Chapter 4 ALCOHOLIC BEVERAGES
Sec. 4-2. Location of establishments.
(a) Distance from other establishments. Unless approved as a conditional use, no
premises shall be used for the sale of any alcoholic beverages, as defined herein, to be
consumed on or off the premises where the structure or place of business intended for
such use is located less than 1,500 feet from a place of business having an existing,
unabandoned, legally established (and not one of the uses excepted from the spacing
requirements hereinafter provided) alcoholic beverage use which permits consumption on
or off the premises. The 1,500 feet distance requirements shall be measured by following a
straight line from the nearest portion of the structure of the place of business.
(b) Distance from religious facility or school. Unless approved as a conditional use, no
premises shall be used for the sale of alcoholic beverages to be consumed on or off the
premises where the structure or place of business intended for such use is located less
than 2,500 feet from a religious facility or school. The 2,500-foot distance requirement shall
be measured and computed as follows:
(1) From a religious facility, the distance shall be measured by following a straight
line from the front door of the proposed place of business to the nearest point of the
religious facility grounds, and
(2) From a school, the distance shall be measured by following a straight line from
the front door of the proposed place of business to the nearest point of the school
grounds.
(e) Exceptions to spacing and distance requirements. The restrictions and spacing
requirements set forth in subsections (a) and (b) above shall not apply:
(2) Restaurants in B1,and B2, TC1, TC2 and TC3 Zoning Districts. To dining rooms
or restaurants located in the B1, and B2, TC1, TC2 and TC3 Zoning Districts and
which do not comply with subparagraph (3) below, but which comply with the
requirements of such districts and serve cooked, full course meals, daily prepared on
the premises, or such other dining rooms or restaurants in other more liberal zoning
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districts complying with the requirements of the B1, and B2, TC1, TC2 and TC3
Districts and which serve cooked, full course meals, daily prepared on the premises,
providing that only a service bar is used and alcoholic beverages are sold only to
persons seated at tables. This exemption does not include cafes and/or kiosks that
serve light meals, snacks and/or hot and cold beverages.
Amendment No. 4
The outdoor lighting standards in Section 31-234 of the City Code was enacted in July of
1999. It has come to staffs attention that Miami-Dade County amended outdoor lighting
requirements in November of 2001. The County provisions apply to all incorporated and
unincorporated areas. All photometric plans submitted to the City for permitting are
currently reviewed by staff for compliance with both the City and County Code criteria. The
proposed amendment to the City Code is to provide consistency with the County Code
regulation, as follows:
Section 31-234. Outdoor lighting standards.
(a) General. No structure or land shall be developed, used or occupied unless all outdoor
lighting conforms to the requirements of this section. The terms used in this section shall have
the definition use by the Illuminating Engineers Society. Open parking lots, alleys and access
thereto shall be illuminated as set forth below. For purposes of this section, alley is defined as
a narrow vehicular thoroughfare up to twenty-five (25) feet in width upon which service
entrances or buildings abut and not generally used as a thoroughfare for general traffic:
provided, however, alleys shall not include public rights-of-way. Lighting shall be designed and
placed to illuminate the ground, a vehicular use area, a building, a street, or a sign. All lighting
shall be concentrated on the ground, building, street, or sign it is intended to illuminate. Lighting
which is designed to illuminate the building roof area, except for safety reasons as determined
by the Community Development Director, shall be prohibited.
(b) Preparation of site lighting plan. A plan which shows the photometrics of the site's lighting
for vehicular use areas and alleys and access thereto, outside building areas, signs and streets
shall be prepared by a registered professional engineer. The plan shall incorporate all existing
and proposed sources of artificial light used on the site, including adjoining outparcels. The
lighting plan shall be submitted with the final building plans, prepared at the same scale. The
plan must indicate and be certified for compliance with the standards of this section.
(c) Minimum and Maximum illumination. All •• - • - ---• - --- - - - - -- buildings
shall illuminate parking lots and access thereto and all pedestrian areas to a minimum
maintained average of 1.0 footcandle from dusk to dawn and a uniformity ratio not to exceed a
maximum to minimum ratio of 12 to 1 footcandles., - - - -• - - •- ' - - - - : '.
feeteandle provided that the lighting level may be reduced by fifty percent (50%) on non-
business days and commencing thirty(30) minutes after the termination of each operating day.
The area immediately outside of exterior doors shall have security illumination and shall be
activated during the dark period of every day.
Parking and nonenclosed areas under or within buildings at grade shall be provided with a
maintained minimum of 1 foot candle of light on the parking and walking surfaces from dusk to
dawn.
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Alleys shall be provided with a maintained minimum of 1/3 foot candle on the alley surface from
dusk to dawn.
(d) All lighting for parking areas, buildings and signs shall be located,
screened, or shielded so that adjacent property, structures, and rights-of-way are not directly
illuminated. All lighting for parking areas, buildings and signs shall either be shaded or
screened in a manner that will limit spillover of lighting onto adjacent property and public rights-
of-way. Spillover shall not exceed 0.5 footcandles measured vertically along the property line at
the perimeter of the property.
(e) Lighting height standards. All private outdoor lighting shall be designed, located and
mounted at heights no greater than:
(1) 12 feet above grade for non-cut-off type luminaries, and
(2) 30 feet above grade for cut-off type luminaries.•(f) Exceptions. '- - • - - •- -- - :. •. •••• - -- - - -- - -athletic areas, courts and fields; and water and wastewater treatment facilities shall be
- -• - -- - -- - - .. . The provisions of this section shall not apply to governmental
facilities not generally open to the public, and shall apply to those governmental facilities that
are generally open to the public only during the dusk-to-dawn hours such facilities are open.
(g) Street lighting. A street lighting system shall be provided in all land development projects
with public or private streets. All street lighting shall be installed according to standards
established by the City or County.
Amendment No. 5
Section 31-221 has not been updated since its original adoption in July of 1999. Staff is
recommending revisions to include Florida-friendly planting principles in the Intent and
Purpose section, to add definitions, to increase the minimum height of trees consistent
with requirements of other municipalities, to clarify all items to be shown on a landscape
plan, to set out guidelines for plan review, to add a requirement for a preparer's statement
of compliance, to renumber sections and generally to provide consistency with the
landscaping requirements in Chapter 18A of the Miami-Dade County Code. This chapter
of the County Code applies to both unincorporated and incorporated areas of the County.
The proposed amendments are as follows:
ARTICLE X. LANDSCAPING REQUIREMENTS
Sec. 31-221. Landscaping requirements.
(a)Intent and purpose. The purpose and intent of this article is to provide regulation for the
installation and maintenance of landscaping and landscaped open space. Trees and plants are
integral and vital parts of the earth's ecosystem: they conserve energy; they provide essential and
desirable benefits to man, including the production of life supporting oxygen, the reduction of
carbon dioxide, the filtering of dust and gaseous pollutants; they serve as a natural abatement to
noise pollution; they camouflage unsightly views; they provide shelter to birds and wildlife; they
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enhance the value of property; they preserve open space; and they maintain and improve the
aesthetic quality of the City of Aventura, thereby promoting the health and general welfare of its
citizenry. In addition, it is the policy of the City Commission that every effort shall be made to
preserve and maintain viable vegetation within the City of Aventura. The City encourages the
Florida Yards and Neighborhoods Program "Florida-Friendly" Landscaping principles of (1)
choosing low-maintenance plants that are able to tolerate short periods without rainfall that have
few pest and disease problems and (2) planting the right tree or plant in the right place to avoid
problems such as clogged sewers, cracked sidewalks and power service interruptions.
(d) Definitions. The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this subsection, except where the context clearly indicates a
different meaning:
ANSI A300 Standards: Industry-developed standards of practice for tree care. Acronym
for American National Standards Institute.
Clear Wood: A measurement from the soil line to the highest point on the trunk free of
persistent leaf bases. On palms with a crownshaft, the measure will be from the soil line to
the base of the crownshaft.
Clearance pruning: Pruning required to avoid damage or danger related to structures,
power distribution and property, as defined in the current ANSI A300 Standards.
Controlled Plant Species: Pruning required to avoid damage or danger related to
structures, power distribution and property, as defined in the current ANSI A300 Standards.
Diameter at breast height ("DBH") shall mean the diameter of a tree's trunk measured at a
height four and one-half (4.5) feet above natural grade. In the case of multiple-trunk trees, the
DBH shall mean the sum of each trunk's diameter measured at a height of four and one-half
(4.5) feet above natural grade.
Emitters: Devices which are used to control the discharge of irrigation water from lateral
pipes.
Florida Friendly Landscaping: Practices, materials or actions developed by the Florida
Yards and Neighborhood Program that help to preserve Florida's natural resources and
protect the environment.
Florida Yards and Neighborhood Program: Is a partnership of the University of
Florida/Institute of Food and Agricultural Sciences, Florida's water management districts, the
Florida Department of Environmental Protection, the National Estuary Program, the Florida
Sea Grant College Program and other agencies, managed locally by the Miami-Dade
Cooperative Extension Division of the Consumer Services Department.
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Ground cover: Plant material which is a dense, extensive growth of low-growinq plants,
other than turfgrass, normally reaching a maximum height of not more than 24 inches at
maturity.
Hatracking: To flat cut the top of a tree, severing the leader or leaders; or pruning a tree
by stubbing off mature wood larger than three inches in diameter; or reducing the tree's living
canopy by more than one-third except where removal of branches is necessary to protect
property and public safety. -- - - - -- - - - -• - - . • -- - . - - -
Mehee).
Heat island: An unnaturally high temperature microclimaie resulting from radiation from
unshaded impervious surfaces.
Hydrozone: A zone in which plant material with similar water needs are grouped together.
Irrigation detail: A graphic representation depicting the materials to be used and
dimensions to be met in the installation of the irrigation system.
Irrigation plan: A plan drawn at the same scale as the landscape plan, indicating location
and specification of irrigation system components and other relevant information as required
by this chapter.
Irrigation system: A system of pipes or other conduits designed to transport and distribute
water to keep plants in a healthy and vigorous condition.
Landscape feature: Trellis, arbor, fountain, pond garden sculpture, garden lighting,
decking, patio, decorative paving, gazebo, and other similar elements.
Landscaping material: Any of the following or combination thereof such as, but not limited
to: Grass, ground cover, shrubs, vines, hedges, and trees, of palms and non-living material
such as rocks, pebbles, sand, mulch, or pervious decorative paving materials.
Landscape Manual: The Miami-Dade County Landscape Manual adopted under Chapter
18A of the Code of Miami-Dade County, which is to be used as a guide with this section.
Landscape plan: A plan indicating all landscape areas, stormwater retention/detention
areas, areas which qualify to be excluded from maximum permitted lawn area, existing
vegetation to be retained, proposed plant material, landscape legend, landscape features,
planting specifications, all landscape calculations, the size and zoning of the subject parcel,
the length of all abutting and interior roadways, a north arrow, the scale of the plan, the
percentage of native species for all trees and shrubs, graphic depictions of the minimum
standards for planting and bracing for all trees, palms, and shrubs, view triangles where
required, and all other relevant information as required by this article.
Planting detail: A graphic representation of the plant installation depicting the materials to
be used and dimensions to be met in the placement of plants and other landscape materials.
Prohibited plant species: Those plants listed in the Miami-Dade County Landscape
Manual which are demonstrably detrimental to native plants, native wildlife, ecosystems or
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human health, safety, and welfare, - -- - - _-_• •_- - -_ - - - " - - '- _ -
Specimen tree: A tree with any individual trunk which has a DBH of eighteen (18) inches or
greater, but not including the following:
(1) All trees listed in Section 24-49(4)(fl of the Code of Miami-Dade County;
(2) Non-native fruit trees that are cultivated or grown for the specific purpose of producing
edible fruit, including, but not limited to, mangos, avocados, or species of citrus;
(3) Non-native species of the genus Ficus, and
(4) All multi-trunk trees in the palm family, except Acoelorrhaphe wrightii and Phoenix
reclinata which have a minimum overall height of fifteen (15) feet.
Vegetation survey: A drawing provided at the same scale as the landscape plan which
includes relevant information as required by this article.
Xcriscape: A type of landscaping utilizing native plants and ground cover that needs
reduced water and little maintenance, which is detailed in the South Florida- Water
by reference.
(e) Landscape plan required. Prior to the issuance of a building permit or site plan approval, a
landscape plan shall be submitted to and approved by the Director of the Community
Development Department.
All landscape plans must be signed and sealed by a State of Florida Registered Landscape
Architect. The landscape plan shall be drawn to a scale not less than 1" - 20' 0". All
- _ - - .- - - e. - _ _ -_ -. -_ . -t. _ _ •_ -_ - - - - - . The use of xeriscape
principles Florida-Friendly Landscaping principles in the development of this plan is strongly
encouraged. No building permit or site plan approval shall be issued unless such landscape
plan complies with the provisions herein.
Landscape plans shall be provided as part of the submission for site plan approval and shall:
(1) Be drawn to scale not less than 1"=20' and include property boundaries, north arrow,
graphic scale, and date.
(2) Include a vegetation survey, including an aerial photograph which outlines the subject
site, provided at the same scale as the landscape plan.
(3) Delineate existing and proposed structures, parking spaces, accessways and other
vehicular use areas, sidewalks, utilities, easements, height and voltage of power lines
on the property or adjacent property.
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(4) Indicate the common and scientific name and quantity of plants to be installed using
"Landscape Legend" code format as prescribed by the Director of Community
Development.
(5) Identify all landscape features and non-living landscape materials.
(6) Show all areas of vegetation required to be preserved by law, including but not
limited to trees, specimen trees, native plant species, Natural Forest Communities,
native habitats and wetlands.
(7) Illustrate any geologic, historic and archeological features to be preserved.
(8) Depict stormwater retention/detention areas and areas excluded from maximum
permitted lawn area.
(9) Document zoning district, net lot area, required open space, and maximum permitted
lawn area.
(10)Complete "Owner's or Preparer's Certification of Landscape Compliance at Time of
Landscape Plan Submittal" in form approved by the City Manager.
Landscape plans submitted for permit shall include all of the above, as well as the
following:
(1) A fully completed, permanently affixed "Landscape Legend" as prescribed by the
Director of Community Services.
(2) Critical layout dimensions for trees, plant beds and landscape features.
(3) Method(s) to protect and relocate trees and native plant communities during
construction.
(4) Planting details and specifications.
(5) Irrigation plans, as required by the zoning district.
(6) Irrigation details and specifications, as required above.
Prior to the issuance of final landscape approval for any building permit issued by the City, an
Owner's, or a Professional Preparer's Certificate of Landscape Compliance for Final Inspection, in
a form approved by the City Manager, shall be submitted at the time that the final inspection is
requested.
(f) Vegetation survey required. A vegetation survey shall be provided for all sites at the same
scale as the landscape plan. The vegetation survey shall be accompanied by an aerial
photograph which outlines the subiect site without obscuring its features. The vegetation
survey shall provide the following information:
(1) The accurate location and graphic representation, in relation to existing development, of
all existing trees of a minimum two-inch DBH or ten-foot height or, for native trees, of a
minimum one and one-half (11,4) DBH or eight-foot height, including those which are
proposed to be removed, relocated or preserved on site in accordance with the
requirements of this Code.
(2) A table showing the following information:
(a) The scientific and common name of each tree, each of which shall be numbered.
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(b) The diameter at breast height (DBH) of each tree, or if a multiple trunk tree, the sum
DBH for all trunks.
(c) An estimate of the height, canopy cover, and physical condition of each tree, and
whether specimen tree(s) exist on site.
Landscape Plan Review: Landscape plans shall be reviewed in accordance with the
following goals and objectives and the guidelines:
(1) Landscape design shall enhance architectural features; relate structure design to the site;
visually screen dissimilar uses and unsightly views; reduce noise, glare and heat gain
from paved areas, major roadways and incompatible uses; strengthen important vistas
and reinforce neighboring site design and architecture.
(2) Existing specimen trees, native vegetation (including canopy, understory, and ground
cover) shall be preserved to the maximum extent possible and all requirements of Section
24-49 of the Code of Miami-Dade County shall be met.
(3) In order to conserve water, reduce maintenance, and promote plant health, plant species
shall be selected and installed based on their water needs, growth rate and size, and
resource inputs. Plants with similar water needs shall be grouped in hydrozones.
Adequate growth area, including rooting space, based on natural mature shape and size
shall be provided for all plant materials.
(4) The plan shall include the use of native plant species in order to reestablish an aesthetic
regional quality and take advantage of the unique diversity and adaptability of native
species to the environmental conditions of South Florida. Where feasible, the re-
establishment of native habitats shall be incorporated into the landscape plan.
(5) Trees and shrubs shall be planted in such a way as to reduce energy consumption by
shading buildings and shall be used to reduce heat island effects by shading paved
surfaces.
(6) Street trees shall be used to shade roadways and provide visual order. Where feasible,
selected species shall be used to establish a road hierarchy by defining_different road
types.
(7) Special attention shall be given to the use of appropriate species located under, or
adjacent to overhead power lines, and near native plant communities and near
underground utility lines. Adequate growth area shall be provided for all plant materials.
(9) Landscaping shall be designed in such a way as to provide safe and unobstructed views
at intersections of roadways, driveways, recreational paths and sidewalks in accordance
with this article.
kg fin Minimum landscape requirements for all zoning districts.
(1) Tree specifications.
a. Required trees shall be of a species which normally grow to a minimum height of 25
feet and have a mature crown spread of not less than 20 feet with trunks which can
be maintained with over six feet of clear wood. Emphasis is given to the use of native
species.
b. All required trees shall have a minimum caliper or diameter at breast height (D.B.H)
of three inches and be a minimum of 42 14 feet in height at time of planting. The
minimum tree canopy shall be 7', centered on the trunk.
-- . - - - - - - -- -- - - - - - - - - - _ - -- a- -- --- - .
11
c. Required palms shall be field grown and have a minimum of 16 feet in overall height
with a minimum of 6 feet of clear wood. - • - •• - -- •- --'= - •- • --
gray-weed.
d. Adiacent to any street right-of-way, a single trunk palm species with a minimum 10
inches DBH and a minimum of 8 feet of clear wood is required. Queen palms
(Syaarus romanzoffiana) shall not be allowed as street trees.
d-e. No more than 40 thirty (30%) percent of all required gray wood trees shall be of a
palm species, as determined by the Director or Designee.
e-f. Three palm trees shall be clustered to equal one required tree: The three palm trees
in the cluster shall be of differing heights, with a minimum three-foot stagger between
adjacent palms, but, in no case smaller than 1-4 16 feet in height. Roystonea sp.
(Royal Palm) and Phoenix sp. (Date Palm) may have matching heights. Such
clustering shall be determined by Director or Designee.
#,g It is prohibited to paint the trunks of trees or palms.
h. Prohibited and controlled tree species shall not be counted toward fulfilling minimum
tree requirements. Prohibited trees shall be removed from the site.
i. Of the required trees at least thirty (30%) percent shall be native species and fifty
(50%) percent shall be low maintenance and drought tolerant.
j. Eighty (80%) percent of the trees shall be listed in the Miami-Dade Landscape
Manual, the Miami-Dade Street Tree Master Plan and/or the University of Florida's
Low-Maintenance Landscape Plants for South Florida list.
k. Consideration shall be given to the selection of trees, plants and planting site to avoid
serious problems such as clogged sewers, cracked sidewalks, and power service
interruptions.
(2) Other plant material specifications.
a. Shrubs and hedges: Shall be of a self-supporting, woody, evergreen species and
shall be a minimum of two feet in height at time of planting. Hedges shall be planted
and maintained so as to form a continuous, solid visual screen, of not less than three
feet in height, within one year of planting. Spacing of plants shall be no more than 24
inches on center. Double staggered rows may be required in some areas as
determined by Director or Designee. Of the provided shrubs at least:
(a) Thirty (30%) percent shall be native species; and
(b) Fifty (50%) percent shall be low maintenance and drought tolerant; and
(c) Eighty (80%) percent shall be listed in the Miami-Dade Landscape Manual, the
Miami-Dade Street Tree Master Plan and/or the University of Florida's Low-
Maintenance Landscape Plants for South Florida list.
b. Ground covers: May be used in lieu of grass. Ground covers shall present a finished
appearance and reasonably complete coverage at time of planting.
c. Lawn grass: Shall be St. Augustine 'Floratam' solid sod, or other lawn type species
well adapted to localized growing conditions, as approved by the Director, reasonably
free of insects and noxious weeds. Lawn shall be solid sodded for immediate effect.
d. Quality: Plant material shall comply with required inspections, grading standards and
plant regulations as set forth by the Florida Department of Agriculture and Consumer
12
Service's most current edition of "Grades and Standards of Nursery Plants, Part I &
II",latest revisions, and "Grades and Standards for Nursery Plants, Part II for Palms
and Trees", or with superseding standards called for in these specifications. Plants
shall conform to Florida No. 1 or better regarding:
1. Shape and form.
2. Health and vitality.
3. Condition of foliage.
4. Root system.
5. Free from pest and mechanical damaged.
6. Heavily branched and with dense foliage.
7. Trees installed pursuant to this Section shall have (1) primary vertical trunk and
secondary branches free of included bark up to a height of six (6) feet above
natural grade.
(3) Installation.
c. Existing plant credit: In instances where healthy plant material exists on-site
(particularly native or xeriscape Florida-friendly species), the Director or Designee
may adjust the requirements of this article to allow credit for such plant material, if,
in his or her opinion, such an adjustment is in keeping with and will preserve the
intent of this article.
(4) Irrigation.
All newly landscaped areas shall be provided with a fully automatic underground
irrigation system that provides 100 percent coverage to all landscaped areas. irrigation•
material. -- - - - - -- -- , - -- - - - - -- "e - -
a. Irrigation systems shall be designed, operated and maintained to:
1. Meet the needs of all the plants in the landscape.
2. Consider soil, slope and other site characteristics in order to minimize water
waste, including overspray or overflow on to impervious surfaces and other non-
vegetated areas, and off-site runoff.
3. Minimize free flow conditions in case of damage or other mechanical failure.
4. Use low trajectory spray heads, and/or low volume water distributing or
application devices.
5. Maximize uniformity, considering factors such as:
(1) Emitters types,
(2) Head spacing,
13
(3) Sprinkler pattern, and
(4) Water pressure at the emitter.
6. Use the lowest quality water feasible.
7. Rain switches and other devices, such as soil moisture sensors, shall be used
with automatic controls.
8. Where feasible, drip irrigation or micro-sprinklers shall be used.
9. During dry periods, irrigation application rates of between one (1) and one and
one-half (1%) inches per week are recommended for turf areas.
a. 10. The operation of an irrigation system during periods of heavy rainfall is
prohibited and shall conform to standards and regulations as established by the
South Florida Water Management District. - - - -ea - - - -- - --
A functioning moisture or rain sensor shut-off device shall be
required on all irrigation systems equipped with automatic controls. The device
shall not be installed under the eaves of houses, buildings or other obstructions,
nor in the path of the irrigation system.
{9}fa Maintenance.
(4) Pruning. Trees shall be pruned in the following manner:
a. All cuts shall be clean, flush and at junctions, laterals or crotches. All cuts shall be
made as close as possible to the trunk or parent limb, without cutting into the branch
collar or leaving a protruding stub.
b. Removal of dead wood, crossing branches, weak or insignificant branches, and
sucker shall be accomplished simultaneously with any reduction in crown.
c. Cutting of lateral branches that results in the removal of more than one-third (1/3) of
all branches on one (1) side of a tree shall only be allowed if required for hazard
reduction or clearance pruning.
d. Lifting of branches or tree thinning shall be designed to distribute over half of the tree
mass in the lower two-thirds (2/3) of the tree.
e. No more than one-third (1/3) of a tree's living canopy shall be removed within a one (1) year
period.
f. Trees shall be pruned according to the current ANSI A300 Standards and the Landscape
Manual.
(4j. Edging. Edging shall be accomplished in such a manner so as not to destroy
landscaping material.
(-5-MFertilization. Fertilize landscaping material, as needed, to maintain healthy, viable
growth. Apply appropriate fertilizer to avoid symptoms of chlorosis and trace element
deficiency. Use of environmentally safe fertilizer is required. Application of fertilizer must
conform to manufacturers specifications.
(hi) Tree removal permit. No existing tree on the site having a trunk diameter of three inches or
greater, or trees with an overall height of twelve feet and greater, except for s
14
• •- - • - - . ' t ' ". 4 ... A .
At - P. - - -- - -. .- _ - _•:-
shall net be removed or relocated without a permit from the Community
Development Department of the City. In evaluating whether to grant a tree removal permit, the
Director or Designee shall consider the size, species (native or not), health, rareness and age
of the tree. A tree survey identifying all existing trees over three inches in diameter or trees
with an overall height of twelve feet and greater shall be included with any building permit
application. This survey drawing shall be overlaid directly upon the site plan sufficiently to
provide the accurate location of all existing trees which are proposed to be destroyed,
relocated, or preserved, the identification number of each tree, botanical name and common
name of each tree, and the diameter at breast height (DBH) of each tree, height and canopy
spread of each tree, condition and disposition of each tree. In addition, all applicable portions
of Tree Protection Ordinance #89 8 Section 24-49 of the Code of Miami-Dade County are
adopted herein. Applicability of the Miami-Dade County Ordinance shall be as determined by
the Director or Designee.
Excepted from this section are the tree species listed in Section 24-49(4)(f) of the Code of
Miami-Dade County.
(2) Relocation standards. Trees that are to be relocated shall be consistent with the Tree
Relocation Standards as set forth in Section 24-49.6 of the Code of Miami-Dade County
and the following minimum standards:
(+)k1 Minimum design standards. The following shall apply to all developments requiring site plan or
permit approval except for single and two-family dwellings:
(5) Clear sight triangles.
a. When an accessway intersects a public street or alley right-of-way, or another
accessway, or when the vehicular use area is contiguous to the intersection of two or
more public rights-of-way, all landscaping within the triangular areas created by such
intersections and defined below shall provide unobstructed vision clearance at an
elevation of 28- 2.5 feet to eight feet in height. Vision clearance requirements shall
comply with American Association of State Highway & Transportation Officials
(AASHTO).
b. Trees having over six feet of clear trunk with limbs and foliage trimmed in such a
manner as not to extend into the vision clearance area shall be permitted, provided
they in no way create a traffic hazard. No landscaping elements, except for grass,
ground cover, or hedges no greater than 2.5 feet shall be located nearer than five ten
feet to any accessway intersection of a public road.
15
ANALYSIS
The proposed amendments to the City's Land Development Regulations have been
analyzed using the criteria for amendment in Section 31-77 of the City Code, as follows:
1. The proposed amendment is legally required.
The proposed amendments are legally required to implement the recommended
revisions.
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.
3. The proposed amendment is consistent with the authority and purpose of the LDR.
The proposed amendments are consistent with the authority and purpose of the Land
Development Regulations.
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 they provide clarification, provide consistency with
existing legislation and update existing provisions.
16
ORDINANCE NO. 2014-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CODE
OF ORDINANCES BY AMENDING SECTION 31-144(C), COMMUNITY BUSINESS
DISTRICT, SUBSECTION c)(5)b. TO PROVIDE FOR INTERNAL CONSISTENCY
AND CROSS-REFERENCE RELATED TO HEIGHT OF SHOPPING CENTER
BUILDINGS; AMENDING SECTION 31-144(C), COMMUNITY BUSINESS DISTRICT,
SUBSECTION c)(1)t. TO PROVIDE FOR INTERNAL CONSISTENCY AND CROSS-
REFERENCE RELATED TO PET SHOPS; AMENDING CHAPTER 4, ALCOHOLIC
BEVERAGES, SUBSECTION (e)(2) OF SECTION 4-2 TO CLARIFY EXEMPTION
FOR DINING ROOMS AND RESTAURANTS; AMENDMENT TO SECTION 31-234,
OUTDOOR LIGHTING STANDARDS, TO PROVIDE CONSISTENCY WITH THE
MIAMI-DADE COUNTY CODE OF ORDINANCES AND AMENDING SECTION 31-
221, LANDSCAPING REQUIREMENTS, TO PROVIDE CONSISTENCY WITH THE
MIAMI-DADE COUNTY CODE OF ORDINANCES AND TO INCREASE THE
MINIMUM HEIGHT OF TREES; 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 Miami-Dade Country Code of Ordinances; and
WHEREAS, the City Commission desires to provide internal consistency and cross
reference for the maximum height of shopping center buildings that are subject to Section 31-
144(c), Subsection (5)(a)(4); and
WHEREAS, the City Commission desires to provide internal consistency and cross
reference for permitted use of pet stores in the B2, Community Business District, Section 31-
144(c) of the City Code; and
WHEREAS, the City Commission desires to clarify the exemption for dining rooms and
restaurants from the distance and spacing requirements of Chapter 4 of the City Code; and
WHEREAS, the City Commission desires to provide for consistency of Section 31-234,
Outdoor Lighting Standards, with the provisions of the Miami-Dade County Code of
Ordinances; and
WHEREAS, the City Commission desires to provide for consistency of Section 31-221,
Landscaping Requirements, with the provision of the Miami-Dade County Code of Ordinances
and to increase the minimum size of trees consistent with other municipalities; and
WHEREAS, the City Commission has been designated as the Local Planning Agency
for the City pursuant to Section 163.3174, Florida Statutes; and
Ordinance No. 2014-
Page 2
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. Section 31-144(c) "Community Business (B2)
District" of Article VII. "Use Regulations" of Chapter 31, "Land Development Regulations" is
hereby amended to read as follows:
c) Community Business (82) 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.
(5) Site development standards.
a. Floor area ratio and lot coverage and minimum landscaped open space requirements:
2. The floor area ratio shall be 0.40 at one story and shall be increased by 0.11 for
each additional story. Structure parking shall not count as part of the floor area, but shall be
counted in computing building height. The total lot coverage permitted for all buildings on the
site shall not exceed 40 percent of the total lot area, except as provided in Subsection 4. below.
The floor area ratio shall not exceed 2.0 for all buildings in this district in conformance with the
comprehensive plan.
3. For shopping center buildings with more than 1,000,000 square feet of gross
leasable area that provide public amenities including, but not limited to, public plazas, fountains
'Underlined provisions constitute proposed additions to existing text; stricken etgh provisions indicate proposed deletions
from existing text.
Ordinance No. 2014-
Page 3
or other water features, seating areas and recreational walking areas and that do not exceed
five stories in height, the minimum landscaped open space shall be 15 percent of the total lot
area. Said open space shall be extensively landscaped with grass, trees and shrubbery in
accordance with a landscape plan to be approved by the City Manager. The non-leasable areas
within enclosed or non-enclosed malls which are landscaped with grass, trees and/or
shrubbery, water areas therein, and areas therein with permanent art display areas may be
used as part of the required landscaped open space provided such areas do not exceed ten
percent of the required landscaped open space.
4. For parcels that include one or more shopping center buildings, the maximum lot
coverage shall not exceed 45% of the total lot area, provided that such shopping center
buildings contain more than 1,000,000 square feet of gross leasable area and do not exceed
five stories in height and that the shopping center building provides a centralized multi-modal
transportation facility which is enclosed within a parking structure, and which may be used by:
City transit providers, County transit providers, any other governmental entities requesting use
of the facility and private transit providers.
b. Maximum height: 12 stories or 120 feet overall maximum height, including structure
parking, provided that a height limitation of five (5) stories shall apply only for shopping center
buildings which are subiect to Subsection (5)(a)(4) above. That portion of the building or
structure within 200 feet of any residential zone shall be subject to a height limitation of one foot
for every two feet in distance from the residential zoned plot unless the application of this
requirement would limit the building height to a minimum of 25 feet.
Section 3. City Code Amended. Section 31-144(c) "Community Business (B2)
District" of Article Vll. "Use Regulations" of Chapter 31, "Land Development Regulations" is
hereby amended to read as follows:
Section 31-144(c). Community Business (B2) District.
c) Community Business (82) 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:
t. Pet shops operated in compliance with Section 1-17 of the City Code and dog beauty parlors in air-
conditioned buildings.
Ordinance No. 2014-
Page 4
Section 4. City Code Amended. Chapter 4 "Alcoholic Beverages", Part II of the City
Code of Ordinances, is hereby amended to read as follows:
Chapter 4 Alcoholic Beverages
Sec. 4-2. Location of establishments.
(a) Distance from other establishments. Unless approved as a conditional use, no premises
shall be used for the sale of any alcoholic beverages, as defined herein, to be consumed on or
off the premises where the structure or place of business intended for such use is located less
than 1,500 feet from a place of business having an existing, unabandoned, legally established
(and not one of the uses excepted from the spacing requirements hereinafter provided)
alcoholic beverage use which permits consumption on or off the premises. The 1,500 feet
distance requirements shall be measured by following a straight line from the nearest portion of
the structure of the place of business.
(b) Distance from religious facility or school. Unless approved as a conditional use, no
premises shall be used for the sale of alcoholic beverages to be consumed on or off the
premises where the structure or place of business intended for such use is located less than
2,500 feet from a religious facility or school. The 2,500-foot distance requirement shall be
measured and computed as follows:
(1) From a religious facility, the distance shall be measured by following a straight line
from the front door of the proposed place of business to the nearest point of the religious
facility grounds, and
(2) From a school, the distance shall be measured by following a straight line from the
front door of the proposed place of business to the nearest point of the school grounds.
(e) Exceptions to spacing and distance requirements. The restrictions and spacing
requirements set forth in subsections (a) and (b) above shall not apply:
(2) Restaurants in B1, and B2, TC1, TC2 and TC3 Zoning Districts. To dining rooms or
restaurants located in the B1 . and B2, TC1, TC2 and TC3 Zoning Districts and which do
not comply with subparagraph (3) below, but which comply with the requirements of such
districts and serve cooked, full course meals, daily prepared on the premises, or such
other dining rooms or restaurants in other more liberal zoning districts complying with the
requirements of the B1, and B2, TC1, TC2 and TC3 Districts and which serve cooked,
full course meals, daily prepared on the premises, providing that only a service bar is
used and alcoholic beverages are sold only to persons seated at tables. This exemption
does not include cafes and/or kiosks that serve light meals, snacks and/or hot and cold
beverages.
Ordinance No. 2014-
Page 5
Section 5. City Code Amended. Section 31-234 "Outdoor Lighting Standards" of
Article XI. "Development Standard of General Applicability" of Chapter 31 "Land Development
Regulations" of the Code of Ordinances is hereby amended to read as follows:
Section 31-234. Outdoor lighting standards.
(a) General. No structure or land shall be developed, used or occupied unless all outdoor lighting
conforms to the requirements of this section. The terms used in this section shall have the definition
use by the Illuminating Engineers Society. Open parking lots, alleys and access thereto shall be
illuminated as set forth below. For purposes of this section, alley is defined as a narrow vehicular
thoroughfare up to twenty-five (25) feet in width upon which service entrances or buildings abut and
not generally used as a thoroughfare for general traffic; provided, however, alleys shall not include
public rights-of-way. Lighting shall be designed and placed to illuminate the ground, a vehicular use
area, a building, a street, or a sign. All lighting shall be concentrated on the ground, building, street,
or sign it is intended to illuminate. Lighting which is designed to illuminate the building roof area,
except for safety reasons as determined by the Community Development Director, shall be
prohibited.
(b) Preparation of site lighting plan. A plan which shows the photometrics of the site's lighting for
vehicular use areas and alleys and access thereto, outside building areas, signs and streets shall be
prepared by a registered professional engineer. The plan shall incorporate all existing and proposed
sources of artificial light used on the site, including adjoining outparcels. The lighting plan shall be
submitted with the final building plans, prepared at the same scale. The plan must indicate and be
certified for compliance with the standards of this section.
(c) Minimum and Maximum illumination. All •• . • - •' , -_ ::'• . .-- - - •e _ -- buildings shall
illuminate parking lots and access thereto and all pedestrian areas to a minimum maintained
average of 1.0 footcandle from dusk to dawn and a uniformity ratio not to exceed a maximum to
minimum ratio of 12 to 1 footcandles., • • •_ _ - • - • - - •- - -. .. . - provided
that the lighting level may be reduced by fifty percent(50%) on non-business days and commencing
thirty (30) minutes after the termination of each operating day. The area immediately outside of
exterior doors shall have security illumination and shall be activated during the dark period of every
day.
Parking and nonenclosed areas under or within buildings at grade shall be provided with a
maintained minimum of 1 foot candle of light on the parking and walking surfaces from dusk to
dawn.
Alleys shall be provided with a maintained minimum of 1/3 foot candle on the alley surface from
dusk to dawn.
(d) All lighting for parking areas, buildings and signs shall be located,
screened, or shielded so that adjacent property, structures, and rights-of-way are not directly
illuminated. All lighting for parking areas, buildings and signs shall either be shaded or screened in a
manner that will limit spillover of lighting onto adjacent property and public rights-of-way. Spillover
Ordinance No. 2014-
Page 6
shall not exceed 0.5 footcandles measured vertically along the property line at the perimeter of the
property.
(e) Lighting height standards. All private outdoor lighting shall be designed, located and mounted at
heights no greater than:
(1) 12 feet above grade for non-cut-off type luminaries, and
(2) 30 feet above grade for cut-off type luminaries.
(f) Exceptions. . .-. . - - -- •- -- - •• - e. - • -- -. - - e - • -•standards. The provisions of this section shall not apply to governmental facilities not generally
open to the public, and shall apply to those governmental facilities that are generally open to the
public only during the dusk-to-dawn hours such facilities are open.
(g) Street lighting. A street lighting system shall be provided in all land development projects with
public or private streets. All street lighting shall be installed according to standards established by
the City or County.
Section 6. City Code Amended. Section 31-221 "Landscaping Requirements" of
Article X., Landscaping Requirements, of Chapter 31 "Land Development Regulations" is
hereby amended as follows:
ARTICLE X. LANDSCAPING REQUIREMENTS
Sec. 31-221. Landscaping requirements.
(a)Intent and purpose. The purpose and intent of this article is to provide regulation for the
installation and maintenance of landscaping and landscaped open space. Trees and plants are integral
and vital parts of the earth's ecosystem: they conserve energy; they provide essential and desirable
benefits to man, including the production of life supporting oxygen, the reduction of carbon dioxide, the
filtering of dust and gaseous pollutants; they serve as a natural abatement to noise pollution; they
camouflage unsightly views; they provide shelter to birds and wildlife; they enhance the value of
property; they preserve open space; and they maintain and improve the aesthetic quality of the City of
Aventura, thereby promoting the health and general welfare of its citizenry. In addition, it is the policy of
the City Commission that every effort shall be made to preserve and maintain viable vegetation within
the City of Aventura. The City encourages the Florida Yards and Neighborhoods Program "Florida-
Friendly" Landscaping principles of (1) choosing low-maintenance plants that are able to tolerate short
periods without rainfall that have few pest and disease problems and (2) planting the right tree or plant
in the right place to avoid problems such as clogged sewers, cracked sidewalks and power service
interruptions.
Ordinance No. 2014-
Page 7
(d) Definitions. The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this subsection, except where the context clearly indicates a
different meaning:
ANSI A300 Standards: Industry-developed standards of practice for tree care. Acronym for
American National Standards Institute.
Clear Wood: A measurement from the soil line to the highest point on the trunk free of
persistent leaf bases. On palms with a crownshaft, the measure will be from the soil line to the
base of the crownshaft.
Clearance pruning: Pruning required to avoid damage or danger related to structures, power
distribution and property, as defined in the current ANSI A300 Standards.
Controlled Plant Species: Pruning required to avoid damage or danger related to structures,
power distribution and property, as defined in the current ANSI A300 Standards.
Diameter at breast height ("DBH") shall mean the diameter of a tree's trunk measured at a
height four and one-half (4.5) feet above natural grade. In the case of multiple-trunk trees, the
DBH shall mean the sum of each trunk's diameter measured at a height of four and one-half (4.5)
feet above natural grade.
Emitters: Devices which are used to control the discharge of irrigation water from lateral pipes.
Florida Friendly Landscaping: Practices, materials or actions developed by the Florida Yards
and Neighborhood Program that help to preserve Florida's natural resources and protect the
environment.
Florida Yards and Neighborhood Program: Is a partnership of the University of Florida/Institute
of Food and Agricultural Sciences, Florida's water management districts, the Florida Department
of Environmental Protection, the National Estuary Program, the Florida Sea Grant College
Program and other agencies, managed locally by the Miami-Dade Cooperative Extension Division
of the Consumer Services Department.
- - -- -- - -- - - - - -- •• - • - - - - - - _ -- - - •- - . except
Ground cover: Plant material which is a dense, extensive growth of low-growing plants, other
than turfgrass, normally reaching a maximum height of not more than 24 inches at maturity.
Hatracking: To flat cut the top of a tree, severing the leader or leaders; or pruning a tree by
stubbing off mature wood larger than three inches in diameter; or reducing the tree's living canopy
by more than one-third except where removal of branches is necessary to protect property and
public safety. -- - - - --_ _ - - -• - - --- - - - - - - _ . . - - _ - -
Ordinance No. 2014-
Page 8
Heat island: An unnaturally high temperature microclimaie resulting from radiation from
unshaded impervious surfaces.
Hydrozone: A zone in which plant material with similar water needs are grouped together.
Irrigation detail: A graphic representation depictingthe materials to be used and dimensions to
be met in the installation of the irrigation system.
Irrigation plan: A plan drawn at the same scale as the landscape plan indicating location and
specification of irrigation system components and other relevant information as required by this
chapter.
Irrigation system: A system of pipes or other conduits designed to transport and distribute water
to keep plants in a healthy and vigorous condition.
Landscape feature: Trellis, arbor, fountain, pond, garden sculpture, garden lighting, decking,
patio, decorative paving, gazebo, and other similar elements.
Landscaping material: Any of the following or combination thereof such as, but not limited to:
Grass, ground cover, shrubs, vines, hedges, and trees, Of palms and non-living material such as
rocks, pebbles, sand, mulch, or pervious decorative paving materials.
Landscape Manual: The Miami-Dade County Landscape Manual adopted under Chapter 18A of
the Code of Miami-Dade County, which is to be used as a guide with this section.
Landscape plan: A plan indicating all landscape areas, stormwater retention/detention areas,
areas which qualify to be excluded from maximum permitted lawn area, existing vegetation to be
retained, proposed plant material, landscape legend, landscape features, planting specifications,
all landscape calculations, the size and zoning of the subject parcel, the length of all abutting and
interior roadways, a north arrow, the scale of the plan, the percentage of native species for all
trees and shrubs, graphic depictions of the minimum standards for planting and bracing for all
trees, palms, and shrubs, view triangles where required, and all other relevant information as
required by this article.
Planting detail: A graphic representation of the plant installation depicting the materials to be
used and dimensions to be met in the placement of plants and other landscape materials.
Prohibited plant species: Those plants listed in the Miami-Dade County Landscape Manual
which are demonstrably detrimental to native plants, native wildlife, ecosystems or human health,
safety, and welfare, - -- - -- - -- -- - -e - - -- - - '- - . -e - -- - - - - - - --
di rector.
Ordinance No. 2014-
Page 9
Specimen tree: A tree with any individual trunk which has a DBH of eighteen (18) inches or
greater, but not including the following:
(1) All trees listed in Section 24-49(4)(f) of the Code of Miami-Dade County;
(2) Non-native fruit trees that are cultivated or grown for the specific purpose of producing edible
fruit, including, but not limited to, mangos, avocados, or species of citrus;
(3) Non-native species of the genus Ficus, and
(4) All multi-trunk trees in the palm family, except Acoelorrhaphe wrightii and Phoenix reclinata
which have a minimum overall height of fifteen (15) feet.
Vegetation survey: A drawing provided at the same scale as the landscape plan which includes
relevant information as required by this article.
(e) Landscape plan required. Prior to the issuance of a building permit or site plan approval, a
landscape plan shall be submitted to and approved by the Director of the Community Development
Department.
All landscape plans must be signed and sealed by a State of Florida Registered Landscape
Architect. -- - -- -- - - •- -- - - - - - -- - - - - - " — ,, e". • _ •• --
-_ -' 'e - -e e e •- -- - - . - - . The use of Florida-Friendly Landscape
principles in the development of this plan is strongly encouraged. No building permit or site plan
approval shall be issued unless such landscape plan complies with the provisions herein.
Landscape plans shall be provided as part of the submission for site plan approval and shall:
(1) Be drawn to scale not less than 1"=20' and include property boundaries, north arrow,
graphic scale, and date.
(2) Include a vegetation survey, including an aerial photograph which outlines the subject
site, provided at the same scale as the landscape plan.
(3) Delineate existing and proposed structures, parking spaces, accessways and other
vehicular use areas, sidewalks, utilities, easements, height and voltage of power lines on
the property or adjacent property.
(4) Indicate the common and scientific name and quantity of plants to be installed using
"Landscape Legend" code format as prescribed by the Director of Community
Development.
Ordinance No. 2014-
Page 10
(5) Identify all landscape features and non-living landscape materials.
(6) Show all areas of vegetation required to be preserved by law, including but not limited to
trees, specimen trees, native plant species, Natural Forest Communities, native habitats
and wetlands.
(7) Illustrate any geologic, historic and archeological features to be preserved.
(8) Depict stormwater retention/detention areas and areas excluded from maximum permitted
lawn area.
(9) Document zoning district, net lot area, required open space, and maximum permitted
lawn area.
(10)Complete "Owner's or Preparer's Certification of Landscape Compliance at Time of
Landscape Plan Submittal" in form approved by the City Manager.
Landscape plans submitted for permit shall include all of the above, as well as the following:
(1) A fully completed, permanently affixed "Landscape Legend" as prescribed by the Director
of Community Services.
(2) Critical layout dimensions for trees, plant beds and landscape features.
(3) Method(s) to protect and relocate trees and native plant communities during construction.
(4) Planting details and specifications.
(5) Irrigation plans, as required by the zoning district.
(6) Irrigation details and specifications, as required above.
Prior to the issuance of final landscape approval for any building permit issued by the City,an Owner's,
or a Professional Preparer's Certificate of Landscape Compliance for Final Inspection, in form
approved by the City Manager, shall be submitted at the time that the final inspection is requested.
(t) Vegetation survey required. A vegetation survey shall be provided for all sites at the same scale as
the landscape plan. The vegetation survey shall be accompanied by an aerial photograph which
outlines the subject site without obscuring its features. The vegetation survey shall provide the
following information:
(1) The accurate location and graphic representation, in relation to existing development, of all
existing trees of a minimum two-inch DBH or ten-foot height or, for native trees, of a minimum
one and one-half (11/2) DBH or eight-foot height, including those which are proposed to be
removed, relocated or preserved on site in accordance with the requirements of this Code.
(2) A table showing the following information:
(a) The scientific and common name of each tree, each of which shall be numbered.
(b) The diameter at breast height of each tree, or if a multiple trunk tree, the sum DBH for all
trunks.
Ordinance No. 2014-
Page 11
(c) An estimate of the height, canopy cover, and physical condition of each tree, and whether
specimen tree(s) exist on site.
(q) Landscape Plan Review: Landscape plans shall be reviewed in accordance with the following
goals, objectives and the guidelines:
(1) Landscape design shall enhance architectural features; relate structure design to the site;
visually screen dissimilar uses and unsightly views; reduce noise, glare and heat gain from
paved areas, major roadways and incompatible uses; strengthen important vistas and
reinforce neighboring site design and architecture.
(2) Existing specimen trees, native vegetation (including canopy, understory, and ground cover)
shall be preserved to the maximum extent possible and all requirements of Section 24-49 of
the Code of Miami-Dade County shall be met.
(3) In order to conserve water, reduce maintenance, and promote plant health, plant species shall
be selected and installed based on their water needs, growth rate and size, and resource
inputs. Plants with similar water needs shall be grouped in hydrozones. Adequate growth
area, including rooting space, based on natural mature shape and size shall be provided for
all plant materials.
(4) The plan shall include the use of native plant species in order to reestablish an aesthetic
regional quality and take advantage of the unique diversity and adaptability of native species
to the environmental conditions of South Florida. Where feasible, the re-establishment of
native habitats shall be incorporated into the landscape plan.
(5) Trees and shrubs shall be planted in such a way as to reduce energy consumption by shading
buildings and shall be used to reduce heat island effects by shading paved surfaces.
(6) Street trees shall be used to shade roadways and provide visual order. Where feasible,
selected species shall be used to establish a road hierarchy by defining different road types.
(7) Special attention shall be given to the use of appropriate species located under, or adjacent to
overhead power lines, and near native plant communities and near underground utility lines.
Adequate growth area shall be provided for all plant materials.
(9) Landscaping shall be designed in such a way as to provide safe and unobstructed views at
intersections of roadways, driveways, recreational paths and sidewalks in accordance with this
article.
{f)fill Minimum landscape requirements for all zoning districts.
(1) Tree specifications.
a. Required trees shall be of a species which normally grow to a minimum height of 25 feet
and have a mature crown spread of not less than 20 feet with trunks which can be
maintained with over six feet of clear wood. Emphasis is given to the use of native
species.
b. All required trees shall have a minimum caliper or diameter at breast height (D.B.H) of
three inches and be a minimum of 1-2 14 feet in height at time of planting. The minimum
tree canopy shall be 7', centered on the trunk. A - - - - - - -- -• - -- •
-
Ordinance No. 2014-
Page 12
c. Required palms shall be field grown and have a minimum of 16 feet in overall height with
a minimum of 6 feet of clear wood. - •• -• - ' -- '- --.: • -- . - - -
- - - .
weed.
d. Adiacent to any street right-of-way, a single trunk palm species with a minimum 10 inches
DBH and a minimum of 8 feet of clear wood is required. Queen palms (Syagrus
romanzoffiana) shall not be allowed as street trees.
d-e. No more than 40 thirty (30%) percent of all required gray wood trees shall be of a palm
species, as determined by the Director or Designee.
e-f. Three palm trees shall be clustered to equal one required tree: The three palm trees in
the cluster shall be of differing heights, with a minimum three-foot stagger between
adjacent palms, but, in no case smaller than 14 16 feet in height. Roystonea sp. (Royal
Palm) and Phoenix sp. (Date Palm) may have matching heights. Such clustering shall be
determined by Director or Designee.
It is prohibited to paint the trunks of trees or palms.
h. Prohibited and controlled tree species shall not be counted toward fulfilling minimum tree
requirements. Prohibited trees shall be removed from the site.
i. Of the required trees at least thirty (30%1 percent shall be native species and fifty (50)
percent shall be low maintenance and drought tolerant.
j. Eighty (80%) percent of the trees shall be listed in the Miami-Dade Landscape Manual,
the Miami-Dade Street Tree Master Plan and/or the University of Florida's Low-
Maintenance Landscape Plants for South Florida.
k. Consideration shall be given to the selection of trees, plants and planting site to avoid
serious problems such as clogged sewers, cracked sidewalks, and power service
interruptions.
(2) Other plant material specifications.
a. Shrubs and hedges: Shall be of a self-supporting, woody, evergreen species and shall be
a minimum of two feet in height at time of planting. Hedges shall be planted and
maintained so as to form a continuous, solid visual screen, of not less than three feet in
height, within one year of planting. Spacing of plants shall be no more than 24 inches on
center. Double staggered rows may be required in some areas as determined by Director
or Designee. Of the provided shrubs at least:
(a) Thirty (30%) percent shall be native species; and
(b) Fifty (50%) percent shall be low maintenance and drought tolerant; and
(c) Eighty (80%) percent shall be listed in the Miami-Dade Landscape Manual, the
Miami-Dade Street Tree Master Plan and/or the University of Florida's Low-
Maintenance Landscape Plants for South Florida.
b. Ground covers: May be used in lieu of grass. Ground covers shall present a finished
appearance and reasonably complete coverage at time of planting.
Ordinance No. 2014-
Page 13
c. Lawn grass: Shall be St. Augustine 'Floratam' solid sod, or other lawn type species well
adapted to localized growing conditions, as approved by the Director, reasonably free of
insects and noxious weeds. Lawn shall be solid sodded for immediate effect.
d. Quality: Plant material shall comply with required inspections, grading standards and plant
regulations as set forth by the Florida Department of Agriculture and Consumer Service's
most current edition of "Grades and Standards of Nursery Plants, Part I & II",latest
with superseding standards called for in these specifications. Plants shall conform to
Florida No. 1 or better regarding:
1. Shape and form.
2. Health and vitality.
3. Condition of foliage.
4. Root system.
5. Free from pest and mechanical damaged.
6. Heavily branched and with dense foliage.
7. Trees installed pursuant to this Section shall have (1) primary vertical trunk and
secondary branches free of included bark up to a height of six (6) feet above natural
grade.
(3) Installation.
c. Existing plant credit: In instances where healthy plant material exists on-site (particularly
native or xeri-ssape Florida-friendly species), the Director or Designee may adjust the
requirements of this article to allow credit for such plant material, if, in his or her opinion,
such an adjustment is in keeping with and will preserve the intent of this article.
(4) Irrigation.
All newly landscaped areas shall be provided with a fully automatic undergro und
irrigation system that provides 100 percent coverage to all landscaped areas. The—irrigation
a. Irrigation systems shall be designed, operated and maintained to:
1. Meet the needs of all the plants in the landscape.
2. Consider soil, slope and other site characteristics in order to minimize water waste,
including overspray or overflow on to impervious surfaces and other non-vegetated
areas, and off-site runoff.
Ordinance No. 2014-
Page 14
3. Minimize free flow conditions in case of damage or other mechanical failure.
4. Use low trajectory spray heads, and/or low volume water distributing or application
devices.
5. Maximize uniformity, considering factors such as:
(1) Emitters types,
(2) Head spacing,
(3) Sprinkler pattern, and
(4) Water pressure at the emitter.
6. Use the lowest quality water feasible.
7. Rain switches and other devices, such as soil moisture sensors, shall be used with
automatic controls.
8. Where feasible, drip irrigation or micro-sprinklers shall be used.
9. During dry periods, irrigation application rates of between one (1) and one and one-
half (11/2) inches per week are recommended for turf areas.
a. 10. The operation of an irrigation system during periods of heavy rainfall is prohibited
and shall conform to standards and regulations as established by the South Florida
Water Management District. - - _ -e' _ -
functioning moisture or rain sensor shut-off device shall be required on all irrigation
systems equipped with automatic controls. The device shall not be installed under the
eaves of houses, buildings or other obstructions, nor in the path of the irrigation
system.
(g)f Maintenance.
(4) Pruning. Trees shall be pruned in the following manner:
a. All cuts shall be clean, flush and at functions, laterals or crotches. All cuts shall be made
as close as possible to the trunk or parent limb, without cutting into the branch collar or
leaving a protruding stub.
b. Removal of dead wood, crossing branches, weak or insignificant branches, and sucker
shall be accomplished simultaneously with any reduction in crown.
c. Cutting of lateral branches that results in the removal of more than one-third (1/3) of all
branches on one (1) side of a tree shall only be allowed if required for hazard reduction or
clearance pruning.
d. Lifting of branches or tree thinning shall be designed to distribute over half of the tree mass
in the lower two-thirds (2/3) of the tree.
Ordinance No. 2014-
Page 15
e. No more than one-third (1/3) of a tree's living canopy shall be removed within a one (1) year period.
f. Trees shall be pruned according to the current ANSI A300 Standards and the Landscape Manual.
{4}(51Edging. Edging shall be accomplished in such a manner so as not to destroy landscaping
material.
{5-}Fertilization. Fertilize landscaping material, as needed, to maintain healthy, viable growth.
Apply appropriate fertilizer to avoid symptoms of chlorosis and trace element deficiency. Use
of environmentally safe fertilizer is required. Application of fertilizer must conform to
manufacturers specifications.
(IV Tree removal permit. No existing tree on the site having a trunk diameter of three inches or
greater, or trees with an overall height of twelve feet and greater, except--fer Schinus
-- _ -- - - shall net be removed or
relocated without a permit from the Community Development Department of the City. In evaluating
whether to grant a tree removal permit, the Director or Designee shall consider the size, species
(native or not), health, rareness and age of the tree. A tree survey identifying all existing trees over
three inches in diameter or trees with an overall height of twelve feet and greater shall be included
with any building permit application. This survey drawing shall be overlaid directly upon the site
plan sufficiently to provide the accurate location of all existing trees which are proposed to be
destroyed, relocated, or preserved, the identification number of each tree, botanical name and
common name of each tree, and-the diameter at breast height (DBH) of each tree, height and
canopy spread of each tree, condition and disposition of each tree. In addition, all applicable
portions of Section 24-49 of the Code of Miami-Dade County are
adopted herein. Applicability of the Miami-Dade County Ordinance shall be as determined by the
Director or Designee.
Excepted from this Section are the tree species listed in Section 24-49(4)(f) of the Code of Miami-
Dade County.
(2) Relocation standards. Trees that are to be relocated shall be consistent with the Tree
Relocation Standards as set forth in Section 24-49.6 of the Code of Miami-Dade County and
the following minimum standards:
(i Minimum design standards. The following shall apply to all developments requiring site plan or
permit approval except for single and two-family dwellings:
(5) Clear sight triangles.
a. When an accessway intersects a public street or alley right-of-way, or another
accessway, or when the vehicular use area is contiguous to the intersection of two or
more public rights-of-way, all landscaping within the triangular areas created by such
Ordinance No. 2014-
Page 16
intersections and defined below shall provide unobstructed vision clearance at an
elevation of 30— 2.5 feet to eight feet in height. Vision clearance requirements shall
comply with American Association of State Highway & Transportation Officials
(AASHTO).
b. Trees having over six feet of clear trunk with limbs and foliage trimmed in such a manner
as not to extend into the vision clearance area shall be permitted, provided they in no way
create a traffic hazard. No landscaping elements, except for grass, ground cover, or
hedges no greater than 2.5 feet shall be located nearer than five ten feet to any
accessway intersection of a public road.
Section 7. 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 8. 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 9. Effective Date. This Ordinance shall be effective immediately upon adoption
on second reading.
Ordinance No. 2014-
Page 17
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 Enbar Cohen
Commissioner Teri Holzberg
Commissioner Michael Stern
Commissioner Howard Weinberg
Commissioner Luz Urbaez Weinberg
Vice Mayor Billy Joel
—
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 Enbar Cohen
Commissioner Teri Holzberg
Commissioner Michael Stern
Commissioner Howard Weinberg
Commissioner Luz Urbaez Weinberg
Vice Mayor Billy Joel
Mayor Susan Gottlieb
PASSED on first reading this 2nd day of September, 2014.
Ordinance No. 2014-
Page 18
PASSED AND ADOPTED on second reading this 7th day of October, 2014.
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 October, 2014.
CITY CLERK
4A 1 FRIDAY,AUGUST 15,2014 -It MiamiHerald.com I MIAMI HERALD
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COURTS HAITI
Suspect says he was suicidal Dominican Rep. helps
•ASURAR,FROM IA met with Aguilar,R,to talk pesticides and Gatorade,
because his problems had chugged it and promptly in capture of fugitive
Prosecutors contend that been mounting he had felt vomsted."I took first as a sign
Bram1.1 plotted to hum or helpless and he had been from God"
kill Aguilar soon after they considering suicide.It had The prosecution main-
al had moved to G iuesnlle not been the first time Bravo tams that later that evening •PRISON,FROM IA name is Clifford Brandt''' months ire pretrial deteo-
to start college,presenting a said,testifying that be had Bmvobegancoveriegupevb Haiti's Prime Minister non inside the overcrowd-
catalog of evidence during been having dark thoughts dente including disposing rounds early Tuesday at the Laurent Lamothe has con- ed jail
the trial But for more than since middle school and had Agular's phone and hiding Savane Bombe market, gratulated Marcellus,a This week, Lamothe
two hours on Thursday— attempted suicide 10 to 12 the shovel under a wood I spreading the word to shop l9-year-veteran of the po- called for Haiti's prisons to
the day before dosing angst- times.At that time,he had walkway in his apartment pert and merchants about lice force,on a job well- be reinforced with cameras
meets—Bravo methodical- been struggling with a dif- complex.He placed his own Sunday's prison break done while aclmowledging and for every detainee to be
ly,sometimes tersely,denied coktransition fromMnmito cellphone on airplane node, when residents told him of that cooperation over the fashioned with an electron-
the allegations or offered al- Gainesville along with the and et some point doling the several suspicious-looking arrest signals anew chapter is bracelet He has also
tenative theories of the evi- previous breakup with Fri- night washed the clothes he men who had recently in the relationship between rolled fora deepening ofthe
dente,including multiple man,whomAgulaewavmw was wearing,prosecutors passed through the area Haiti and the Dominican investigation into the pri-
dixvasions of his own sari- dating say.He testified that he had He quickly dialed several Republic son escape and the submit-
ddaltendenen. "Chris was someone l beenworrid that hisparents informants to ask whether "A lot of people doubted sion of a daily report on the
Talking about a letter de- could open up to,"said Bra- were driving up from Miami they had seen strangers that we would arrive at this arrest of escapees.
tailing Agular's Idling and a vo,later adding"Basicaly,l He didn't want them to see lurking around the rugged, result that we have today," "This escape has hit all of
plot to blame a"serial killer," feel like a failure.Every- vomit-stained clothes. j barrenfrontiec Lamothe said about Berndt, us,"he said,appealing to
Bravo admowledgd that it thing is a mess.I feel like I Before now,Bravo's ver- I "They told me they saw who was flown back to Haitians for support and
had been written by him But am breaking apart,piece by lion of what happened that l three suspicious individu- Port-au-Prince."We knew understanding"We will all
he said that it had been die- piece." evening was limited to his ails,"he told the Miami Her- the results would be posi- put our hands together,put
toted by a fellow cellmate The talk that had been hours-long taped interview ! aid."I asked them to de- five.But we are not yet sat- our determination together
NOLO had been bullying him meant to quell Bravo's sari- with police,shown to the ju- scribe them.They said, isfied.We will be satisfied to get everyone who
And the short-handled tidal thoughts had turned in- ry earlier this week His ram- 'One was light-skinned and when we have re-caught ev- escaped."
shovel that the prosecution to a physialfighrt Bono few bingexplanation,oftenchal- the others wereblack'Itold cry escapee." Esperance said while he
believes was used to bury tilled that he had rust leaped by police detectives, them to follow them to see The attest of Brandt,the welcomes the govern-
Agnilari body?Bravo said punched Aguilar in the face changed throughout,but one where they are going Final- best-known fugitive from men's determination,an
that it had been intended for withhisleft fist while driving thing was clear He had been ly,they reported back they Sundays prison break,has example needs to be set to
digging his owngrave during —after Aguilar had told Bo- obsessed with Primas,at one were headed in the direr- provided a glimmer of hope prevent a repeat of Sundays
a suicide attempt,and also as vo to trill himself Thor,after point writing her a"manif- tion of the Dominican Re- amid an embarrassing epi- episode.
a tool for an art project- stopping in a parking lot, to"of love.She had repeated- public." code for Haiti s govern- "Over the years,you al-
The full tank of gas that they both jumped out Bravo ly refused his attempts at Still unaware of who the meet.But confusion and ways have prison guards
the state suggests Bravo had said that he had pushed reconciliation. men were, Marcellus questions over the prison who from time to time oTga-
purchased after an alterca- Aguilar,swept him off his Jurors also will consider warned another informant break remain as hundreds nine escapes,but sanctions
Lion with Aguilar so he feet and struck him in the testimony presented by Pm- onthe Dominican side tobe of other criminals,includ- are never taken against
could drive outside city face severaltimes.He raid he vo'sAlachua Countyjalcell- on the look out,and to ask ing possible Colombian them," Esperance said.
limits todump the body had hdlefAgularwith his nose mate Michael Angelo,who Dominican soldiers to de- drug traffickers,remain at "They arenever judged.Re-
been meant for driving far bleeding and lying on the as- said on Wednesday that Bra- lain the men. large and the public still has inforcing the security moo-
away to kill bimselbe,aid, phalt in the rain,a decision vo had told him he had Brandt and his traveling no idea who they are,or sure is fine but what needs
And Aguilai s backpack he says he now regrets. planned three different ways companions were arrested what they look like. to be done today,what is
that had been found hidden "He didn't get up right to lull Aguilar,but ultimately by a Dominican Army pa- "We are focusing on important,is that sanctions
in Bravo's apartment closet? away,but he was moving"he went with his first choice trol assigned to the Cacique Brandt,but there are others, have to be applied against
"I didn't want my parents to said.He later said he had not Angelo said Bravo had Enriquilo post at around dangerous criminals,drug all the prison guards who
see I had someone else's intended to hurt or kill Agui- killed Aguilar by strangling 11:30 a.m.Tuesday.But it traffickers who also escap- were volved. Justice
stuff"he said. lac"Ifl hdlmown bow bad- him with a strap while would be hours before they ed,'said Pierre Esperance, needs to do its job."
In his testimony—at ly I hurt Chris,I would have watching his SW's clock or even Marcellus realized the head of Haiti's National Esperance said his group
times conversational and called the police" tick for 13 minutes.Angelo exactly who it was they had Network for the Defense of believes the prison break
laced with nervous laughter After the fight,Bravo said said that the crime had hap- in custody. Human Rights(RNNDH). was an inside job and that
m
—Bo told jurors about a he had planned to go through pened in a Weimatt parking Arriving at the border And while some,Orchid- Brandt left the facility with
meer:rw that had gone horn- with the suicide.He bad lot as the two had talked.At post with a justice of the ing Haiti's police,believe at least a dozen other pets-
bly wrong with Aguilar. writtenamte,which he read some point,Bravo choked peace,two otherpoliceofr- the goal of the prison break oners about an hour-and-a-
Aguilar,Pitman and Bravo to the jury.It said,in part,"I Agular from the buck seat of cers and the prisoner he was to free Brandt,his di- halfbefore the mayhem that
had all attended Dotal Pre- don't want robe forgiven.I his S[1V,according to Anger- had pickdup that morning sheveled appearance and allowed hundreds of other
panmry Academy SehooL just want to stop hurting" lo,who agreed to testify for a Marcellus got out of his ve- the manner in which he was prisoners to escape hap-
On the afternoon of Sept Bravo said he had concocted deal He is in jail on gang and hide,stepped into the hold- captured have raised ques- pened.
20,2012,Bravo said he had a mixture of acetaminophen, gun-related charges. i ing cell and asked the men lions about whether be was "What we at RNNDH
to identify themselves. the real mastermind,or know is that in the moment
"He didn't hesitate,"said simply took advantage ofan that Brandt was leaving the
svNCHBOUr BANK Maroelus,49."He said,'My opportunity to run after 22 prison,there was no fight."
optimizer+plus' and Branddtaadoor
CITY OF AVENTURA dozen other people walked
A' NOTICE OF HEARING OF LOCAL out"
€P I. PLANNING AGENCY AND NOTICE Details of the incident are
OF AMENDMENT TO THE CITY as murky as Braudts life on
.4. OF CODE OF ORDINANCES the run.
Help your savings Apoldthe Herald drat Public Notice is hereby given that the Aventura City was onlldtheHenl chant
plan reach Commission,sitting as the City of Aventura Local was only after shots were
Planning Agency will meet in a public hearing on heard that officers at the
Tuesday,September 2,2014 at 6.'00 p.m-to consider nearby Croiodes-Bouquets
new heights• a motion recommending adoption of the following police station realized
Ordinance: something was wrong.It
AN ORDINANCE OF THE CITY OF AVENTURA, was the officers,he said,
FLORIDA,AMENDING THE CODE OF ORDINANCES who stopped many more of
No matter which product you choose, BY AMENDING SECTION 31-144(C),COMMUNITY the 899 prisoners from
you'll enjoy a neat rate tars the BUSINESS DISTRICT, SUBSECTION e)(6)b. TO escaping,
v l y g P PROVIDE FOR INTERNAL CONSISTENCY AND a"Guns were distributed
safety of FDIC insurance 2 CROSS-REFERENCE RELATED TO HEIGHT OF inside the prison;who d s-
SHOPPINO CENTER BUILDINGS; AMENDING tributed we don't Imaw but
SECTION 31-144(C), COMMUNITY BUSINESS they were not from the
DISTRICT,SUBSECTION c)(tp.TO PROVIDE FOR guards,"the officer said,
INTERNAL CONSISTENCY AND CROSS-REFERENCE speaking on condition of
RELATED TO PET SHOPS;AMENDING CHAPTER 4, anonymity because he wt'
High Yield Savings ALCOHOLIC BEVERAGES,SUBSECTION(e)(2)OF not author zed to speak
9 SECTION 4-2 TO CLARIFY EXEMPTION FOR DINING about the incident. The
O ROOMS AND RESTAURANTS; AMENDMENT TO prisoners had 9 mm,even
SECTION 31-234,OUTDOOR uormNQ STANDARDS, p M-4 This was some-
TO PROVIDE CONSISTENCY WITH THE MIAMI-DADS thing that was planned a
O COUNTY CODE OF ORDINANCES AND AMENDING long time ago from the
SECTION 31-221,LANDSCAPING REQUIREMENTS, inside:'
0.95APY
TO PROVIDE CONSISTENCY WITH THE MWAI DADE Police back-up from CODE OF ORDINANCES AND TO INCREASE
On all balances THE MINIMUM HEIGHT OF TREES;PROVIDING FOR err Port-au-Prince station,
SEVEFUIBILITY;PROVIDING FOR INCLUSION IN THE the officer said,didn't ar-
CODE;PROVIDING FOR AN EFFECTIVE DATE. roue until two boon]fez
Haitian authorities have
Call us at 1-800-753-6870 or Immediately following the Local Planning Agency removed the head of the
meeting,the City Commission of the City of Aventura, Croix-des-Bouquet police
visit us at myoptimizerplusecorn as the governing body,wig consider at a public hearing, station—whoseo&cersar-
as first reading, adoption of the above described rived too late to prevent the
to get started using promo Ordinance and will again consider adoption of the above prisoners from„mMog_
code NEWS2014. described Ordinance,as second and rural reading, despite lauding the efforts
at a public hearing on Tuesday,October 7,2014 of police
at 6:00 p.m. For his part,police in-
The above described Public Hearings will be held in spector Marcellus said be
.... We've been recognized the City Commission Chamber at City of Aventura war simply doing his job
Government Center,19200 West Country Club Drive, "When you area police
by Bonkratecom'and Aventura,Florida,33180.The proposed Ordinance officer,"he said,"you can't
MONEY.Magazine may be inspected by the public at the Office of the be acoward."
City Clerk,19200 West Country Club Drive,Aventura, Special Correspondent
Florida.Interested parties may appear at the Public Para Finer contributed to
Hearings and be heard with respect to the proposed this report from Santo
•Trodemoh al Synchrony Bank. Ordinance.
^loge Yield%Pal a accurate as or r/01/1a and subled Domingo.
Annual choaye m any time..imaw nonce For High y�.ld Sov+'v«kounr:, In accordance with the Americans with Disabilities
rat able sad subpcl to mange any I,me alter Me account Act of 1990,ell persons who are disabled and who
a evened ood notice.The minimum balance requ red to earn the need special accommodations to participate in this ' CLIP
m
odvemsed APY and to open on account is So lout a mini..babrce proceeding because of that disability should contact TRADEYOUR
of$50 a required m ovoid a 55 monthly service charge Fees may.sauce the Office of the City Clerk,(305)466-8901,not later
earn.,Vial'moahmuerplus cons for:arent rates,terms ota account than two business days prior to such proceedings. Oriental Rugs for
requirements Os.,applies to personal accoun only Funds man come
more aModem suitable Rags.Contemporary
from a source outside Synchrony Bank. If a person decides to appeal any decision made by the OfMomRugs-
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rat wmroe on to$250,000 per depositor.per insured ba^k for each City Commission,as Local Planning Agency or as the CALL
• ownership cdee., governing body,with respect to any matter considered 1-1100.9011-7847
om MONEE•Magazine,November eon®2013 Time Inc Used under at a meeting or hearing,that person wiN need a record Oriental
license MONEY Mogaxre and Time Inc are not aMla•ed web and do not I
e products or services of ucensee. of the proceedings and,for such purpose,may need _ Rag Palace
Synchrony a me eank.de come Top T.e-aware for to ensure that a verbatim record of the proceedings r ileaBask nos received
°,p offering annual percentage rte ms twirl shat were amona me made,which record includes the testimony and I e OWw
highest reported in Ill Hies Yields*. 10'1 FDIC evidenceu o which the cal is to be based. lu ' �"�'
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Teresa M.Soroka,MMC,City Clerk env SELL MADE CLEAN