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. That application would be processed using the criteria for amendment to
the text of the Land Development Regulations in Section 31-77 of the City Code.
5
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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.
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(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.
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(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
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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.
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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