07-07-2015Local Planning Agency
Enid Weisnnan, Alayor
nbar Cohen, Vice Mayor
Teri Ilolzber , Commissioner
Denise Landman, Commissioner
Mare Narolksky, Commissioner
Robert Shelley, Commissioner
Howard Weinberg„ Commissioner
City Manager
Erie: -1\1„ Soroka„ ICMA -CM
City Clerkk
Ellfisa L, Florwath, MIAIC
City Attomey
Zeiss Serota Hel finann
Cole & ]Bierman
LOCAL PLANNING AGENCY
MEETING AGENDA
JULY 7, 2015 - 6:00 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: June 2, 2015
4. PUBLIC HEARING: MOTION RECOMMENDING ADOPTION OF THE
FOLLOWING ORDINANCE:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING SECTION
31 -144 "BUSINESS ZONING DISTRICTS" OF THE CITY'S LAND DEVELOPMENT
REGULATIONS BY AMENDING SECTION 31- 144(C)(5)A., COMMUNITY BUSINESS
(B2) DISTRICT, TO ALLOW INCREASED LOT COVERAGE FOR PARCELS THAT
ARE ADJACENT TO A PROPERTY ZONED AS RECREATON OPEN SPACE (ROS)
DISTRICT AND ARE JOINED TO THE ROS PARCEL BY A UNITY OF TITLE OR
COVENANT IN LIEU OF UNITY OF TITLE, PROVIDED THAT THE ROS LAND
AREA IS NO LESS THAN 200 ACRES IN SIZE AND PROVIDED THAT ANY
CLUBHOUSE AND /OR CONFERENCE CENTER BULDINGS ON THE B2 PARCEL DO
NOT EXCEED TWO (2) STORIES IN HEIGHT; 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. One or more
members of the City of Aventura Advisory Boards may be in attendance and may participate at the meeting. Anyone
wishing to appeal any decision made by the Aventura City Commission 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 W.
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.
The City of MINUTES Government Center
Aventura LOCAL PLANNING AGENCY 19200 W.Country Club Drive
MEETING Aventura. Florida 33180
JUNE 2, 2015 AT 6 PM
1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid
Weisman at 6:00 p.m. Present were the following: Mayor Enid Weisman, Vice Mayor
Enbar Cohen, Commissioner Teri Holzberg, Commissioner Denise Landman,
Commissioner Marc Narotsky, Commissioner Robert Shelley, Commissioner Howard
Weinberg, City Manager Eric M. Soroka, City Clerk Ellisa L. Horvath, and City Attorney
David M. Wolpin. As a quorum was determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: The Pledge was led by Dr. Jan Solomon (Florida
International University Program Coordinator for Public Affairs — Office of the Vice
Provost).
3. APPROVAL OF MINUTES: A motion to approve the minutes of the
September 2, 2014 minutes was offered by Commissioner Holzberg, seconded by
Commissioner Landman, and unanimously passed by roll call vote.
4. PUBLIC HEARING: MOTION RECOMMENDING ADOPTION OF THE
FOLLOWING ORDINANCE: Mr. Wolpin recommended that 4A and 4B be conducted
as a joint public hearing, reviewed the quasi-judicial procedures, and noted that any
testimony provided would be included in the record for the same items on the regular
Commission Meeting Agenda.
Mr. Wolpin read the following ordinance by title:
A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE
COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE
MAP DESIGNATION FOR A PARCEL OF LAND LOCATED ON WEST COUNTRY
CLUB DRIVE, CONTAINING A TOTAL OF 2.111 ACRES MORE OR LESS AND
MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", FROM BUSINESS AND
OFFICE TO PARKS AND RECREATION; AMENDING THE COMPREHENSIVE
MASTER PLAN BY AMENDING THE FUTURE LAND USE DESIGNATION FOR A
PARCEL OF LAND LOCATED ON WEST COUNTRY CLUB DRIVE CONTAINING
A TOTAL OF 2.111 ACRES MORE OR LESS AND MORE PARTICULARLY
DESCRIBED IN EXHIBIT "B" FROM PARKS AND RECREATION TO BUSINESS
AND OFFICE; PROVIDING FOR SUBMITTAL TO THE FLORIDA DEPARTMENT
OF ECONOMIC DEVELOPMENT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; AND
PROVIDING FOR AN EFFECTIVE DATE.
A motion to recommend adoption of the Ordinance was offered by Commissioner
Narotsky and seconded by Commissioner Shelley.
Mr. Wolpin read the following ordinance by title:
Aventura Local Planning Agency Meeting Minutes — June 2, 2015
Page 2
B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE
ZONING DESIGNATION FOR A PARCEL OF LAND LOCATED ON WEST
COUNTRY CLUB DRIVE CONTAINING A TOTAL OF 2.111 ACRES MORE OR
LESS AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", FROM B2,
COMMUNITY BUSINESS DISTRICT TO ROS, RECREATION OPEN SPACE
DISTRICT AND BY AMENDING THE ZONING DESIGNATION FOR A PARCEL
OF LAND LOCATED ON WEST COUNTRY CLUB DRIVE CONTAINING A
TOTAL OF 2.111 ACRES MORE OR LESS AND MORE PARTICULARLY
DESCRIBED IN EXHIBIT "B", FROM ROS, RECREATION OPEN SPACE
DISTRICT TO B2, COMMUNITY BUSINESS DISTRICT; APPROVING THE
FOURTH AMENDMENT TO "RESTRICTIONS FOR BISCAYNE VILLAGE,
MIAMI-DADE COUNTY, FLORIDA" RELATING TO THE GOLF COURSE AND
COUNTRY CLUB PARCELS; ACCEPTING THE DECLARATION OF
RESTRICTIONS CONTAINING THE APPLICANT'S PROFFER OF SITE
IMPROVEMENTS AND OTHER RESTRICTIONS ON THE GOLF COURSE
PARCEL,INCLUDING THE PARCEL DESCRIBED IN EXHIBIT "A"; PROVIDING
FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR AN EFFECTIVE DATE.
A motion to recommend adoption of the Ordinance was offered by Commissioner
Landman and seconded by Commissioner Holzberg.
Mrs. Horvath administered the oath to all those wishing to offer testimony.
Community Development Director Joanne Carr addressed the Commission and entered
the staff report into the record for both items (4A and 4B), which recommended
approval.
Michael Marrero, Esq. (Bercow Radell & Fernandez - 200 S. Biscayne Blvd. Suite 850,
Miami, FL 33131), provided testimony on behalf of the Applicant.
Mayor Weisman opened the public hearing. There being no speakers, the public
hearing was closed.
The motion to recommend adoption of the Ordinance (4A) was unanimously passed, by
roll call vote.
The motion to recommend adoption of the Ordinance (4B) was unanimously passed, by
roll call vote.
5. ADJOURNMENT: There being no further business to come before the Local
Planning Agency, the meeting adjourned at 6:15 p.m.
Ellisa L. Horvath, MMC, City Clerk
Approved by the Local Planning Agency on July 7, 2015.
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
M MORANDUM
TO: City Commission
FROM: Eric M. Soroka, IC A-C
City Manager
BY: Joanne Carr, AICP
Community Developm_ tUDirector
DATE: June 15, 2015
SUBJECT: Application to Amend Section 31-144(c)(5)a. of the Land Development
Regulations to add a provision for increased lot coverage for specific uses
(01-LDR-15)
July 7, 2015 Local Planning Agency Agenda Item
July 7, 2015 City Commission Meeting Agenda Item
September 1, 2015 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission approve the request for an amendment to
Section 31-144, "Business Zoning Districts" of the Land Development Regulations to add
to that section, a provision for a maximum lot coverage of 55% of the total lot area for
parcels in the Community Business (B2) district that are adjacent to property zoned
Recreation Open Space (ROS) district that are joined to the ROS parcel by way of unity of
title or covenant in lieu of unity of title, provided that the ROS land area is no less than 200
acres in size and provided that any clubhouse and/or conference center buildings on the
B2 zoning parcel do not exceed two (2) stories in height.
THE REQUEST
The owner of the Turnberry Isle Resort is proposing an expansion to the resort's country
club facilities, consisting of a two-story, 50 foot tall addition to the conference center with
approximately 45,000 square foot of ballroom and meeting rooms, one additional level of
parking on the existing parking structure, demolition of the Orchid hotel building and
reconstruction of the hotel structure and improvements to the drop-off area at the existing
porte-cochere at the main entrance to the resort. The owner has submitted an application
for administrative site plan approval and that application is currently under review.
In order to build the resort expansion as proposed and to accommodate a future
expansion, the owner is requesting an amendment to the site development criteria of the
B2 zoning district to increase maximum lot coverage from 40% to 55% for parcels in the
Community Business (B2) District that are adjacent to property zoned Recreation Open
Space (ROS) District. The conditions of the amendment will be that the Community
Business District (B2) parcel is joined to the ROS parcel by way of unity of title or covenant
in lieu of unity of title, that the ROS land area is no less than 200 acres in size and that
any clubhouse and/or conference center buildings on the B2 zoning parcel do not exceed
two (2) stories in height.
BACKGROUND
The current lot coverage for all buildings on the resort site is 37%, where a maximum lot
coverage of 40% is permitted for parcels in the B2 zoning district. The applicant advises
that the current expansion proposal will increase lot coverage to 52.1%. A planned future
expansion will increase lot coverage to 55%.
The B2 zoning district allows a maximum height of 12 stories or 120 feet. The proposed
expansion of the resort could maintain the 40% lot coverage maximum by building
vertically. The increased lot coverage is requested to keep the low profile of the
conference center building. The proposed expansion is proposed at 2 stories or 50 feet.
Generally, lot coverage maximums are included in development codes to ensure that open
space is provided and also to ensure that proper drainage is provided and maintained.
Section 31-144(c) of the Code includes all buildings on site" in lot coverage calculation.
This includes the primary building and any accessory buildings, such as parking
structures, but does not include surface parking areas.
The resort's clubhouse, conference center, spa, parking structure and tennis courts are
located within the Community Business (B2) zoning district. The B2 site area is
approximately 16.66 acres. The resort's golf course and nursery/maintenance area is
located within the Recreation Open Space (ROS) zoning district. The ROS site area is
approximately 241 acres. The applicant proposes that the entire area be joined by a unity
of title or covenant in lieu of unity of title to combine the two zoning parcels. Once joined,
the 241 acre golf course would serve as the open space to offset the requested increase
in lot coverage.
The consulting engineer for the Turnberry Isle Resort has confirmed that an increase of
15% (40% current maximum to 55% proposed) in permitted lot coverage will not affect the
ability to provide and maintain proper drainage. The drainage structures and retention
ponds are currently functioning as intended. Any development application for expansion
will be required to include drainage plans to upgrade and improve, as necessary, any
components of the drainage system. Those drainage plans will be reviewed by the City's
Consultants as part of the site plan review process.
2
DESCRIPTION OF THE PROPOSED AMENDMENT
The proposed amendment to the Community Business (B2) District follows in underlined
text:
"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:
1. For all buildings: Any structure parking serving the primary use on the
site shall be incorporated into the building envelope and shall be compatibly
designed. Such parking structure shall comply with all minimum setback and buffer
yard 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. or 5. 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
3
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.
"5. For parcels that are adjacent (sharing a property line) to a property
zoned as Recreation Open Space (ROS) District and are joined to the parcel by a
unity of title or a covenant in lieu of unity of title, in form acceptable to the City
Manager and City Attorney and recorded in the Public Records of Miami-Dade
County, Florida, the maximum lot coverage shall not exceed 55% of the total lot
area of the B2 zoning parcel, provided that the ROS land area is no less than 200
acres in size and provided that any clubhouse and/or conference center buildings
on the B2 zoning parcel do not exceed two (2) stories in height." ...
ANALYSIS
Staff provides the following analysis of the request using the standards for reviewing
proposed amendments to the text of the Land Development Regulations contained in
Section 31-77 of the City Code.
1. The proposed amendment is legally required.
The proposed amendment is legally required to implement the requested revision to
the Code.
2. The proposed amendment is consistent with the goals and objectives of the
Comprehensive Plan.
The proposed amendment is consistent with the goals and objectives of the
Comprehensive Plan, specifically, with the Business and Office land use designation
described in the Future Land Use Element of the City's Comprehensive Plan. This
category provides that "...the specific range and intensity of uses applicable in a
particular Business and Office property is dependent upon the particular land use,
design, urban services, transportation, environmental and social conditions on and
around the subject property, including consideration of applicable goals, objectives and
policies of the Plan.
4
3. The proposed amendment is consistent with the authority and purpose of the LDRs.
The proposed amendment is consistent with the authority and purpose of the Land
Development Regulations. The purpose of the LDRs is to implement further the
Comprehensive Plan of the City by establishing regulations, procedures and standards
for review and approval of all development and uses of land and water in the City.
Further, the LDRs are adopted in order to foster and preserve public health, safety and
welfare and to aid in the harmonious, orderly and progressive development and
redevelopment of the City. The proposed amendment is consistent with this purpose.
The proposed amendment will aid in the harmonious, orderly and progressive
redevelopment of the City.
4. The proposed amendment furthers the orderly development of the City.
The proposed amendment furthers the orderly development of the City, for the reasons
provided in Paragraph 3 above.
5. The proposed amendment improves the administration or execution of the
development process.
The proposed amendment improves the administration or execution of the
development process in that it provides for regulation and a process by which to
approve development or redevelopment of a property within the Community Business
District.
5
APPLICANT REPRESENTATNE AFFIDAVIT
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Pursuant to Sealon 31-Tt(OXZ(l)d the City 1MSneus lid Oerelopreel Code.the AppYCW Represents*Aflame 4 hereby mode end
subniled.The undere isd O Ihodoed repremoliiive of the Inividuel 4r ally**nab to the Dewlopnwnl Penxx,whtih Is ideedned b the
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applying b An Dericpnwat Permit In ccrwrectbn WM the execetlon,es Mows
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SHAD DIE DIKING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR TIE DEVELOPMENT PEW AND)THE OWNER Of
THE SUIJECT PROPERTY. APPLICANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THI$ AFFIDAytr
THAT PRIOR TO SEC.TO NSIDE�MTION OF TIE APPLICATION N CITY REGuAnan is THE cm ace. THE mar
BOARD OR COMMISSION THE INFORMATION
PROVIDED IN THE AFFIDAVIT SECOMES INCORRECT OR INCOMPLETE.
WITNESS MY HAND THIS J OAY OF ► OS
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STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
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exectrfed this Aide*Far We purposes ataMd Mersin and INN It u true and coned he
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BUSINESS RELATIONSHIP AFFIDAVIT*
T1tts Alldevit Is med.Anal to Section 31-71(b)(2)(11)of ihe City of Mena Lad Deacipmenl Coda The urdenipned Mont hereby,dsdoses that
(mart wMh 7161iblo Intl w ardy)ABE don t(hew a threw Re11Ypnuhlp*eh a iy memb d the City CanmNabn or any City 4i Advisory Board is which
the eppYdion wtl be presenIed.
H 2 Mani hereby&doses that Idols tiga a Buenas Relbas a with a mrnber of the City Comnrkeion or a City Mainly
Bold to s idt tin Rp ikedon will be pule led,a foam:
pm new d CommRsimer or Advisory Board Member who saves on the
(List City Commission or Clhi Mvhay Bard upon whloh member serves).
The nave of the Bovines§RalstonMlp i s tames
[1 L msrnbr deity CmrHubn a Bond hide an osa*sh Introit In eau d 1%d lobe snots or cedt stoic
olApptiosnt or Rep esenIlhe
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WIC on EV natiortsi of Mimi Bolt aadiere0 a ldri verifier with the AppOcant or Ramsenhtive In any
busmen venture;
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pvdaslonal waiting from the carne eke or fa he sane employer a the number of the City Commission or
Bawd:
(1 iv A City Commissioner a Bond mamba N e Client at Cw*rant or Represented*:
I)v. The*tent or Repnearabve b a Custom,of the member of the City Canmkaton a Bond(or of hr or her
raver)end twee*more tun S10,000AO of to Minas d the member ate City Carmine,or Board(or
hle or tat'mayor)in a pan cwhndr year,
11 The member d the City Committal or Board Is s Cusimw d the Atmicent or Representative Ed lama
more then$25,000.00 d the twelneee of the Applicant or Represerte the in a given aellndar yew,
WRNESS MY HAND THIS LL DAY OF 2062
APPU ,a;
BY PA' l
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WITNES Y NANO THIS DAY OF f 4 ,27.Z(}i
REP SE IVE:( ' ken Relationship Affidavit)
(Signature) By:_ (Snalure
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Titre: (Prim Title:_ (PM)
By' _.(Signature) By: (Signature
Tine: (Prix) Title: _.__ _ (Pun()
Title: (Print) Tille': _ _ (Prim
NOTE: 1) Use duplicate sheets if disclosure information for Representative varies
2)Applicants and Afiiants are advised to timely supplement this Affidavit pursuant Io See. 31.71(bX2)(Iv) of
the City's Land Development Regulations in the City Code, in the event that prior to consideration of the
application by the City Board or Commission,the information provided in the Affidavit becomes incorrect or
incomplete,
May 18 15 03:25p Thomas Checca P E (954) 344-4764 p.3
W •Mr NApo TMIS zs__DAY CF- VA-C1/4`i —2005
REPRE:• , l : • ,Fn Business Relationship Affidav t)
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NOTE: 1) Use duplirale sheets if disclosure intormationftx RepnsentoUve varies
2)Applicants and Affianls are advised to timely supplemtn this Allidivit pursuant to See.31-71(b)(2X1v)of
the City's Land Development Rc uletion% in the City Code, in the event that prior to considentiao of the
application by the City Board or Commission. the informetioal provided in the AfTidavit becomes incorrect or
incomplete.
WITNESS MY HAND THIS I A DAY OF 01 6- ,204
REPRESENT 'I led on Business ReletionshipLfidavit)
By: (Signature) By: (Signature
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NOTE 1) Use duplicate sheets if disclosure information for Representative varies
2)Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 3 l-71(b)(2)(iv)of
the City's Land Development Regulations in the City Code, in the event that prior to consideration of the
application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or
incomplete.
NOTARIZATION PROVISION
STATE OF FLORIDA )
COUNTY OF MIAMI•DADE)
Before me,the undersigned authority,personally appeared /1 r t-il r4 ,grtfr P_?)the Affront,who b' l by me duly swan,did swear or affirm that he/she
executed this Affidavit fa the purposes slated therein and Ihai it is due and correct.
*' AFFIAti f\
SWORN TO AND SUBSCRIBED before me this i(day of_Otl-0 ,Y00
�Mt NOWy Public State of Florida — — — —-
!! Una Ramos No��cv1 �� c ST f Al Large
MyCommislonFF,201719 —{�}UQU.� '}
lllpka10u1D12018 Pnnled ame of Notary
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STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me,the undersigned authority,personally appeared Jt rf rf./Sgrbkx J ant,who me duly sworn.did swear or affirm that he/she
executes Nis Affidavit for the purposes staled therein and that It is Sue and correct
AFFIAN'T
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SWORN TO AND SUBSCRIBED babas me this. da'of____ (oy ,20e /r1 i 7
,pl}r Notary Pubic Efate of Florida _ t
r Dlena Ramos
Notary ublc a of Fb ids At arge
I My Commission FF 207719 n�-r (/
�q Expires 04/10/2019 Prnted Name of otary
My--__._..�_..__.___.--_—___._..___.__...r__..______ commission espiresV.-`��1h`I S.
STATE OF FLORIDA ) ~"-
COUNTY OF MIAMI-DADE)
Setae me,the unde•sgned authority,personally appeared-_ — the AffianI,who being first by me duly sworn,did swear or affirm that heishe
executed Nor Affaevil for the purposes slated therein and that it is due end correct.
AFFIANT — — ---
SWORN TO AND SUBSCRIBED before me this— ,day of_. _ 200_
Notary Public Slate of Florida Al Large
Pnnteo Name of Notary —
My commission expires:— -
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COUNTY OF MIAMI-DADE)
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AFFIANT -_— -
SWORN TO AND SUBSCRIBED before me his_ _day of __ 200_,
Notary Public State of Florida—At Large
Printed Name of Notary
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COUNTY OF AUAMI-01JE
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STATE OF FLORIDA )
COUNTY Of M AMIiOADE)
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ORDINANCE NO. 2015-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING
SECTION 31-144 "BUSINESS ZONING DISTRICTS" OF THE CITY'S
LAND DEVELOPMENT REGULATIONS BY AMENDING SECTION 31-
144(C)(5)A., COMMUNITY BUSINESS (B2) DISTRICT, TO ALLOW
INCREASED LOT COVERAGE FOR PARCELS THAT ARE ADJACENT
TO A PROPERTY ZONED AS RECREATON OPEN SPACE (ROS)
DISTRICT AND ARE JOINED TO THE ROS PARCEL BY A UNITY OF
TITLE OR COVENANT IN LIEU OF UNITY OF TITLE, PROVIDED THAT
THE ROS LAND AREA IS NO LESS THAN 200 ACRES IN SIZE AND
PROVIDED THAT ANY CLUBHOUSE AND/OR CONFERENCE
CENTER BULDINGS ON THE B2 PARCEL DO NOT EXCEED TWO (2)
STORIES IN HEIGHT; PROVIDING FOR SEVERABILITY; PROVIDING
FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the applicant, TB Isle Resort, LP, through Application No. 01-LDR-
15, is requesting an amendment to Section 31-144 "Business Zoning Districts" of
Chapter 31 "Land Development Regulations" of the Code of Ordinances ("City Code") to
include a provision for a maximum lot coverage of 55% for parcels zoned as Community
Business (B2) District that are adjacent (sharing a property line) to a property zoned as
Recreation Open Space (ROS) District and that are joined to the parcel by a unity of title
or covenant in lieu of unity of title and provided that the ROS land area is no less than
200 acres in size and provided that any clubhouse and/or conference center buildings
on the B2 zoning parcel do not exceed two (2) stories in height; and
WHEREAS, the Business and Office future land use category applicable to the
proposed amendment provides that "...the specific range and intensity of uses
applicable in a particular Business and Office property is dependent upon the particular
land use, design, urban services, transportation, environmental and social conditions on
and around the subject property, including consideration of applicable goals, objectives
and policies of the Plan;" and
WHEREAS, the City Commission finds that the proposed amendment to Section
31-144 of the City Code to provide increased lot coverage is consistent with the
applicable goals, objectives and policies of the City's Comprehensive Plan; and
City of Aventura Ordinance No. 2015-_
Page 2
WHEREAS, the City Commission has been designated as the Local Planning
Agency for the City pursuant to Section 163.3174, Florida Statutes; and
WHEREAS, the Local Planning Agency has reviewed the proposed amendment
during the required public hearing and has recommended approval to the City
Commission; and
WHEREAS, the City Commission has reviewed the proposed amendment, and
finds that it is in the best interest of the public to amend Section 31-144 of Chapter 31
"Land Development Regulations," 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. The foregoing whereas clauses are hereby ratified and
incorporated within this Ordinance.
Section 2. City Code Amended. That Section 31-144 "Business Zoning
Districts" of Article VII "Use Regulations" of Chapter 31 "Land Development
Regulations" of the City Code is hereby amended to read as follows':
City of Aventura Ordinance No. 2015-_
Page 3
Sec. 31-144. — Business Districts. ...
(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.
(5) Site development standards.
a. Floor area ratio and lot coverage and minimum landscaped open
space requirements:
1. For all buildings: Any structure parking serving the primary use on
the site shall be incorporated into the building envelope and shall be compatibly
designed. Such parking structure shall comply with all minimum setback and
buffer yard 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. or 5. 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
' Underlined provisions constitute proposed additions to existing text. Strikethrough provisions constitute proposed
deletions to existing text.
City of Aventura Ordinance No. 2015-_
Page 4
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.
5. For parcels that are adjacent (sharing a property line) to a property
zoned as Recreation Open Space (ROS) District and are joined to the parcel by
a unity of title or covenant in lieu of unity of title, in form acceptable to the City
Manager and City Attorney and recorded in the Public Records of Miami-Dade
County, Florida, the maximum lot coverage shall not exceed 55% of the total lot
area of the B2 zoning parcel, provided that the ROS land area is no less than
200 acres in size and provided that any clubhouse and/or conference center
buildings on the B2 zoning parcel do not exceed two (2) stories in height.
Section 3. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining sections, sentences, clauses, and phrases of this Ordinance but they
shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
City of Aventura Ordinance No. 2015-_
Page 5
Section 4. Inclusion in the Code. It is the intention of the City Commission,
and it is hereby ordained that the provisions of this Ordinance shall become and be
made a part of the Code of the City of Aventura; that the sections of this Ordinance may
be renumbered or re-lettered to accomplish such intentions; and that the word
"Ordinance" shall be changed to "Section" or other appropriate word.
Section 5. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Commissioner
who moved its adoption on first reading. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Teri Holzberg
Commissioner Denise Landman
Commissioner Marc Narotsky
Commissioner Robert Shelley
Commissioner Howard Weinberg
Vice Mayor Enbar Cohen
Mayor Enid Weisman
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 Teri Holzberg
Commissioner Denise Landman
Commissioner Marc Narotsky
Commissioner Robert Shelley
Commissioner Howard Weinberg
Vice Mayor Enbar Cohen
Mayor Enid Weisman
City of Aventura Ordinance No. 2015-_
Page 6
PASSED on first reading on this 7th day of July, 2015.
PASSED AND ADOPTED on this 1st day of September, 2015.
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Ordinance was filed in the Office of the City Clerk this day of , 2015.
2B I TUESDAY,JUNE 23,2015 Ht LOCAL&STATE MiamiHerald.com I MIAMI HERALD
WHERE TO BUY A COPY l lado,a two-term School a government-owned site
t miarniheretocomeora,.nns for Board member and daugh- for the team.
nearest sale;outlets and newsstands iii N5/j.. ter of Miami Mayor Tomas A string of hurdles re-
TO e5 singSE /? Regalado. mains,including how to pay
Advertising:305-376-2820 Earlier this month,Miami for the 40,000-seat stadium
Malin address: - City Attorney Victoria that some cost estimatesput
3511 NW atltlress: _
3511 Nw s Avenue Miami,FL 33172 Mendez sent her Miami- at$250 million;the price tag
�` 5,,'"'
" Dade counterpart aterselet- for the stadium site itself,
NEWSROOM oEP11Ak 305-376-2100
got ter telling the county to which includes some pri-
Mlaml-Dade City Desk:305-376-2100 /�
dadeoews 4memiherald corn CITY OF AVENTURA steer clear of any talks in- vate property;and how UM
Brower,City Desk:954-538-7100 volving the area around could exit the 17 years re-
srowardrews,m,a,heraldcorn Marlins Park,the former maining on its lease at the
Tropical Life:305x76-2120 NOTICE OF HEARING OF LOCAL home of the Orange Bowl Miami Dolphins'Sun Life
Business:305-376-3600 football stadium.Beckham's Stadium,
Mational/world:30S-376-3722 PLANNING AGENCY group and the University of No one has officially de-
Sports:305-37E-3700 Miami last month met to dared Marlins Park the pre-
wtRM-Herzltl Hews:305-37`-3490 AND NOTICE OF AMENDMENTTOTHE discuss joining forces to ferred site for soccer,and an
or teener,emlaminerald corn
build a stadium there large undisclosed assemblage of
NEWSROOM ExI r LAND DEVELOPMENT REGULATIONS enough for both MIS Soccer private property in Over-
Aminda Marques Gonzalez and UM football, which town is also in the mix,ac-
305-37caive=_d"e' used to play at the Orange cording to multiple people -
365-3 76-3429.amerooeshi miarniheraldcom Public Notice is hereby given that the City of Aventura Local Planning Agency Bowl. involved in the talks.
Rick Hrnch,Managinq Editor will meet in a public hearing on Tuesday,July 7,2015 at 6:00 p.m.to review
305-376-3504-h:rschdrniamiherald corn Mendez's June 9 letter to There's also the complica-
and recommend adoption of the following Ordinance to the City Commission: Miami-Dade County Attor- tion of UM being between
p"AIN HE EXECUTIVES
Alexandra Ylloch,president and Publisher ney Robert Cuevas notes"a leaders,with Shalala re-
305x76-:02 avlioch4miarneeraldcom AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA large portion of the pro- placement Julio Frenk tak-
Nancy Anaum,E3aaial Page Editcr AMENDING SECTION 31-144 "BUSINESS ZONING posed site is comprised of ing over from an interim
305-376-3517,nancrum amiamlherald`om DISTRICTS" OF THE CITY'S LAND DEVELOPMENT property solely owned by president in September af-
ArmandoBOmche,VP/AUdlenceDvpmt. the City."It also said the ter Shalala's departure on
305-376-3303,abonirne amiarnlheraldsom REGULATIONS BY AMENDING SECTION 31-144(C)(5) agreement between Miami May 31.
Samuel A.363oSbrownAdverbsiny A., COMMUNITY BUSINESS (B2) DISTRICT, TO ALLOW and Miami-Dade to build Against the backdrop of
Alex F 306-376-3163
Fuentes.VPL ie omive and ec°m Marlins Park gives Miami the soccer talks,Claure is al-
Ak=ruentes,�P',=teraa�ye and Marketing INCREASED LOT COVERAGE FOR PARCELS THAT ARE the option to pursue a soc- so pursuing an expansion of
305-376-4719 efue,teseniamiheraldcom ADJACENTTO A PROPERTY ZONED AS RECREATON OPEN
Myrwo Marquez,e.Nuevo Herald Exec.Editor cer stadium there"on such Sprint cellphone service in
305-376-3618 rnmarpuezerniamiherald.com SPACE (ROS) DISTRICT AND ARE JOINED TO THE ROS terms and conditions as it the Miami area.
Rema Ponce.VatCFC PARCEL BY A UNITY OF TITLE OR COVENANT IN LIEU OF may determine..." Claure wants city and
305-376-4609,roonceemiammeralecorn "Accordingly,please be county officials to expedite
Craig wosrnwul,SE Regional vP/Propuuion UNITY OF TITLE, PROVIDED THAT THE ROS LAND AREA advised that should the permitting and give Sprint
305-376-2951 cwosmworamiam,heraldcorn IS NO LESS THAN 200 ACRES IN SIZE AND PROVIDED
former Orange Bowl 100-3- access to government-
REPRINT PERMISSION THAT ANY CLUBHOUSE AND/OR CONFERENCE CENTER tion be pursued for such de- owned buildings for some of
toe mernt
Ted rat content t No`repd°°der BULDINGS ON THE B2 PARCEL DO NOT EXCEED TWO velopment,it will be done the transmitters for the$75
without me redem ten usght Act For reproduction only on those terms and million initiative,which
ticlenoraphicpn-orpermission (2) STORIES IN HEIGHT; PROVIDING FOR SEVERABILITY;
Photos/articles/graphics: l conditions as negotiated by would bring about 800 new
Emalreralestmeamiamiheraldcom PROVIDING FOR INCLUSION IN T #I L"ODE; PROVIDING the City," Mendez said. cellular transmitters
Back issues:305-376-3719 FOR AN EFFECTIVE DATE, "Notwithstanding the throughout the county dur-
or e-a'bask sloe:T,am,herald corn above,the City will keep the ing the next 18 months.
MOWN.PUBLISHED RATS Immediatelyfollowingthe Local PlanningAgency meeting,the CityCommission County informed of any Sprint,based in Overland
MIAMI HERALD of the City of Aventura,as the governing body,will consider on first reading Plans it develops,as re- Park,Kansas,picked Miami
7-Car 5684815 Broward Monroe
$68736 at a public hearing the Amendment to the Land Development Regulations quired by the aforemen- as one of the roll-out cities
tioned provisions," for its improved network.
-ho-Pu- 551%24 $51240 851966 described above and will again consider the above described Ordinance for Hernandez said Miami- The company plans 17 new
Sat-Son 840596 540216 540786 adoption after second reading on Tuesday,September 1,2015 at 6:00 p.m. Dade has not responded to stores in the area,according
Sunday 5294.68 $291.92 $296.06
the letter.In an interview, to the presentation Miami-
All Subscribers:Allsubscribers will be The above described Public Hearings will all be held in the City Commission Mayor Regaladosaidthelet- DadeprovidedtotheMiami
charged an additional 8150 for the 2/1s, Chamber at City of Aventura Government Center, 19200 West Country Club ter was sent to clarify the le- Herald,
3118.4'22,5725,607,8728 8',0/14 Premium
Editions and 82.00 on Thanksgiving Day Drive,Aventura,Florida,33180.The proposed Ordinance may be inspected by gal record when it comes to The plan revolves around
subscription These n rates and not included eyour" the public at the Office of the City Clerk at the above address.Interested parties the former Orange Bowl Sprint using small transmit-
s bsaiotlon rates an,,wdl change your P y
expiratlo^.date Your subscription once may appear at the Public Hearings and be heard with respect to the proposed site. ters on existing structures.
Includes a separate daily transportation cost The letter was to clarify The company also plans to
of$025 Mon.-Sat.,, 5unt and applicable Ordinance.
Ronda sales tax You have have the opbonofpicking that the land belongs to the utilize"monopoles,"which
op your papers at one of our distribution city.That the city of Miami the presentation says are
centers to avoid hanroortabon costs. In accordance with the Americans with Disabilities Act of 1990, all persons will take the lead,"Regalado about 150 feet tall and don't
weekendsgbscrib.2211 ,6/11 eo8/28 9/ who are disabled and who need special accommodations to participate in this
',.i,19.216,3.18.41225/25,6/17,7/3.8/28.9/7 said,"And we will,of course, require high-tension wires
99610114 9 29.0/2112'2412/25 0/26812/0 proceeding because of that disability should contact the Office of the City Clerk, involve the county." or metal frames.They're
TV Book:Anditi0na''$100 per week. (305)466-8901,not later than two business days prior to such proceedings. The press attention from used to"improve telephony
Digital Subscription only:$9.95/Month Beckham's May 22 face-to- connectivity in areas where
,<- If a person decides to appeal any decision made by the City Commission with face with outgoing UM zoning is difficult,"the pre-
respect to any matter considered at a meeting or hearing, that person will president Donna Shalala sentationstated.
A need a record of the proceedings and,for such purpose,may need to ensure helped revive a senseofmo- Claure became CEO of
Am a verbatim record of the proceedings is made,which record includes the mentum for a soccer stadi- Sprint in August,months af-
M D D testimony and evidence upon which the appeal is to be based. urn,and gave the soccer in- ter he and Beckham
Ellisa L.Horvath,MMC,City Clerk vestors a chance to back- launched their bid to bring
MIS to Miami.
,.._ NOTICE OF PUBLIC HEARING Adding the transmitters
City of Miami-Community&Economic Development Department would create 125 jobs,ac-
Thursday,July 23,2015 at 9:00 A.M. cording to Sprint,and an-
other 100 jobs would come
P a The City of Miami Community&Economic Development Department will hold a public hearing on Thursday, from the retail side of the
r July 23,2015 at 9:00 a.m.at City Commission Chambers,3500 Pan American Drive,Miami,FL 33133,to provide operation.Sprint is also
^sr4" the public an opportunity to comment on funding amendments affecting the City's annual Action Plan for US partnering with MasTec,a
Department of Housing&Urban Development(HUD)programs.The proposed amendment(s)and respective prominent Miami company,
description(s)can be found at www,miamiclov,com/communitydevelopment. to launch a"Direct to You
The adoption of an Ordinance or Resolution,by the City Commission,related to the proposed amendment(s), delivery service for setting
' authorizes the City Manager to draft/amend the appropriate City of Miami Annual Action Plan.Certain item(s) up customers'new phones,
Phil Nice may be available for public comment and review for a period of no less than 30 days.The review and comment Its a pretty incredible
MD[Alumnus period begins on Tuesday,June 23,2015 and ends on Wednesday,July 22,2015.The proposed amendments)will project,from what I'm being
Entrepreneur 8 Photographer be presented to the City Commission for approval on Thursday,July 23,2015.Draft copies will be available at the told,"said Hernandez,the
City of Miami Community&Economic Development Department office located at 444 SW,rd AVE,2 Floor,Miami, county spokesman."In ad-
FL 33130(CED Address).Comments to amendment(s)must be submitted in writing to the Address,Attn:Nancy dition to improving their
Miami Dade Romani,and must be received no later than July 22,2015.Interested individuals are encouraged to attend this network,it's also adding
Colic�e Public Hearing.The meeting site is accessible to the handicapped.Requests for special accommodations may be jobs in the area because you
directed at 305-416-2080 no later than three(3)business days prior to the public hearing date. need the infrastructure and
Join the Alumni Network the workers to do that."
(AD#13557)