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03-21-2017 Workshop AgendaThe City ®f CityCommission iventuraA Workshop Meeting __ ,, March 21, 2017 MMO 9 A.M. 19200 west country Club Drive Aventura, FL 33180 Executive Conference Room AGENDA 1. Charter High School Update (City Manager)** 2 Stormwater Master Plan Update (City Manager) ** 3. Proposed Land Development Regulations Revisions (City Manager) * 4. Citizens' Independent Transportation Trust Update (City Manager) ** 5. Community Services Advisory Board Recommendations* 6. Proposed Resolution Opposing HB 17 - Preempting Local Regulation of Businesses* 7. Adjournment * Back-up Information Exists ** PowerPoint This meeting is open to the public. 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O o6 U ?� � E 0 ro > N N ro + O Q _N cn > N cn —j m N m M Z = }, ro O C: }' (3) F- W a LL O V a LLI F- a G z W 2 LLIa z ca G W a GC O W W W ca G 0 z O Q z cW cG G 0 W z O J z 0 m N Pol O O N a� N v O E a� N > N U N Q � 4-0 i O N O }' c U O 0 0 - E _ O N f6 Z,O a--+ u U � r- N a--+ O O - U O }, O O C6 N Q+j +_+ N N cn N N .N .� E 4 E Q a� a� O .>_ a a� O > N N N i > E >. O N N vii N O O +' 4-j NI f) a--+ cn S- N CV X N ate--+ f�6 a✓ N ca f6 ate-+ E O O ca 4-1 � N � � U }' O w a.., U U -C U m H 0 -C i Q CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, I City Manager BY: Joanne Carr, AICP `4 Community Developmen�:iirector DATE: March 17, 2017 SUBJECT: Proposed General Housekeeping Updates to the City Code March 21, 2017 City Commission Workshop City staff is recommending general housekeeping updates to the City Code. These updates are recommended for consistency with recent changes in legislation, for clarification of Code provisions and for facilitation of development review. The specific proposals are as follows: 1. Chapter 31, Article II, Section 31-21, Definitions, Amendment to Open Space Definition The current definition of "Open Space" in Section 31-21 provides that open space is any area of land and/or water which is open and unobstructed from the ground to the sky, including wetland mitigation areas and areas maintained in a natural and undisturbed character. It does not include areas covered with buildings, parking areas, driveways and other paved areas. The "open and unobstructed from the ground to the sky" language precludes counting rooftop gardens and above ground landscaped patio areas as part of open space, while these areas are encouraged as part of the City's Green Building Program and function as open space amenities for residents, users and occupants of buildings in an urban setting. The exception is the development standard in the Office Park (OP) zoning district which currently provides that 50% of roof decks and other above grade surfaces which are provided and maintained for the common benefit of all occupants of the building may be included in the calculation of required open space. Staff recommends that the definition of open space be amended to provide that 50% of the area of any landscaped rooftop or above ground patio areas be counted as part of open space for all zoning districts, with the condition that these areas be well landscaped with trees and other plantings and that they be maintained for the common benefit of and accessible to all occupants of the building. This amendment is not proposed to include planter boxes on exterior walls or other small above ground planting areas that are not available for use by building occupants. The proposed amendment language is as follows: Section 31-121, Definitions: "Open space shall mean any area of land and/or water, which is open and unobstructed from the ground to the sky including wetland mitigation areas and areas maintained in a natural and undisturbed character. Open space shall include private parks, buffer yards and common landscaped areas, and shall include 50% of the area of landscaped rooftop amenities and landscaped above-ground patios which are well landscaped with trees and other plantings and are maintained for the common benefit of and accessible to all occupants of the building. Open space shall also include bicycle and pedestrian paths external to a development parcel. Open space shall not include submerged areas below the control water elevation (exclusive of wetland areas), areas covered with buildings, parking areas, driveways and other paved areas and shall not include planter boxes on exterior walls or other above ground planting areas that are not available for use by building occupants." 2. Chapter 31, Article VII, Sections 31-144 and 31-145, Use Regulations, Addition of Adopted Amendment to Chapter 14, Green Building Program for Consistency On April 15, 2016, the City Commission adopted Ordinance No. 2016-05 which added language to Chapter 14, Green Building Program, of the City Code to address situations where a LEED® Gold or Platinum building is proposed on the same site that had an existing office building or buildings on October 6, 2009, namely, the date of passage of the Green Building Program, where the existing office building or buildings are not certified at LEED® Gold or Platinum level. The adopted amendment in Chapter 14 is as follows: "For projects located on the same site as an existing office building or buildings, which office building or buildings was/were constructed before October 6, 2009 as evidenced by a temporary certificate of occupancy or certificate of occupancy and does/do not meet LEED® Gold or Platinum certification, the bonuses in (ii) and(iii) above shall be calculated based on the applicant's total site area, provided that the new construction that attains LEED® Gold or Platinum certification is the same size or larger than the total square footage of the existing office building or buildings." For consistency, Section 31-144, Business Zoning Districts and Section 31-145, Town Center Zoning Districts, should now be amended to include this adopted amendment. 2 3. Chapter 31, Article VII, Use Requlations, Amendment to Permitted Size of Above Ground Fuel Storage Tanks for Multifamily Residential Districts and Non-Residential Districts All residential, business, town center, industrial, community facilities, recreation/open space and utilities zoning districts contain provisions for installation of above ground fuel tanks for storage of emergency generator fuel. Those provisions are: Aboveground storage tanks. Aboveground storage tanks (AST) are permitted as a conditional use only as an accessory use and only for the purpose of storing fuel for emergency generators. ASTs must conform to the following requirements: a. Be of 550 gallons capacity or less. b. Be installed and operated under a valid permit from the Miami-Dade County Department of Environmental Resources Management. c. Be fully screened by a masonry or concrete wall with a self-closing and locking metal door or gate. Such wall shall be landscaped in accordance with the City's Landscape Code. d. Be located in a manner consistent with the site development standards of the zoning district. Installation of any AST shall require a building permit from the City. Application for building permit shall be accompanied by a site plan indicating the location of the AST relative to property lines, the primary structure served by the AST, any other structures within 300 feet as well as a landscape plan prepared by a Florida licensed architect or landscape architect and other supporting documentation as deemed necessary by the City Manager or designee. The above ground fuel storage tank is a permitted accessory use in the business district and is a conditional accessory use in the residential districts. If the tank capacity is larger than 550 gallons, variance approval is needed prior to issuance of a building permit for the installation. This 550 gallon size limit was adopted as part of the zoning districts in April of 2000 and corresponds to the maximum size allowable without Florida Department of Environmental Protection tank registration. Since this provision was adopted into the Code, several residential condominiums have applied to the City to replace old underground fuel storage tanks with new above ground tanks. However, while the 550 gallon tank is sufficient for single family homes, this smaller size of tank does not adequately serve the size of generator needed for the larger multifamily condominium buildings. Generally, applications have shown that a minimum 2000 gallon capacity tank is required for the high rise buildings. Staff recommends that the above ground fuel storage tank provision be revised to change the size of tank from 550 gallons capacity or less to 2000 gallons capacity or less for multifamily residential districts and for non-residential districts. In the multifamily residential and town center districts, conditional use approval would still be required prior to installation but the need for variance approval would be eliminated. In 3 non-residential districts, the tanks would continue to be permitted as an accessory use but with the larger size. All other existing requirements will remain the same, those are, the property owner must obtain a DERM permit, screen the tank with a masonry wall with self-closing and locking metal gate or door, locate the tank in a manner consistent with site development standards (setbacks) and obtain a City building permit. 4. Chapter 31, Article IX, Section 31-191, Sign Regulations, Amendment to Temporary Signs Staff has received requests from several property owners requesting a temporary sign for new tenants while their interior renovations are under construction. Currently, Section 31-191 of the City Code allows only a temporary banner for 14 days following issuance of a Local Business Tax Receipt. The Local Business Tax Receipt is not issued until all interior renovations have been permitted, inspected and approved by the Building Division. This leaves the tenant with no sign until the unit is ready to be occupied. Staff is recommending that a window sign be added as a permitted temporary sign, with similar conditions and limitations as a temporary window sign permitted in Section 31-191(k)(5). The proposed amendment is as follows: "Section 31-191, Sign Regulations Generally (k) Temporary Signs (11) Temporary Window Sian During Construction of Tenant Space Residential District Non-Residential District Approvals necessary Not permitted Sian Permit Required Number(maximum) One per establishment Sign area (maximum) Ten percent of window area up to a maximum of ten square feet Time Limit Permitted for a 12 month period from date of building permit issuance or until the date of issuance of a Certificate of Completion or Occupancy, or until a permitted temporary banner is erected, or until a permitted permanent wall sign is erected, whichever first occurs 4 5. Chapter 31, Article X, Section 31-221, Landscaping requirements, Update for Consistency with Miami-Dade County Code The following revisions are proposed for consistency with recent updates to the Miami- Dade County landscape code and to clarify City standards for landscaping: 1. The definition of 'caliper" in Section 31-221(d) be deleted as the tree standard is now included in subparagraph (h)(1)b. below, which refers to the most current edition of Florida Grades and Standards for Nursery Plants. 2. The location and number of street trees is clarified in subparagraph (h)(1)d. below. 3. A new subparagraph (h)(1)I., Minimum landscape requirements for all zoning districts, is added for street trees near power lines, where the height and location of overhead power lines requires the planting of low growing trees. 4. A new subparagraph (h)(1)m. is added to provide minimum tree species diversity standards. 5. The language in Subsection (h)(2) d., Other Plant Material Specification, is updated to reference most current edition of Florida Grades and Standards for Nursery Plants. 6. Subparagraph (i)(1), Maintenance, is clarified to provide that all plantings are sufficiently fertilized and watered to maintain the plantings in a healthy condition. 7. A new Subparagraph (i)(2), Maintenance, is added to provide for replacement of any dead tree or plant with an approved substitute. (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: iehec above n . ray grade (h) 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 •- - - ••'•'•• - •• -••- - : -- canopy shall be seven fcct, centered on the trunk. be Fourteen (14) feet high and conforming to. or exceeding, the minimum standards for Florida No. 1 grade or equivalent in the most current edition of Florida Grades and Standards for Nursery Plants. Thirty (30) 5 percent of the tree requirement may be met by native species with a minimum height of ten (10) feet and conforming to, or exceeding, the minimum standards for Florida No. 1 grade or equivalent in the most current edition of Florida Grades and Standards for Nursery Plants. c. Required palms shall be field grown and have a minimum of 16 feet in overall height with a minimum of six feet of clear wood. d. Street trees shall be provided along all roadways at a maximum average spacing of thirty J30) feet on center, except as otherwise provided in this chapter. Street trees shall be placed within the swale area or shall be placed on private property where demonstrated to be necessary due to right-of-way obstructions as determined by Director or Designee. e.- - -• - -- - - A single trunk palm species with a minimum ten inches DBH, and a minimum of cight feet of clear wood and minimum canopy of fifteen (15) feet at maturity shall count as a required street tree on the basis of one (1) palm per tree. is required. Queen palms (Syagrus romanzoffiana) shall not be allowed as street trees. Street trees are required in addition to the minimum number of required trees. The City reserves the right to designate a common species for a roadway or portion of certain roadway segments in order to achieve a uniformity of appearance. I. Trees near power lines, where the height and location of overhead powerlines requires the planting of low growing trees, street trees shall have a minimum height of ten (10) feet and shall conform to, or exceed, the minimum standards for Florida No. 1 grade or equivalent in the most current edition of Florida Grades or Standards for Nursery Plants at time of planting, and shall meet all of the following requirements: 1. Single trunk trees clear of lateral branches to four (4) feet and/or multi-trunk trees or trees/shrubs, as referenced in Landscape Manual, cleared of foliage to a height of four (4) feet. 2. A maximum average spacing of twenty-five (25) feet on center. 3. Maturing to a height and spread not encroaching within five (5) feet of overhead power distribution lines. 4. Under high voltage (50kV and above) transmission lines installed independent of underbuilt distribution lines, mature tree height and spread shall not exceed the minimum approach distances specified in the current ANSI (American National Standards Institute) Z133.1 Standards, as referenced in the Landscape Manual. m. Minimum tree species diversity standards. When more than ten (10) trees are required to be planted pursuant to the provisions of this chapter, a diversity of tree species shall be required. The minimum number of different tree species to be planted shall be based on the overall number of trees required and shall be proportional in relation to the total number of species planted, pursuant to the following table: Required Number Minimum Number Percentage of of Trees of Tree Each Tree Species Species 11-20 2 50 percent 21-50 4 25 percent 51 or more 6 16 percent Nothing in this subsection shall preclude the planting of additional tree species beyond the minimum numbers indicated in the table above, provided that the proportionality of each 6 species planted is maintained. This subsection shall not preclude the planting of a single species in or along a thematic landscaping corridor, as determined by Director or Designee. (2) Other plant material specifications. d. Plant Quality: Plants installed pursuant to this Code shall conform to, or exceed, the minimum standards for Florida No. 1 grade or equivalent in the most current edition of Florida Grades and Standards for Nursery Plants prepared by the State of Florida Department of Agriculture and Consumer Services. - - •- -- - - -- - -- 1. Shape and form. 2. Health and vitality. 3. Condition of foliage. 1. Root system. 5. Free from pest and mechanical damaged. grade. (i) Maintenance. (1) General. In all districts, the owner, or his agent, shall be responsible for the maintenance, in perpetuity, of all landscaping material in good condition so as to present a healthy, vigorous, neat, and orderly appearance, and clear of weeds, refuse and debris, and sufficiently fertilized and watered to maintain the plant material in a healthy condition. Landscaping material shall be trimmed and maintained so as to meet all city, county or state site distance requirements. (2) Failure to conform or maintain. If at any time after the issuance of a certificate of occupancy, any landscaping material is found to be in non-conformance, including, but not limited to, dead or dying plant material, notice shall be issued to the owner or his agent that corrective action is required to be in compliance with this article. Such notice shall describe what action is necessary to comply. The owner or his agent shall have a time period, as set forth by the Code Compliance Division of the Community Development Department, to fulfill the landscaping requirements. Failure of compliance within the allotted time shall be considered a violation of this section and shall subject the property owner to fines as determined appropriate, by the Special Master of the City of Aventura. a. If any tree or plant dies which is being used to satisfy current landscape code requirements, such tree or plant shall be replaced with the same landscape material or an approved substitute. 7 6. Chapter 31, Article XI, Section 31-232, Subdivision Design Standards, Language Clarification Chapter 31, Article XI, Section 31-231, Development Standards, provides that all development shall conform to the specific requirements of the appropriate zoning districts and shall comply with the standards contained in Article XI and other regulations in the Land Development Regulations. Section 31-232, entitled "Subdivision Design Standards", contains the design standards that staff has historically used for both subdivision and site development review. Staff is recommending that the wording in Section 31-232 be clarified to read "Subdivision and Site Development Design Standards" to eliminate any confusion as to applicability of the design standards in this section. The proposed amendment is as follows: "Article XI— Development Standards of General Applicability Section 31-232— Subdivision and Site Development design standards. In considering plans for subdivision and site development of land, the appropriate review bodies shall be guided by the standards set forth hereinafter. All references in this section to the word "subdivision"shall include site development of land." 7. Chapter 31, Article XI, Section 31-232, Subdivision Design Standards, Addition of Requirement of Bicycle Storage Facilities as a design standard Staff is recommending that Chapter 31, Article XI, Section 31-232, be amended to require installation of bicycle storage facilities in all subdivisions, site development and site redevelopment to facilitate multimodal travel. The proposed amendment is as follows: Article XI— Development Standards of General Applicability Section 31-232— Subdivision and Site Development design standards. J8) All new subdivisions, site development and site redevelopment shall provide bicycle storage facilities in suitable design, location and number, based on square footage or number of residential units, as determined by the Community Development Director or designee. 8 8. Deletion of Murals from Chapter 31, Section 31-191, Sign regulations generally, and Addition of Murals to Chapter 31, Article XI, Section 31-233, Architectural Design Standards Chapter 31-191(f) of the City's sign code currently prohibits murals, defined as any mosaic, painting or graphic art technique applied, implanted or placed directly onto an exterior wall. Staff has received a request from a commercial property owner to place murals within the interior courtyard of its development to enhance the pedestrian experience in the courtyard. Staff is recommending that murals be deleted from the sign code and that they be regulated as an architectural design standard, with conditions to ensure that they be placed only in interior courtyard areas, on exterior walls that do not face a public right of way and that they are not used as signs. This will provide an aesthetic enhancement of the areas while maintaining the unique aesthetic character of the City and preventing visual distraction. The proposed amendment is to delete the current provision from Section 31-191, Sign regulations generally, and to add a new provision to Section 31-233, Architectural Design Standards, as follows: Article IX— Sign Regulations Section 31-191 — Sign regulations generally (e) Definitions aft-exteriemvatk (f) Prohibited Signs (1 9) Mural° Article XI— Development Standards of General Applicability Section 31-233—Architectural Design Standards. (5) Murals, defined as any mosaic, painting or graphic art technique applied, implanted or placed directly onto an exterior wall, may be permitted when located in an interior courtyard area and on exterior walls of buildings that do not face a public right of way, when they do not contain any advertising copy and when they do not use any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of any person 9 • or entity, or to communicate information to the public, as determined by the City Manager or his designee. 9. Chapter 31, Article XI, Section 31-238, Accessory Uses, Adding Regulations for Awnings, Canopies, Sun Shade Devices and Porte Cocheres The City Code does not provide for any overhang or encroachment into a required setback for awnings and canopies. This provision has limited the use of awnings and canopies. There are no code provisions for sun shade devices and porte-cocheres. In order to support the pedestrian connectivity plan currently underway, to encourage use of sun shade devices and to support the City's green building program, staff is recommending the following code amendments and additions to provide pedestrian shelter and to encourage the use of shading elements. The proposed amendment and addition to this section is as follows: Section 31-238, Accessory Uses "(b) Awnings and canopies, porte-cocheres and sun shade devices. The definition of an awning or canopy shall be as provided for in the Florida Building Code. Any advertising shall conform to the sign regulations contained in this Code. (1) Awnings. An awning may be located at any window provided it is architecturally integrated into the buildings, design and color. The maximum height and width of an awning shall be limited to the minimum area required to cover a building's window. Awnings shall not be illuminated. An awning may proiect no more than five feet into a front, side or rear yard setbacks. Notwithstanding the foregoing provisions, an awning may not project into a public sidewalk, public right of way or any vehicular use area. (2) Canopies. A canopy may be located over any walkway adjacent to a building or over a building's entrance. The maxim+km minimum height of the overall canopy structure shall be eight feet and the maximum height shall be fifteen feet. The maximum width of a canopy shall be limited to the width of the sidewalk or entry way that it is covering. Illumination of a canopy shall be limited to the minimum illumination required for safe pedestrian passage under the canopy. A canopy may proiect into a front, side or rear yard setback in area and size sufficient to provide pedestrian shelter over a private walkway or building entrance, as determined by the City Manager or his designee. Notwithstanding the foregoing provisions, a canopy may not encroach into a public sidewalk, public right of way or into any vehicular use area. (3) Porte-Cocheres. A permanent, roofed structure extending from the entrance of a building over an adiacent private driveway to shelter those getting in and out of vehicles may extend to within ten feet of any property line, provided that the structure is constructed of walls and roof in design compatible with the principal structure, is open on three sides and has a maximum length no longer than the driveway it is sheltering. Notwithstanding the foregoing provisions, a porte-cochere may not encroach into a public sidewalk or public right of way and may not obstruct travel in any vehicular use area. 10 (4) Sun Shade Devices. Other above ground sun shade devices attached to a building wall, including but not limited to, horizontal or vertical fins, shutter panels, brise-soleil or solar screen designed to shade windows from the sun, may project no more than five feet into a front, rear or side yard setback. The minimum height of sun shade devices shall be eight feet above ground. At the City Commission's direction, staff will draft an ordinance for consideration by the Local Planning Agency and by the City Commission at the May 2, 2017 meeting. 11 City of Aventura Com- '1 Development Regulations Recommended Updates zoic Recommended Updates Amend Definition of Open Space to include 50% of area of landscaped rooftop amenities and landscaped above -ground patios that are maintained for the common benefit of and accessible to all occupants of the building Add zoi6 adopted amendment to Chapter 14 into Sections 31-144, Business Zoning Districts and Section 31-145, Town Center Zoning Districts Recommended Updates Amend Permitted Size of Above Ground Fuel Storage Tanks - change from 550 gallon capacity to 2000 gallon capacity for multifamily and non-residential development Add temporary window sign for new businesses Update landscape code for consistency with Miami -Dade County landscape code Clarify applicability of Section 31-232 design standards Recommended Updates Add bicycle storage facilities as a required design standard in Section 31-232 Delete prohibition of murals from sign code and add authorized murals to architectural design standards Amend standards in Section 31-238 for awnings and canopies and add standards for porte-cocheres and sun shade devices to encourage pedestrian and sun shading I City of Aventura Overview of The Citizens' Independent Transportation Trust (CITF) March 2017 Provide a Background of the Program Review our Maintenance of Effort ("MOE") - Ongoing Appeal Suggested Recalculated MOE Amount Inequity of MOE Calculation Action to Resolve the MOE Issue z background County Ordinance (Ordinance) No. 02-116 -enacted on 07/09/02, imposed a % of 1% Surtax on eligible sales transactions for Transportation -related projects. At least 20% of the Surtax Proceeds received by the County must be distributed to municipalities incorporated as of 11 /05/02, on a pro -rata basis based on population. The Surtax Program is administered by CITT, a group comprised of 15 members appointed by the Board of County Commissioners, County Mayor and Miami -Dade League of Cities. 3 Background continued Pursuant to the Interlocal Agreement, the City must annually continue the same level of General Fund support for Transportation projects appropriated in its FY 2002 Budget (Maintenance of Effort), which totaled $2.3 million. Surtax monies may be used to develop, construct, equip, maintain, operate or expand County -wide bus systems, fixed guideway rapid transit systems, roads & bridges, as well as secure such bonds or pay debt service. City must apply at least 20% of the Surtax Proceeds to Transit -related projects, such as circulator buses, bus shelters, bus pullout bays or other related infrastructure 0 MCF lsstff • Since the beginning the City has disagreed with the MOE. • Early on in the City's history, a large amount of capital expenditures were budgeted. In FY 2002, the MOE was determined to be $2.3 million based on 3 budgeted major one-time capital projects. Those projects were not completed in that year and were rolled over to the next year, thus creating an artificially exorbitant amount. • After appealing to the County CITT staff agreed to accept a revised MOE number of $904,000. E Table II (As Determined by Auditors) FY 2002 General Fund MOE Description Transit -Related: Circulator Operations Bus Shelter and Benches A Country Club Drive Improvements NE 188th Street Lighting Improvements Street Lighting Street Maintenance Engineering and Professional Servic Street Repairs & Maintenance Transportation -Related MO� Total MOE Source: City of Aventura FY2002 Budget and General Ledger Budget Actual 280,000 $ 304,052 250,000 213,677 530,000 517,729 1,400,000 240,635 150,000 148,506 85,000 Transit -Related: Circulator Operations Bus Shelter and Benches Transit -Related MOE Transportation -Related: NE 188th Street Lighting Improvements Street Lighting Utilities Street Maintenance Engineering and Professional Services Street Repairs & Maintenance portation-Related MOE ital MOE Recalculated Budget per CITT $ 280,000 250,000 530.000 150,000 85,000 81,956 30,465 27,461 374,882 $ 904,882 0 MOE Comparisons When comparing our MOE to that of the other participating municipalities: • Our MOE is significantly disproportionate when taking the size of our budget, population & Surtax revenue into consideration. • Our MOE is currently 150% of the total Surtax funds that we are projected to receive. Most other cities are not even close to having this type of ratio. • Newly participating cities of Cutler Bay, Doral & Miami Gardens all receive higher Surtax distributions than us & are not required to have an MOE. Municipality MOE Requirement MOEasa%of Annual Projection Indian Creek $ - 0% Palmetto Ba - 0% Cutler Ba - 0% Doral - 0% Miami Gardens - 0% EI Portal 7,000 8% Virginia Gardens 11,295 11% Medley 34,000 99% Golden Beach 38,000 100% Hialeah Gardens 42,500 5% North Bay Village 55,234 16% West Miami 61,000 25% Key Biscayne 85,752 16% Pi necrest 103,361 14% South Miami 115,668 21% Hialeah 127,049 1% Sweetwater 129,095 22% Sunny Isles Beach 129,926 15% Florida City 165,000 32% Surfside 190,183 81% Biscayne Park 209,064 162% Bay Harbor Islands 213,648 94% Miami Springs 218,678 38% Miami Shores 240,963 56% Opa-Locks 254,705 35% Miami Lakes 322,102 26% Bal Harbour Village 324,785 285% North Miami Beach 847,476 47% North Miami 1,199,875 47% Homestead 1,219,161 43% Aventura 2,304,882 150% Coral Gables 2,333,362 115% Miami Beach 2,900,000 77% Miami 4,718,932 26% MOE ISSUE The City has participated in the program since FY 2002/03. To date we have been audited by the Miami -Dade County Audit and Management Services Department twice: 0 1 st Audit - for the 6 years ended 09/30/08 0 2nd Audit - for the 7 years ended 09/30/15 9 Action to Resolve the MOE Issue • The CITT and County have agreed to modify the current Ordinance to address the problem along with other amendments and present to the County Commission. • Staff and the City Attorney's Office are working closely with County staff on this matter. 10 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA-CM, C f . :ger DATE: March 15, 2017 SUBJECT: Community Services Advisory Board Recommendations At the March 10, 2017 Community Services Advisory Board Meeting, the following recommendations were approved for the City Commission's consideration: • Recommendation that a member of the Board provide a report at the Commission Meetings on forthcoming events. • Recommendation that pictures of the Board be provided on the City's website. I have placed this matter on the Workshop Agenda for consideration by the City Commission. EMS/act CC01696-17 RESOLUTION NO. 2017-29791 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, OPPOSING HOUSE BILL 17 (HB 17) AND ANY SIMILAR OR SUBSTITUTE LEGISLATION THAT WOULD PREEMPT THE LOCAL REGULATION OF BUSINESSES, PROFESSIONS, AND OCCUPATIONS TO THE STATE BY PROHIBITING LOCAL GOVERNMENTS FROM IMPOSING OR ADOPTING CERTAIN RULES, REGULATIONS, LICENSES, PERMITS, OR REQUIREMENTS, AND ANY ASSOCIATED FEES; THAT WOULD SUNSET EXISTING LOCAL REGULATIONS; OR THAT WOULD LIMIT LOCAL GOVERNMENTS IN MODIFYING OR IMPOSING ADDITIONAL REGULATIONS ON BUSINESSES, PROFESSIONS, AND OCCUPATIONS. WHEREAS, House Bill 17 (HB 17) was filed for consideration during the Florida Legislature's 2017 Session by Representative Randy Fine (R - Palm Bay), and is co- sponsored by Representative Paul Renner(R - Palm Coast); and WHEREAS, on February 22, 2017, the Careers & Competition Subcommittee of the House Commerce Committee voted favorably on a similar Committee Substitute Bill (CS/HB 17); and WHEREAS, CS/HB 17 would expressly preempt the local regulation of businesses, professions, and occupations to the State of Florida by prohibiting local governments from imposing or adopting certain rules, regulations, licenses, permits, or requirements, and any associated fees; and WHEREAS, CS/HB 17 would supersede all local government regulations on businesses, professions, and occupations, even those regulations adopted prior to January 1, 2017, if they were adopted without general law authority; moreover, such pre-existing regulations would expire July 1, 2020; and WHEREAS, under CS/HB 17, even if a local government had enacted a business regulation authorized by general law prior to January 1, 2017, the existing regulation could not be amended to impose additional regulations on business, professions, or occupations; moreover, a local government could not modify such regulation, except to repeal or reduce the regulation; and WHEREAS, in addition, a local regulation not authorized under the CS/HB 17, or expressly authorized by general law, would be a nullity and not enforceable; and WHEREAS, CS/HB 17, and any similar or substitute legislation, would have far- reaching negative impacts upon local governments throughout the State and would severely limit their ability to tailor local laws to their community needs, would sunset current laws, and would prevent the enactment of new laws that address, among other things, fair wages, human rights, environmental protections, and neighborhood quality- of-life; and WHEREAS, the Mayor and City Commission strongly oppose CS/HB 17 and any similar or substitute legislation that would preempt the local regulation of businesses, professions, and occupations to the State of Florida, sunset existing local regulations, or that would limit local governments in modifying or imposing additional regulations. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby oppose House Bill 17 and any similar or substitute legislation that would preempt the local regulation of businesses, professions, and occupations to the State by prohibiting local governments from imposing or adopting certain rules, regulations, licenses, permits, or requirements, and any associated fees; that would sunset existing local regulations; or that would limit local govemments in modifying or imposing additional regulations on businesses, professions, and occupations. PASSED AND ADOPTED this / _day of March, 2017. • /ATTEST: dM.. F�. :... ....:q� Phili•,1+ • - ayor Z"' t Rafael E. Granad•, ity Clerk * y .., °1INCOR�. : ' �`� • lit,'' CH 26,e APPROVED AS TO FORM&LANGUAGE &FOR EXEC ON 27 �i,'alrEel ,_ � ' C Attorney Dote �y F:%TTO\TURNIRESOS\Reso Opposing 1113 17-2017.doc