05-02-2017 LPACity Commission
]Enid Weisman, Magor
Mare Narotskg, Vice Magor
Denise Landman, Commissioner
Dr. Linda Marks, Commissioner
Gladys Mezrahi, Commissioner
Robert Shelley, Commissioner
Howard Weinberg, Commissioner
City Manager
Eric M. SoTol a, 1CMA-CM
Citi Clerk
]Ellllisa Lo Horvath, MMC
Citi Attorney
Weiss Scrota Helffman
Cole & Bierman
LOCAL PLANNING AGENCY
MEETING AGENDA
MAY 29 2017
6:00 p.m.
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: November 1, 2016
4. PUBLIC HEARING: MOTION RECOMMENDING ADOPTION OF THE
FOLLOWING ORDINANCE:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING CHAPTER
31, LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTION 31-21,
DEFINITIONS, TO REVISE THE DEFINITION OF OPEN SPACE; BY AMENDING
SECTIONS 31-144, BUSINESS ZONING DISTRICTS AND 31-145, TOWN CENTER
ZONING DISTRICTS, TO ADD ADOPTED AMENDMENT TO CHAPTER 14, GREEN
BUILDING PROGRAM FOR CONSISTENCY AND CROSS-REFERENCE; BY
AMENDING SECTION 31-143(d), MULTIFAMILY MEDIUM DENSITY RESIDENTIAL
DISTRICTS (RMF3), AND SECTION 31-143(e), MULTIFAMILY MEDIUM DENSITY
RESIDENTIAL DISTRICTS (RMF3A), AND SECTION 31-143(f), MULTIFAMILY
HIGH DENSITY RESIDENTIAL DISTRICTS (RMF4) AND SECTION 31-143(g),
MULTIFAMILY MEDIUM DENSITY RESIDENTIAL DISTRICT (RMF3B) AND
SECTION 31-144, BUSINESS ZONING DISTRICTS, AND SECTION 31-145, TOWN
CENTER ZONING DISTRICTS, TO AMEND THE MAXIMUM SIZE OF ABOVE
GROUND EMERGENCY FUEL STORAGE TANKS; BY AMENDING SECTION 31-191,
SIGN REGULATIONS GENERALLY, TO ADD A NEW TEMPORARY SIGN AND TO
DELETE MURALS; BY AMENDING 31-221, LANDSCAPING REQUIREMENTS, TO
UPDATE THE SECTION FOR CONSISTENCY WITH MIAMI-DADE COUNTY CODE;
BY AMENDING SECTION 31-232, SUBDIVISION DESIGN STANDARDS TO CLARIFY
APPLICABILITY OF THE SECTION AND TO ADD BICYCLE STORAGE FACILITIES
AS A REQUIRED DESIGN STANDARD; BY AMENDING SECTION 31-233,
Aventura Local Planning Agency Meeting Agenda
May 2, 2017
ARCHITECTURAL DESIGN STANDARDS, BY ADDING REGULATION FOR
MURALS; BY AMENDING SECTION 31-238, ACCESSORY USES, TO AMEND
REGULATIONS FOR AWNINGS AND CANOPIES AND ADD REGULATIONS FOR
PORTE-COCHERES AND SUN SHADE DEVICES; 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.
Page 2 of 2
'Th
e City of MINUTES
Aventura Government Center
LOCAL PLANNING AGENCY 19200 W. Country Club Drive
MEETING Aventura. Florida 33180
--- NOVEMBER 1, 2016 AT 6 PM
1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid
Weisman at 6:00 p.m. The roll was called, with the following present: Mayor Enid
Weisman, Vice Mayor Denise Landman, Commissioner Teri Holzberg, Commissioner
Dr. Linda Marks, 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 resident Joshua Mandall.
3. APPROVAL OF MINUTES: A motion to approve the minutes of the September
6, 2016 minutes was offered by Commissioner Narotsky, seconded by Commissioner
Holzberg, and unanimously passed by roll call vote.
4. PUBLIC HEARING: MOTION RECOMMENDING ADOPTION OF THE
FOLLOWING ORDINANCES: Mr. Wolpin noted that the staff report and any comments
provided for the items 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
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 SHOPPING CENTERS WITH MORE THAN 1,000,000 SQUARE
FEET OF GROSS LEASABLE AREA, WITH HEIGHT NOT GREATER THAN
FIVE STORIES AND THAT ENTER INTO AN AGREEMENT WITH THE CITY TO
PROVIDE MAJOR TRANSPORTATION IMPROVEMENTS; 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
Shelley and seconded by Commissioner Holzberg.
Community Development Director Joanne Carr addressed the Commission and entered
the staff report into the record, which recommended approval, pursuant to Section 2 of
the Ordinance including the provision to allow a certain increased lot coverage through
an agreement to provide major transportation improvements as recommended by the
City Manager.
• Mayor Weisman opened the public hearing.
I
City of Aventura Local Planning Agency Meeting Minutes
November 1, 2016
The following provided comments: Jeff Bercow, Esq. (Bercow Radell & Fernandez, 200
S. Biscayne Blvd. Suite 850, Miami) on behalf of Aventura Mall Venture and Jeffrey
Bass, Esq. (Shubin & Bass, P.A., 46 S.W. 1 Street, Third Floor, Miami) on behalf of
Seritage.
There being no additional speakers, Mayor Weisman closed the public hearing.
The motion to recommend adoption of the Ordinance was unanimously passed, by roll
call vote.
Mr. Wolpin read the following ordinance by title:
B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING
SECTION 31-144 "BUSINESS ZONING DISTRICTS" OF ARTICLE VII "USE
REGULATIONS" OF CHAPTER 31 "LAND DEVELOPMENT REGULATIONS" OF
THE CITY CODE, BY AMENDING SECTION 31-144(1) "MEDICAL OFFICE (MO)
DISTRICT" OF THE CITY'S LAND DEVELOPMENT REGULATIONS BY
AMENDING SECTION 31-144(f)(1), "USES PERMITTED", BY AMENDING
SECTION 31-144(1)(2), "CONDITIONAL USE" AND BY AMENDING SECTION 31-
144(1)(3), "USES PROHIBITED"; 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
Holzberg and seconded by Commissioner Shelley.
Community Development Director Joanne Carr addressed the Commission and entered
the staff report into the record, which recommended approval, pursuant to Section 2 of
the Ordinance, including the provision to allow certain conditional uses.
Vice Mayor Landman voiced her concerns regarding the current ongoing development
in the area and the impacts this Ordinance would have to that area at this time.
Mayor Weisman opened the public hearing.
The following provided comments: Jennifer Levin, Esq. (of counsel to Fromberg,
Perlow & Kornik — 20295 N.E. 29th Place, #200, Aventura) on behalf of the estate of
Alfred R. Chouinard, Dr. Vilma Biaggi (21355 E. Dixie Highway #117, Aventura), Raya
Elias Pushkin (21224 Harbor Way #232, Aventura), and Jeff Bercow, Esq. (Bercow
Radell & Fernandez, 200 S. Biscayne Blvd. Suite 850, Miami).
There being no additional speakers, Mayor Weisman closed the public hearing.
The motion to recommend adoption of the Ordinance was passed (6-1), by roll call vote,
with Vice Mayor Landman voting no.
5. ADJOURNMENT: There being no further business to come before the Local
Planning Agency, a motion to adjourn was offered by Commissioner Weinberg,
Page 2 of 3
City of Aventura Local Planning Agency Meeting Minutes
November 1,2016
seconded by Commissioner Narotsky and unanimously passed; thereby, adjourning the
meeting at 6:26 p.m.
Ellisa L. Horvath, MMC, City Clerk
Approved by the Local Planning Agency on May 2, 2017.
Page 3 of 3
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
ME ORANDUM
TO: City Commission
FROM: Eric M. Soroka, I• ,-CM
City Manager
BY: Joanne Carr, Al • ,,
Community Develoimen Director
DATE: April 28, 2017
SUBJECT: General Housekeeping Updates to the City Code
(01-LDR-17)
May 2, 2017 Local Planning Agency Agenda Item 4_
May 2, 2017 City Commission Meeting Agenda Item.
June 14, 2017 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission approve staffs requests for updates to the
City Code detailed in this report and provided in the accompanying ordinance.
THE REQUEST
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 ll, 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. Open space shall also 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."
2
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. The
proposed addition of this clause to each section of those two zoning districts is detailed in
the attached ordinance
3. Chapter 31, Article VII, Use Regulations, 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.
3
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 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 Sign 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 until the date of
issuance of a Certificate of
Completion or Occupancy, or_
4
until a permitted temporary
banner is erected or until a
permitted permanent wall sign is
erected, whichever first occurs
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.
The proposed amendments are as follows:
"Section 31-221, Landscaping requirements
(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:
(h) Minimum landscape requirements for all zoning districts.
(1) Tree specifications.
5
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 •- - - --•-•••.•• - - r'. - - - - -- . - - - •
-- - -• -- -• - - - -- -• . be fourteen (14) feet hiqh 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) 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 (301
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 the City Manager or Designee. Adjacent to-any
ctree'—,.ght of-wayra A single trunk palm species with a minimum ten inches DBH, and-a
f^f eight 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 street tree. isgu,:ed. 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 and 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)
2133.1 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
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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
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 the City Manager 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. .-- - •- •_ -:••: ' - • -- • -- •-- - -•
or better regarding:
1 fo:m.
3. Condition-ef foliage.
4. Root system.
•
(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, acid 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.
a. 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.
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b. 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.
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.
8
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 City Manager or designee.
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
exterief4valb
(f) Prohibited Signs
(10) Murals
Article XI—Development Standards of General Applicability
Section 31-233—Architectural Design Standards.
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(5) Murals. 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 or entity, or to
communicate information to the public and cannot in any other way be defined as a sign, 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..aad 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 project into a front, side or rear yard setback, provided that any such
projection does not exceed five (5) feet or one-half (1/2) of the width of the required
setback, whichever is less. The minimum height of an awning shall be eight feet above
around. Notwithstanding the foregoing provisions, an awning may not proiect over a
public sidewalk, public right of way or any vehicular use area.
(2) Canopies. A canopy may be located over any private walkway adjacent to a building
or over a building's entrance. The maximum 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 project 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.
10
13) 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 or any vehicular use area.
f4) 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 screens designed to shade windows from the sun, may project into a front, side or
rear yard setback, provided that any such prosection does not exceed five (5) feet or one-
half (Yz) of the width of the required setback, whichever is less. The minimum height of
sun shade devices shall be eight feet above ground.
ANALYSIS OF PROPOSED AMENDMENTS
Section 31-77, Land Development Regulations
Standards for reviewing proposed amendments to the text of the LDR:
1. The proposed amendment is legally required.
The proposed amendments are 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 amendments are consistent with the goals and objectives of the
Comprehensive Plan. The Comprehensive Plan provides that development and
redevelopment of the City shall conform to the standards established in the Land
Development Regulations.
3. The proposed amendment is consistent with the authority and purpose of the LDRs.
The proposed amendments are 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 amendments are consistent with this
purpose. The proposed amendments will establish regulations and standards for
review and provide for necessary updates and clarifications to aid in the harmonious,
orderly and progressive development and redevelopment of the City.
4. The proposed amendment furthers the orderly development of the City.
11
The proposed amendments further 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 amendments improve the administration or execution of the
development process in that it provides for an update and clarification of existing Code
procedures, regulations and standards and for consistency with applicable statutory
standards.
12
ORDINANCE NO. 2017-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING
CHAPTER 31, LAND DEVELOPMENT REGULATIONS, BY AMENDING
SECTION 31-21, DEFINITIONS, TO REVISE THE DEFINITION OF
OPEN SPACE; BY AMENDING SECTIONS 31-144, BUSINESS ZONING
DISTRICTS AND 31-145, TOWN CENTER ZONING DISTRICTS, TO
ADD ADOPTED AMENDMENT TO CHAPTER 14, GREEN BUILDING
PROGRAM FOR CONSISTENCY AND CROSS-REFERENCE; BY
AMENDING SECTION 31-143(d), MULTIFAMILY MEDIUM DENSITY
RESIDENTIAL DISTRICTS (RMF3), AND SECTION 31-143(e),
MULTIFAMILY MEDIUM DENSITY RESIDENTIAL DISTRICTS (RMF3A),
AND SECTION 31-143(f), MULTIFAMILY HIGH DENSITY RESIDENTIAL
DISTRICTS (RMF4) AND SECTION 31-143(g), MULTIFAMILY MEDIUM
DENSITY RESIDENTIAL DISTRICT (RMF3B) AND SECTION 31-144,
BUSINESS ZONING DISTRICTS, AND SECTION 31-145, TOWN
CENTER ZONING DISTRICTS, TO AMEND THE MAXIMUM SIZE OF
ABOVE GROUND EMERGENCY FUEL STORAGE TANKS; BY
AMENDING SECTION 31-191, SIGN REGULATIONS GENERALLY, TO
ADD A NEW TEMPORARY SIGN AND TO DELETE MURALS; BY
AMENDING 31-221, LANDSCAPING REQUIREMENTS, TO UPDATE
THE SECTION FOR CONSISTENCY WITH MIAMI-DADE COUNTY
CODE; BY AMENDING SECTION 31-232, SUBDIVISION DESIGN
STANDARDS TO CLARIFY APPLICABILITY OF THE SECTION AND TO
ADD BICYCLE STORAGE FACILITIES AS A REQUIRED DESIGN
STANDARD; BY AMENDING SECTION 31-233, ARCHITECTURAL
DESIGN STANDARDS, BY ADDING REGULATION FOR MURALS; BY
AMENDING SECTION 31-238, ACCESSORY USES, TO AMEND
REGULATIONS FOR AWNINGS AND CANOPIES AND ADD
REGULATIONS FOR PORTE-COCHERES AND SUN SHADE DEVICES;
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 City Code for internal consistency, for clarity 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 for inclusion of a portion of
landscaped rooftop amenities and above ground patios in the definition of "Open
Space" in Section 31-21, Definitions; and
WHEREAS, the City Commission desires to provide for increased minimum size
of above ground emergency fuel storage tanks in the multifamily and town center
zoning districts; and
City of Aventura Ordinance No. 2017-
WHEREAS, the City Commission desires to add a new temporary sign and
remove the regulation for murals from Section 31-191, Sign Regulations; and
WHEREAS, the City Commission desires to provide for consistency of Section
31-221, Landscape requirements, with the provisions of the Miami-Dade County Code
of Ordinances; and
WHEREAS, the City Commission desires to clarify the applicability of Section 31-
232, Subdivision Design Standards and to include bicycle storage facilities as a
required design standard; and
WHEREAS, the City Commission desires to provide for regulation of murals in
Section 31-233, Architectural Design Standards; and
WHEREAS, the City Commission desires to amend Section 31-238, Accessory
Uses, to amend regulations for awnings and canopies and to provide regulation for
porte-cocheres and sun shade devices; and
WHEREAS, the City Commission has been designated as the Local Planning
Agency for the City pursuant to Section 163.3174, Florida Statutes; and
WHEREAS, the City Commission, in its capacity as the Local Planning Agency,
has reviewed the proposed amendments to the City Code pursuant to the required
public hearing and has recommended approval of this Ordinance; 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, THAT1:
Section 1. Recitals Adopted. That each of the above-stated recitals are
hereby adopted and confirmed.
Section 2. City Code Amended. Section 31-121, Definitions, of Chapter 31,
"Land Development Regulations" is hereby amended to read as follows:
Underlined provisions constitute proposed additions to existing text;stricken-through provisions indicate proposed
deletions from existing text.
Page 2 of 18
City of Aventura Ordinance No. 2017-
"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. Open space shall also include 50% of the area of landscaped rooftop
amenities and landscaped above-ground patios, provided such areas 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."
Section 3. City Code Amended. Section 31-144, Business Zoning Districts
and Section 31-145, Town Center Zoning Districts, of Chapter 31, "Land Development
Regulations" are hereby amended to read as follows:
Section 31-144(b), Neighborhood Business (B1) District.
(2) Conditional Use. The following uses may be established if first approved as a conditional
use:
ji) "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 q. and h. 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."
Section 31-144(c)(2), Community Business (B2) District.
(2) Conditional use. The following uses if first approved as a conditional use:
jo) "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 1. and m. 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."
Section 31-144(d), Heavy Business (B3) District
Page 3 of 18
City of Aventura Ordinance No. 2017-
(2) Conditional use. The following uses may be established if first approved as a conditional
use:
Ii) "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 a. and h. 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."
Section 31-144(e), Office Park (OP) District
(2) Conditional use. The following uses if first approved as a conditional use:
fk) "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/d0 not meet LEED®
Gold or Platinum certification, the bonuses in i. and 1. 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.
Section 31-144(f), Medical Office (MO) District
(2) Conditional use. The following uses if first approved as a conditional use:
(m) "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 k. and I. 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 lamer than the total square footage of the existing
office building or buildings.
Section 31-145(b), Town Center District (TC1)
(3) Conditional uses permitted. The following uses may be established if first approved as a
conditional use:
(p) "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 n. and o. 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.
Page 4 of 18
City of Aventura Ordinance No. 2017-
Section 31-145(c), Town Center Marine District (TC2)
(4) Conditional uses permitted. The following uses may be established if first approved as a
conditional use:
(r) "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 LEEDO
Gold or Platinum certification, the bonuses in p. and q. 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.
Section 31-145(d), Town Center Neighborhood (TC3) District
(4) Conditional uses permitted. The following uses may be established if first approved as a
conditional use:
fn) "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 I. and m. 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.
Section 4. City Code Amended. Section 31-143, "Residential Zoning
Districts", Section 31-144, "Business Zoning Districts" and Section 31-145, "Town
Center Zoning Districts", are hereby amended to read as follows:
Section 31-143 — Residential Zoning Districts.
(d) Multifamily Medium Density Residential District (RMF3). The following regulations
shall apply to all RMF3 districts:
(4) 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 559 2000 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.
Page 5 of 18
City of Aventura Ordinance No.2017-
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.
(e) Multifamily Medium Density Residential District (RMF3A). The following
regulations shall apply to all RMF3A districts:
(4) 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 5.50 2000 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.
(f) Multifamily High Density Residential District (RMF4). The following regulations
shall apply to all RMF4 districts:
(4) 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 6602000 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.
Page 6 of 18
City of Aventura Ordinance No. 2017-
(g) Multifamily Medium Density Residential Districts (RMF3B). The following
regulations shall apply to all RMF3B districts:
5. 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 559 2000 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.
Section 31-144. — Business Zoning Districts.
(b) Neighborhood Business (B1) District. This district is intended to provide primarily for
retail sales and services to a surrounding neighborhood. Retail stores permitted therein
are intended to include primarily convenience goods which are usually a daily necessity
for a residential neighborhood. The district is appropriate for location on a collector or
an arterial roadway.
(2) Conditional use. The following uses may be established if first approved as a conditional
use:
d. Aboveground storage tanks. Aboveground storage tanks (AST) 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 559 2000 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
Page 7 of IS
City of Aventura Ordinance No. 2017-
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.
(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.
(6) Aboveground storage tanks. Aboveground storage tanks (AST) are permitted as an
accessory use only for the purpose of storing fuel for emergency generators. ASTs must
conform to the following requirements:
a. Be of 550 2000 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.
(d) Heavy Business (83) District. This district is intended to provide locations for
planned commercial centers, sharing a common identity, parking and other support
facilities developed according to an overall development plan; and for a wide range of
goods and services to serve a market beyond the community itself. Such commercial
concentrations are expected to draw substantial patronage from outside areas and are
not expected to serve the convenience needs of local residents. As such, these
centers should be oriented towards and have direct access to arterial roadways,
particularly major arterials.
(7) Aboveground storage tanks. Aboveground storage tanks (AST) are permitted as an
accessory use only for the purpose of storing fuel for emergency generators. ASTs must
conform to the following requirements:
a. Be of 550 2000 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.
Page 8 of 18
City of Aventura Ordinance No. 2017-
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.
(e) Office Park (OP) District. This district is intended to provide for high quality, semi
professional and professional offices in a campus setting reflecting creative design and
environmentally compatible use of space and perimeter buffer areas. This zoning
district may be applied to land designated Business and Office and Industrial and Office
on the City's Future Land Use Map, however, the uses within this district shall be
consistent with, but may be more restrictive than, the corresponding Business and
Office and Industrial and Office category permitted use.
(5) Aboveground storage tanks. Aboveground storage tanks (AST) are permitted as an
accessory use only for the purpose of storing fuel for emergency generators. ASTs must
conform to the following requirements:
a. Be of 558 2000 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.
(f) Medical Office (MO) District. This district is intended to provide for medical offices
and other uses supporting the medical profession associated with the hospital. This
zoning district may be applied to land designated Business and Office on the City's
Future Land Use Map, however the uses within this district shall be consistent with, but
may be more restrictive than, the corresponding Business and Office category
permitted uses.
(6) Aboveground storage tanks. Aboveground storage tanks (AST) are permitted as an
accessory use only for the purpose of storing fuel for emergency generators. ASTs must
conform to the following requirements:
a. Be of 550 2000 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.
Page 9 of 18
City of Aventura Ordinance No. 2017-
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.
Section 31-145. — Town Center Districts.
(b) Town Center District (TC1). The following regulations shall apply to all TC1
districts:
(3) Conditional uses permitted. The following uses may be established if first approved as a
conditional use:
(f) Aboveground storage tanks. Aboveground storage tanks (AST) 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 2000 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.
(c) Town Center Marine District (TC2). The following regulations shall apply to all TC2
districts.
(11) Performance Standards.
(e) - • •• =••: : :- - : - - - if fully scroonod by a
-• •• -- -• - • - - •-• - •- Except as provided below
aAll other fuel tanks, regardless of type, will be located underground. There will be no bulk
storage of any fuels permitted other than fuels stored for the purpose of servicing vehicles used
in the regular course of business and for back-up generator day tanks. Aboveground fuel
storage tanks (AST) may be above ground for emergency generators only as an accessory
use, subject to compliance with the following requirements:
Page 10 of 18
City of Aventura Ordinance No. 2017-
Vis_
a. Be of 550 2000 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.
(d) Town Center Neighborhood (TC3) District. The following regulations shall apply to
all TC3 Districts:
(4) Conditional uses permitted. The following uses may be established if first approved as a
conditional use:
d. Aboveground storage tanks. Above ground storage tanks (AST) only as an accessory use
and only for the purpose of storing fuel for emergency generators must conform to the
following requirements:
a. Be of 550 2000 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 TC1
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.
Section 5. City Code Amended. Section 31-191, Sign Regulations
Generally, of Chapter 31 "Land Development Regulations" of the Code of Ordinances is
hereby amended to read as follows:
Section 31-191, Sign Regulations Generally
(e) Definitions
Page11 of18
City of Aventura Ordinance No. 2017-
an
. . .. ... .. .. . . . . . . . _ _ : . _
evtei . ••
(f) Prohibited Signs
{10) Meralc
(k) Temporary Signs
(11) Temporary Window Sign During Construction of Tenant Space
Residential District _Non-Residential District
Approvals necessary Not permitted Sign 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 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
Section 6. City Code Amended. Section 31-221 "Landscaping Requirements'
of Chapter 31 "Land Development Regulations" is hereby amended as follows:
Section 31-221. Landscaping requirements.
(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:
(h) Minimum landscape requirements for all zoning districts.
(1) Tree specifications.
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City of Aventura Ordinance No. 2017-
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 •- _ - - -- - --- - - . _ _
--•-- _ -_ :• -- -_ - -• •- - 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)
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
(30) 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 the City Manager or
designee. • _ -• -- _ • _ _ A single trunk palm species with a
minimum ten inches DBH, and a m�,�^ ^ ^'^ ^f eight 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 street 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 and 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
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City of Aventura Ordinance No. 2017-
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
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 the City Manager 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. ••- _ . .•. .. _ • _ . _.
.SShapoaryd-form
2. Health and vitality.
4. Root cystom.
5. Free from pest and mochanical 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, an4 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.
a. 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
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City of Aventura Ordinance No. 2017-
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.
b. 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.
Section 7. City Code Amended. Section 31-232, Design Standards, of
Chapter 31 "Land Development Regulations" of the Code of Ordinances is hereby
amended to read as follows:
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."
(8) 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 City Manager or designee.
Section 8. City Code Amended. Section 31-233, "Architectural Design
Standards", of Chapter 31 "Land Development Regulations" of the Code of Ordinances
is hereby amended to read as follows:
Section 31-233, Architectural Design Standards
(c) Minimum design standards.
(5) Murals. 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
or entity, or to communicate information to the public, and cannot in any other way be defined
as a sign, as determined by the City Manager or his designee.
Section 9. City Code Amended. Section 31-238, Accessory Uses, of Chapter
31 "Land Development Regulations" of the Code of Ordinances is hereby amended to
read as follows:
Section 31-238, Accessory Uses
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City of Aventura Ordinance No. 2017-
"(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 project into a front, side or rear yard setback, provided that any such
projection does not exceed five (5) feet or one-half (Y) of the width of the required
setback, whichever is less. The minimum height of an awning shall be eight feet
above ground. Notwithstanding the foregoing provisions, an awning may not project
over a public sidewalk, public right of way or any vehicular use area.
(2) Canopies. A canopy may be located over any private walkway adjacent to a
building or over a building's entrance. The maximum 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 project 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 adjacent 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 or any vehicular use area.
(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 screens designed to shade windows from the sun, may project into
a front, side or rear yard setback, provided that any such projection does not exceed
five (5) feet or one-half (%) of the width of the required setback, whichever is less.
The minimum height of sun shade devices shall be eight feet above ground.
Section 10. 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 11. 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
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City of Aventura Ordinance No.2017-
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 12. 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 Denise Landman
Commissioner Dr. Linda Marks
Commissioner Gladys Mezrahi
Commissioner Marc Narotsky
Commissioner Robert Shelley
Commissioner Howard Weinberg
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 Denise Landman
Commissioner Dr. Linda Marks
Commissioner Gladys Mezrahi
Commissioner Marc Narotsky
Commissioner Robert Shelley
Commissioner Howard Weinberg
Mayor Enid Weisman
Page 17 of 18
City of Aventura Ordinance No. 2017-_
PASSED AND ADOPTED on first reading this 2nd day of May, 2017.
PASSED AND ADOPTED on second reading this 14th day of June, 2017.
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 , 2017.
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