2014-13 ORDINANCE NO. 2014-13
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
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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-through provisions indicate proposed deletions
from existing text.
Ordinance No. 2014-13
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 VII. "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.
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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. 2014-13
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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. 2014-13
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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.
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(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.
- - e - -- - -- - - - - -- •• - •• - -- - - - - •- -- •• - •- . 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. -- - - - --_ • • • " : - • • - - • - - -- • - e•• - - _ -
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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, or 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 - -- - - - - - - •-
direstor.
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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. -- _ - -- - - - -- - - - - - --- - - - " - !' !". • - - -
_ ..• -_ _ •_ _ _ _ -_ _ _ . - _ -. 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.
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(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.
(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 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 (1%) 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.
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(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, maior 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 adiacent 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)MI 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 4-2 14 feet in height at time of planting. The minimum
tree canopy shall be 7', centered on the trunk. A list of approved required trees is
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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. a minimum of 11 feet in height and six feet of 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 (Syaqrus
romanzoffiana) shall not be allowed as street trees.
d-e. No more than 48 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 44 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.
#742, 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.
i. 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.
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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
- - - -- 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 xewiseape 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. 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. 2014-13
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 (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. •- - - -e' - - - - - e" - • -' -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.
(g31 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.
Ordinance No. 2014-13
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.
{44 Edging. Edging shall be accomplished in such a manner so as not to destroy landscaping
material.
{516lFertilization. Fertilize landscaping material, as needed, to maintain healthy, viable growth.
Apply appropriate fertilizer to avoid symptoms of chiorosis and trace element deficiency. Use
of environmentally safe fertilizer is required. Application of fertilizer must conform to
manufacturers specifications.
(II) 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-;r s
- - - . - -
. . . . . . . . . . . . . .
_ . . _ _ __ _ _ _ __ •_ -- - _ - • - • _ _ - _ -'• - 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. 2014-13
Page 16
intersections and defined below shall provide unobstructed vision clearance at an
elevation of 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. 2014-13
Page 17
The foregoing Ordinance was offered by Commissioner Holzberg, who moved its
adoption on first reading. This motion was seconded by Commissioner Stern and upon being
put to a vote, the vote was as follows:
Commissioner Enbar Cohen yes
Commissioner Teri Holzberg yes
Commissioner Michael Stern yes
Commissioner Howard Weinberg yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Billy Joel yes
Mayor Susan Gottlieb yes
The foregoing Ordinance was offered by Commissioner Cohen, who moved its adoption
on second reading. This motion was seconded by Commissioner Holzberg, and upon being
put to a vote, the vote was as follows:
Commissioner Enbar Cohen yes
Commissioner Teri Holzberg yes
Commissioner Michael Stern yes
Commissioner Howard Weinberg yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Billy Joel yes
Mayor Susan Gottlieb yes
PASSED on first reading this 2nd day of September, 2014.
Ordinance No. 2014- 13
Page 18
PASSED AND ADOPTED on second reading this 7th day of October, 2014.
7
I/a)-.SUSAN GOTTL B, MAYOR
A EST:
1 �• h
RESA MO' •KA, MMC
CLER•
APPROVED AS TO LEGAL SUFFIENCY:
CITY ATTORNEY
Thi Ordi ance as filed in the Office of the City Clerk this —day of October, 2014.
I CLERK