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02-21-2019 Regular Workshop Agenda The City ®f CityCommission venturaAi Workshop Meeting February 21 , 2019 9 A.M. " Executive Conference Room 19200 West Country Club Drive Aventura,FL 33180 AGENDA 1. Call to Order/Roll Call 2. Selection of Community Services Advisory Board Members (City Manager)* Future Action Required: Resolution 3. Proposed Amendment to City Code Chapter 31, Article Xll, Non Conforming Uses and Structures (City Manager)* Future Action Required: Ordinance 4. Proposed Amendment to City Sign Code (City Manager)* Future Action Required: Ordinance 5, Update on Don Soffer Aventura High School (Vice Mayor Dr. Marks) g, Discussion of Proposed Resolution Supporting the Newly Recognized President of Venezuela (Commissioner Mezrahi) Future Action Required, Resolution 7. Adjournment * Back-up Information Exists ** PowerPoint Presentation 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, or online at cityofaventura.com.Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466-8901. CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manage / DATE: February 11, 2019 SUBJECT: Selection of Community Services Advisory Board Members (City Manager) The terms of the following individuals on the Community Services Advisory Board will expire in February and have expressed interest in continuing to serve: Jonathan Evans Sandra Kaplan Bonnie Lotterman (is relocating out of Aventura and will not be eligible) Daniel Naim David Pulver Michael Stern Sherry Superfine The following individual has submitted an application for selection to the Community Services Advisory Board: Annette Weissman I am recommending the following members to be appointed / re-appointed to the Community Services Advisory Board: Jonathan Evans Sandra Kaplan Daniel Naim David Pulver Michael Stern Sherry Superfine Annette Weissman I have placed this matter on the Workshop Agenda for discussion and direction by the City Commission. RJW/act Attachment CC01774-19 III, CIIYOFAVENTURA c..-.) , ..4 ;:.�- .� Application for �yys • I i.0���,�a'y • Community Services Advisory Board c'`e9 a4 536' Potential board members must be registered voters who have resided in the City of Aventura for six (6: months immediately prior to an appointment to the Board. Applicants must have expressed interest and/or experience in landscape design and architecture, special events, beautification projects, youth and/or senior citizen programs and recreation activities. Name of Ap licant ,v/t/fl/F Zdci--S.51'14 V Address I &O)0/ Vi s/ 6 &4//q/ 04>h > PColl Phne Email 30C 76'6-37312 0 a2et 5siwa i7 y en) r� ;l a Business ame Occupation / e ii&c E9 1-0/3' Al,te/ 4/ Business Address Business Phone Fax , Qualifications: Briefly describe the specific expertise and/or abilities you can contribute as a member of this Board. //to / / Board. /toN / Om ill v[/�rCl/Un S� 1A 4 IPC' i.Sia ' SPA J� i J � J�c/ton &)t�2 f'� P Ai c , ( d iii/o ` rgofid' 4,A. List community of civic involvement: >! ei 4ye /jMAP is. l� h Please attach a resume along with your application. I understand that in accordance with the State of Florida Government in the Sunshine Law, this information may be made public. I understand that all board appointments are for voluntary, uncompensated services and I will b subject to the requirements of the State of Florida Financi I Disclosure Requirements_ vc,"� . ./1.. /2(/2c -- / ,-5/ 67. 0/l Signature of Applicant Da Email, mail or fax completed application &resume to: City of Aventura Office of the City Manager 19200 West Country Club Drive, Aventura, FL 33180 305-466-8910 Fax: 305-466-8919 ANNETTE WEISSMAN 20201 EAST COUNTRY CLUB DRIVE UNIT: 504 AVENTURA, FLORIDA Aventura Community Services Committee: I am interested in serving on the Aventura Community Services Committee. My experience as a teacher and Principal with the Miami Dade County Public School System will assist me in knowing and serving the interests of the people in Aventura. I lived and worked with the Aventura community, both the parents and their children,for many years and understand what is important to them. My Backgrouund: Principal Norman S. Edelcup Sunny Isles Beach K-8 Principal Ojus Elementary School Assistant Principal Fienberg Fisher K-8 Community Interested in the Arts (CIA) Active Member Aventura Turnberry Jewish Center My background and my interest in the Cultural Arts Center activities for all residents will support the Aventura Community Services Committee's efforts to ensure a high quality of life within this city which is my home. If you need additional information or references feel free to contact me at: 305 788-3737 Sincerely, Dr. Annette Weissman CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission 0 FROM: Ronald J. Wasson, City Mana'er DATE: February 11, 2019 SUBJECT: Amendment to City Code Chapter 31, Article XII, Non Conforming Uses and Structures (City Manager) RECOMMENDATION It is recommended that the City Commission provide consensus to proceed with an Ordinance to amend City Code Chapter 31, Article XII to exempt alteration or enlargement of a lawfully nonconforming structure. If you have any questions, please feel free to contact me. RJW/act Attachment CC01778-19 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson City Manager BY: Joanne Carr, AICP Community Development Director DATE: February 15, 2019 SUBJECT: Proposed Amendment to City Code Chapter 31, Article XII, Non- Conforming Uses and Structures February 21, 2019 City Commission Workshop I. THE REQUEST The new owner of the Imperial Club Assisted Living Facility (ALF) on NE 183 Street proposes to upgrade the exterior and interior of the building. The exterior improvements include painting, porte-cochere and signage. Interior improvements include removal and enclosure of the existing outdoor pool area to provide a new common area and amenities for the ALF residents. II. BACKGROUND The property is zoned B2, Community Business District. An Assisted Living Facility is not a permitted use in this district. The building was constructed under Miami-Dade County Code approval, prior to incorporation of the City's Land Development Regulations. The use is considered legal non-conforming. Article XII of the City Code regulates non-conforming uses and structures. It provides that a nonconforming structure shall not be expanded or extended beyond the floor area or lot area that it occupied on the effective date of the Land Development Regulations, that is, on July 13, 1999, unless approved as a conditional use with specific conditions listed in Section 31-276. This property cannot meet those specific conditions; therefore, the current regulation would not permit the proposed enclosure of the outdoor pool area for use as resident amenities. The applicant is requesting an amendment to Article XII to exempt alteration or enlargement of a lawfully nonconforming Assisted Living Facility use or structure, where the alteration or enlargement is limited to common areas and amenities for the ALF only and does not increase the number of beds, number of employees and/or building height. III. THE PROPOSAL The proposed text change to the nonconforming use and structure regulation is shown in red text below. "ARTICLE XII. - NONCONFORMING USES AND STRUCTURES Sec. 31-271. - Purpose and scope. The purpose of this chapter is to regulate and limit the development and continued existence of uses, structures, and lawful lots established prior to the effective date of these LDRs which do not conform to the requirements of these LDRs. Many non- conformities may continue, but the provisions of this chapter are designed to curtail substantial investment in nonconformities and to bring about their eventual improvement or elimination in order to preserve the integrity of these regulations and the character of the City. Any nonconforming use, structure, or lot which lawfully existed as of the effective date of these LDRs and which remains nonconforming, and any use, structure, or lot which has become nonconforming as a result of the adoption of these LDRs or any subsequent amendment to these LDRs may be continued or maintained only in accordance with the terms of this chapter. Sec. 31-272. - Expansion of nonconforming use or structure. A nonconforming use or structure shall not be expanded or extended beyond the floor area or lot area that it occupied on the effective date of these LDRs or the effective date of any amendment to these LDRs rendering such use nonconforming, except as provided for development determined to have vested rights pursuant to subsection 31-3(b)(2).or as provided in this Article. Sec. 31-273. - Discontinuation or abandonment of a nonconforming use or structure. If a nonconforming use or structure is discontinued or abandoned, whether intentionally or not for a period of 90 consecutive days, including any period of discontinuation or abandonment before the effective date of these LDRs, then that use or structure shall not be renewed or re-established and any subsequent use of the lot or structure shall conform to the use regulations of the land use district in which it is located. 2 Sec. 31-274. - Change of use. A nonconforming use may be changed to a permitted use or conditional use for the zoning district in which the property is located subject to the review and approval requirements of the appropriate zoning district and Conditional Uses Regulations contained in these LDRs. Sec. 31-275. - Repair or reconstruction of nonconforming structure. (a)Ordinary repairs and maintenance may be made to a nonconforming structure. The Community Development Department shall determine what constitutes "ordinary repairs and maintenance", in accordance with the criteria that such repairs and maintenance do not substantially alter the structure, result in a change of occupancy of the structure or contravene or circumvent other provisions hereof. (b)If a nonconforming structure is destroyed or damaged by a fire, flood, windstorm, or similar abnormal and identifiable event, and the cost of restoring the structure to its condition which existed immediately prior to the event does not exceed 50 percent of the cost of replacing the entire structure, then the structure may be restored to its original nonconforming condition, provided that a building permit is secured and reconstruction is started within 365 days from the date of the damage, and such reconstruction is diligently pursued to completion prior to the expiration of building permits. (c)If a nonconforming structure is destroyed or damaged by a fire, flood, windstorm, or similar abnormal and identifiable event, and the cost of restoring the structure to its condition existing immediately prior to the event exceeds 50 percent of the cost of replacing the entire structure, then the structure shall not be restored unless the structure as restored, and the use thereof, will thereafter conform to all requirements of the zoning district in which it is located. Notwithstanding the above, structures may be restored when all of the criteria listed below are met. (1) Provides no greater height, provides no greater number of dwelling units (as to residential structures) and no greater quantity of square feet of gross floor area (as to commercial structures) than that which lawfully existed immediately prior to the event of destruction; and (2) Requires a variance, if any, only from setbacks, lot coverage, height, floor area ratio, motor vehicle parking area, landscaping, open-space or similar criteria, if the grant of such variance would result in development which is still compatible with surrounding uses and structures and does not result in restoring a non-conforming land use which is specifically prohibited as a use by the LDRs. Compatibility shall be determined upon application for a variance pursuant to section 31-76, except that the specific compatibility criteria described below shall be used in lieu of the unnecessary hardship standard of section 31-76(e). 3 (3) In accordance with paragraph (2) above, restoration shall be found to be compatible if each of the elements for which a variance is necessary, when balanced with all features of the proposed restoration, do not impair the purposes of these LDRs in assuring that the grant of a variance: a. Maintains the basic intent of the LDRs; b. Is not detrimental to the appearance of the community as protected by the LDRs; c. Is compatible with the surrounding land uses and structures and is not detrimental to the community. (d)The restriction upon restoration and rebuilding which is provided by subsection (c) above, shall not apply to damages or destruction to any residentially developed property which damage or destruction is caused by a hurricane or other natural disaster affecting a substantial portion of the community and not primarily affecting an isolated property or development. This provision is intended to avoid disruption of housing availability and to avoid inconvenience to the residential population. (e)The restriction upon restoration and rebuilding which is provided by subsection (c) above, shall not apply to damages or destruction to any property within a Community Facility zoning district or commercially developed property which damage or destruction is caused by a hurricane or other natural disaster affecting a substantial portion of the community and not primarily affecting an isolated property or development. This provision concerning commercially developed property shall not be applicable to the City's redevelopment area described on Exhibit "1" attached hereto and incorporated herein [by reference]. This provision concerning commercially developed property is intended to avoid disruption of economic resources and employment centers within the City so as to assure continued economic growth and development. This subsection (e) shall not be applicable to sign structures. Sec. 31-276. - Alteration or enlargement of nonconforming structure. (a) Except as provided in this section, a nonconforming structure shall not be enlarged in any manner or undergo any structural alteration unless to make it a conforming structure. Such alteration or enlargement may be permitted provided that: (1)The enlargement or alteration itself conforms to the requirements of these regulations; and (2) The total structure as enlarged or altered does not diminish the total required yard area or exceed the maximum density or intensity limit for the applicable district; and (3)The use of the structure is conforming; and (4) The property owner or developer secures conditional use approval for the enlargement or addition in accordance with the procedures in these LDRs. 4 (b) This section shall not bar an alteration or enlargement which is authorized by subsection 31-3(2)b., concerning vested rights, under those circumstances in which the right to alter or enlarge an existing lawfully nonconforming structure is vested. (c) This section shall not bar an alteration or enlargement of a lawfully nonconforming Assisted Living Facility (ALF) use or structure, existing at the date of adoption of this section (c), where such alteration or enlargement is limited to common areas and amenities for the ALF only and does not increase the number of beds, number of employees and/or building height Sec. 31-277. - Moving of nonconforming structure. A nonconforming structure shall not be moved in whole or in part to any other location unless every portion of such structure and the use thereof is made to conform with all requirements for the district to which such structure is moved. The moving of the structure also shall comply with the requirements of other applicable City regulations. Sec. 31-278. - Nonconforming lots of record. (a)Subdivision of nonconforming lots. When two or more contiguous, vacant, nonconforming lots of record are in a single ownership, if such lots are subdivided, they must be subdivided in such manner as will make them conforming. If this is impossible or impractical the City Commission may grant such variance from this requirement in conformance with the requirements of subsection 31-76(e) of these regulations." IV. ANALYSIS OF THE REQUEST The request presents a policy decision as to whether this proposed amendment is desirable for the City. The City Attorney's office has reviewed the proposed Code revision and approved it for legal sufficiency. The amendment would require an application by the applicant for amendment to the text of the Land Development Regulations. 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'k • • t „,'--.""-;,--,•-i4-.4---1;"4"-,-,44 S. ,.. fid' . ..� - �•' � s#.S / ' j3 u t ' . ' ' ' '. * '- Lin!. ,..... -i... , .,t a Ai stt k4 -L ��� ,, i , A 2 A J { t }3;4, yew 3.1,11`-„ , e f/' _ .„..,s. kn .v,.-# .—'•.�,tea--,.. ," 3 y r . � rA t ' 1 �: $ it' t S A ff f p SS iA i tU. I k T« f $ :, r S _ y£ + } i• $ . T:/ r`° 4 i .. j . r . +d ez 0, •e ' � bac` .Sw . re x� ..., �' e ......... _ ,,. - ...., . 4,00.0.-, . '. - . CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manag:r / DATE: February 11, 2019 SUBJECT: Proposed Amendment to City Sign Code (City Manager) RECOMMENDATION It is recommended that the City Commission provide consensus to proceed with an Ordinance to amend the City's Sign Code. If you have any questions, please feel free to contact me. RJW/act Attachment CC01781-19 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Was-•n City Manager BY: Joanne Carr, AICFk/ Community Development Director DATE: February 15, 2019 SUBJECT: Proposed Amendment to City Code Chapter 31, Article IX, Sign Regulations to provide regulations for temporary graphic wrap for construction fences February 21, 2019 City Commission Workshop I. THE REQUEST Staff has received a request for a graphic wrap for a construction fence for the hospital expansion on Biscayne Boulevard. The current sign code prohibits signs on fences. II. BACKGROUND Section 31-191(f) of the City Code is the list of prohibited signs. The prohibitions include signs erected or painted on fences or wall enclosures. Staffs historical interpretation and application of the sign code is that prohibited signs cannot be permitted through the variance process. Staff has therefore historically advised developers that graphic fence wraps are not permitted on construction fences. The usual construction fence material is chain link, but it may be metal picket or solid wood. A solid green vinyl covering has been allowed to control dust and screen the construction site from view. III. THE PROPOSAL An amendment to the sign code would be required to allow graphic wraps on construction fences. The proposed text change is shown in red text below. "ARTICLE IX. - SIGN REGULATIONS Sec. 31-191. - Sign regulations generally. (a) Intent and purpose. The purpose of this section is to promote and protect the public health, safety and general welfare by regulating existing and proposed signs and other street graphics within the City. In particular, this section is intended to preserve the unique aesthetic character of the City and ensure that signs are compatible with their surroundings. It is further intended to protect property values, create a better business climate, enhance the physical appearance of the community, preserve the natural beauty of the City and improve vehicular and pedestrian safety and reduce visual pollution. It is the belief of this City Commission that the nature of signs is to provide an index to needed goods and services. It is the intention of this section to control those signs and to authorize the use of signs that are: (1) Compatible with their surroundings. (2) Expressive of the identity of individual proprietors or of the community as a whole. (3) Legible under the circumstances in which they are seen. (4) Effective in indexing the environment. (5) Conducive to promoting traffic safety by preventing visual distraction. (e) Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: *** Temporary Graphic Wrap for Construction Fence: A vinyl mesh sign covering all of an approved and permitted construction fence for an ongoing construction project. Graphics shall be designed to enhance the aesthetics of the fence and to identify the project to be constructed, but not as an attention-getting device. No projecting. rotating, blinking, swinging or streaming portions of the wrap and/or illumination shall be permitted. The wrap shall be securely affixed to the fence and maintained in good repair at all times. (0 Prohibited signs. The following are prohibited: 17) Signs erected or painted on fences or wall enclosures except as specifically permitted in this section. (k) Temporary signs. Temporary signs shall comply with the following restrictions, conditions, and limitations: (1) No placement on right-of-way or other public property. No temporary sign shall be placed on any public right-of-way or on property owned or used by the City. 2 (2) Placement of temporary signs; no placement on vacant lot, utility poles, official signs, etc. No temporary sign shall be placed upon any vacant parcel without the written consent of the property owner filed with the City Clerk prior to posting of the sign. No temporary sign shall be placed upon any public utility pole or equipment, tree, traffic control device or structure, bridge, guardrail, or official sign, or held or displayed in a manner which creates an obstruction of a public right-of-way or sidewalk or creates a traffic hazard. (3) Bond. Prior to the installation and/or construction of a temporary sign in accordance with this subsection (k), the applicant shall post or cause to be posted with the City Clerk a refundable cash bond in the minimum amount of$500.00. (4) Exemption from bond requirement. Any applicant placing less than four temporary signs not exceeding a size of ten square feet per sign shall be exempt from the requirement of a cash bond. Any candidate for elected office who has satisfied his or her qualifying fee requirement pursuant to the alternate means authorized by F.S. § 99.095 or § 99.0955, (the petition method of qualifying) shall be exempt from the requirement of posting the cash bond. (5) Permitted districts; time of posting and removal. Temporary signs shall be permitted in all zoning districts, as provided in this section. Unless otherwise specified below, no temporary sign shall be posted more than 90 days prior to the time of the event to which it relates, or permitted to remain longer than seven days after the event to which it relates. If a person placing a temporary sign fails to remove all temporary signs within the stated timeframe, he or she shall forfeit the refundable cash bond and the City shall remove the sign. The sign removal requirements of this subparagraph do not apply to bumper stickers on vehicles or campaign buttons on people. (6) Location near easement or street. No temporary sign shall be placed within five feet of any easement of the property upon which the sign is located. No temporary sign shall be located within ten feet of the edge of the right-of-way. Temporary signs shall be located solely on the property side of the sidewalk if there is a sidewalk unless held by an individual occupying the sidewalk or right-of-way. (7) Traffic hazards. No temporary sign shall be located on property in such a manner as to interfere with or present a hazard to the flow of traffic along the streets adjacent to the property upon which the temporary sign is located. (8) Responsibility for hazards; responsibility for removal of signs. All property owners shall be responsible for any hazard to the general public which is caused by, or created by reason of, the installation and/or maintenance of the temporary signs on his, her or its property. The property owner shall also be responsible for the timely removal of such signs in accordance with the requirements of subsection (5) of this section. In the event of an announcement by the National Weather Service that the City is under a hurricane watch, the person placing a sign shall remove the sign within 24 hours of the announcement of the hurricane watch. Failure to remove the sign within 24 hours of the announcement shall cause the City to remove the sign in accordance with the provisions of subsection (5) of this section. 3 (9) Enforcement. Any temporary sign not posted or removed in accordance with the provisions of this subsection, and any such sign which exists in violation of this section, shall be deemed to be a public nuisance and shall be subject to removal and confiscation by the City. If the City removes the sign, the City Manager or his designee shall deduct the cost and expense of removal from the posted cash bond. The City shall not be responsible for the damage or destruction of any sign which is removed in accordance with this provision. (10) Illumination. Temporary signs shall not be illuminated. (11) Temporary signs must be posted in accordance with the following tables. (12) Temporary Graphic Vinyl Mesh Wrap for Construction Fence: Residential District Nonresidential District Approvals Sign permit required. Sign permit required. necessary: Number One wrap, covering all of an approved One wrap.coverina all of an approved (maximum): and permitted construction fence. and permitted construction fence. Sign area Wrap covering the height and width of Wrap covering the height and width of fmaximum): approved and permitted construction approved and permitted construction fence. fence. Length of Permitted for a 12-month period from Permitted for a 12-month period from display: date of construction fence permit date of construction fence permit issuance or until construction fence issuance or until construction fence removed, provided that active removed, provided that active construction is ongoing. construction is ongoing Other Sign copy may include (i) project Sign copy may include (i) proiect restrictions: name; (ll) rendering; OH) nature of name; (ii) rendering; (iii) nature of development; (iv) general contractor development: (iv) general contractor Iv) architect: (vi) lending institution' Jy) architeck (vi) lending institution; (vii) (vii) owner or agent; (viii) phone owner or agent: (viii) phone number number; and (ix) green building and (ix) green building program 4 program participation. if applicable. participation, if applicable. Wrap shall be securely affixed to the Wrap shall be securely affixed to the construction fence. No protecting construction fence. No projecting, rotating. blinking, swinging or rotating, blinking. swinging or streaming portions of the wrap and/or streaming portions of the wrap and/or illumination permitted. illumination permitted. Wrap to be maintained in secured Wrap to be maintained in secured condition and good repair at all times. condition and good repair at all times IV. ANALYSIS OF THE REQUEST The request presents a policy decision as to whether this proposed amendment is desirable for the City. The City Attorney's office has reviewed the proposed Code revision and approved it for legal sufficiency. The addition of graphic wraps for construction fences would require an amendment to the text of the Land Development Regulations. That change would be processed using the criteria for amendment to the text of the Land Development Regulations in Section 31-77 of the City Code. If the amendment is approved, the new regulation would apply City-wide. 5 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager DATE: February 11, 2019 SUBJECT: Discussion of Proposed Resolution Supporting the Newly Recognized President of Venezuela (Commissioner Mezrahi) RECOMMENDATION Commissioner Gladys Mezrahi requested the above matter be placed on the Workshop Agenda for discussion. If you have any questions, please feel free to contact me. RJW/act Attachment CC01779-19