April 2, 2019 Local Planning Agency Meeting Agenda City Manager
City Commission Ronald J.Wesson
]Enid Weisman,Mayor
Dr.Linda Marks,Vice Mayor = City Clerk
Denise Landman,Commissioner t� ]Ellllisa L.Horvath,MMC
Gladys Mezrahi,Commissioner
Marc Narotsky,Commissioner City Attorney
Robert Shelley,Commissioner Weiss Scrota Helfman
Howard Weinberg,Commissioner �� � p�s� Cole&Bierman
LOCAL PLANNING AGENCY
MEETING AGENDA
APRIL 2, 2019
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: March 12, 2019
4. PUBLIC HEARING: MOTION RECOMMENDING ADOPTION OF THE
FOLLOWING ORDINANCE:
AN ORDINANCE OF THE CITY OF AVENTURA,FLORIDA AMENDING ARTICLE
XII, "NONCONFORMING USES AND STRUCTURES," OF CHAPTER 31, "LAND
DEVELOPMENT REGULATIONS" OF THE CITY CODE TO ADD REGULATION
FOR ALTERATION OR ENLARGEMENT OF LAWFULLY NONCONFORMING
ASSISTED LIVING FACILITY (ALF) USES OR STRUCTURES; PROVIDING FOR
SEVERABILITY;PROVIDING FOR INCLUSION IN THE CODE;AND PROVIDING
FOR AN EFFECTIVE DATE.
5. ADJOURNMENT
This meeting is open to the public.In accordance with the Americans with Disabilities Act of 1990,all persons who are
disabled and who need special accommodations to participate in this meeting because of that disability should contact
the Office of the City Clerk,305-466-8901,not later than two days prior to such proceeding. One or more members of
the City of Aventura Advisory Boards may be in attendance and may participate at the meeting. Anyone wishing to
appeal any decision made by the Aventura City Commission with respect to any matter considered at such meeting or
hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the
proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. Agenda
items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 19200 W. Country Club
Drive,Aventura,Florida,33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at
305-466-8901.
The City of MINUTES
�c} Government Center
�Y'entuJ1�ye a LOCAL PLANNING AGENCY 19200 W Country Club Drive
MEETING Aventura, Florida 33180
----: MARCH 12, 2019 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 Dr. Linda Marks, Commissioner Denise Landman, Commissioner
Gladys Mezrahi, Commissioner Marc Narotsky, Commissioner Robert Shelley,
Commissioner Howard Weinberg, City Manager Ronald J. Wasson, 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 Anya Malek
3. APPROVAL OF MINUTES: A motion to approve the minutes of the July 10,
2018 meeting was offered by Commissioner Narotsky, seconded by Commissioner
Shelley, and unanimously passed by roll call vote.
4. PUBLIC HEARING: MOTION RECOMMENDING ADOPTION OF THE
FOLLOWING ORDINANCE: Mr. Wolpin read the following Ordinance by title and noted
that the staff report and any comments provided for the item would be included in the
record by reference, for the same item on the regular Commission Meeting Agenda:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING ARTICLE
IX, "SIGN REGULATIONS," OF CHAPTER 31, "LAND DEVELOPMENT,
REGULATIONS" OF THE CITY CODE TO ADD A DEFINITION OF AND
REGULATION FOR TEMPORARY GRAPHIC WRAPS ON CONSTRUCTION
FENCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; ANI) PROVIDING FOR AN EFFECTIVE DATE.
A motion to recommend adoption of the Ordinance was offered by Commissioner
Landman and seconded by Commissioner Mezrahi.
Community Development Director Joanne Carr entered the staff report into the record.
Mayor Weisman opened the public hearing. There being no comments, Mayor Weisman
closed the public hearing.
The motion to recommend adoption of the Ordinance was unanimously passed, by roll
call vote.
5. ADJOURNMENT: There being no further business to come before the Local
Planning Agency, a motion to adjourn was offered by Commissioner Landman,
seconded by Commissioner Narotsky and unanimously passed; thereby, adjourning the
meeting at 6:06 p.m.
City of Aventura Local Planning Agency Meeting Minutes
March 12,2019
Ellisa L. Horvath, MMC, City Clerk
Approved by the Local Planning Agency on April 2, 2019.
Page 2 of 2
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission /
FROM: Ronald J. Wasso /�
City Manager
BY: Joanne Carr, AIC Sf
Community Development Director
DATE: March 28, 2019
SUBJECT: Proposed Amendment to City Code Chapter 31, Article XII, Nonconforming
Uses and Structures to add exemption for improvement of Assisted Living
Facilities (02-LDR-19)
April 2, 2019 Local Planning Agency Agenda Item g
April 2, 2019 City Commission Meeting Agenda Item j
May 7, 2019 City Commission Meeting Agenda Item _
RECOMMENDATION
As discussed at the City Commission workshop meeting of February 21, 2019, the
attached ordinance is presented for recommendation by the Local Planning Agency and
approval by the City Commission of a request to amend Section 31-272 "Expansion of
nonconforming use or structure" and Section 31-276 "Alteration or enlargement of
nonconforming structure" to add an exemption for alteration or enlargement of a lawfully
nonconforming Assisted Living Facility uses or structures.
THE REQUEST
Imperial Club, LP, is requesting an amendment to the Nonconforming Uses and Structures
Article in the City's Land Development Regulations to permit alteration and enlargement of
an existing Assisted Living Facility at 2751 NE 183 Street, City of Aventura. The
applicant's letter of intent is attached as Exhibit #1 to this staff report.
BACKGROUND
The new owner of the Imperial Club Assisted Living Facility 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.
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 nonconforming.
Article XII of the City Code regulates nonconforming 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 the 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 of the City's Land Development
Regulations 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 Assisted Living Facility only and does not increase the number
of beds, number of employees and/or building height.
DESCRIPTION OF THE PROPOSED AMENDMENT
The proposed amendment to the Nonconforming Uses and Structures regulation in the
Land Development Regulations follows in underlined text:
"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.
2
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. 31-276. -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.
(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 (ALA 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.
ANALYSIS
Staff provides the following analysis of the request using the standards for reviewing
proposed amendments to the text of the Land Development Regulations contained in
Section 31-77(g) of the City Code.
1. The proposed amendment is legally required.
The proposed amendment is legally required to implement the requested revision to
the Code.
3
2. The proposed amendment is consistent with the goals and objectives of the
Comprehensive Plan.
The proposed amendment is consistent with the goals and objectives of the
Comprehensive Plan, specifically, Objective 1 and its measure of the Land Use Goal in
the Future Land Use Element which states that "the Land Development Regulations
shall provide a cohesive blueprint for development and redevelopment of the City that
accommodates growth while maintaining the integrity of the built and natural
environment." The measure of Objective 1 above is incorporation of policy provisions
in to the Land Development Regulations. This amendment incorporates a policy
decision for alteration or enlargement of existing, lawfully nonconforming Assisted
Living Facility uses and structures.
3. The proposed amendment is consistent with the authority and purpose of the LDRs.
The proposed amendment is consistent with the authority and purpose of the Land
Development Regulations. The purpose of the LDRs is to implement further the
Comprehensive Plan of the City by establishing regulations, procedures and standards
for review and approval of all development and uses of land and water in the City.
4. The proposed amendment furthers the orderly development of the City.
The proposed amendment furthers the orderly development of the City, for the reason
provided in Paragraph 3 above.
5. The proposed amendment improves the administration or execution of the
development process.
The proposed amendment improves the administration or execution of the
development process in that it provides for regulation and a process by which to
approve alterations or enlargements of existing, legally nonconforming Assisted Living
Facilities under the conditions described in the amendment.
4
BERCOW RADELL FERNANDEZ & LARKIN
ZONING, LANID USE ANO ENVIRONMENTAL LAW
DIRECT LINE:(305)377-6238
E-MalI: mmarreroDER sninalaw.coir
VIA HAND DELIVERY
Can
March 8,2019
Joanne Can,Planning Director 0?,
City
19200 WestCountry Country Club Drive,4th Floor
Aventura,Florida 33180
Re: Imperial Club - Text Amendment for Nonconforming ALF Buildings in the
City
Dear Joanne:
This law firm represents Imperial Club, LP with regard to the improvements
and redevelopment of the Imperial Club at 2751 NE 183rd Street (the "Property").
This letter shall serve as the Applicant's letter of intent for an amendment to the
City's land development regulations (LDRs). The proposed amendment would
allow nonconforming assisted living facilities (ALFs) that were developed under the
Miami-Dade County Code to make improvements to their common and amenity
areas, so long as they do not increase the amount of units in the buildings.
The Property and Proposal. The Property is a 1.37 acres parcel and is zoned
13-2. Currently, the Imperial Club senior housing and ALF building constructed in
1986 sits on the Property. The proposed improvements to the Property includes the
conversion of the pool area (which is heavily underutilized today) into more useable
amenity and common area space. These proposed new uses will include fitness
facilities, improved dining areas, meeting areas and a media room In order to
facilitate the development of these improved areas for the building, the proposed
code amendment will be required.
Such language can read as follows,in the LDRs:
31-276:
Exhibit #1
02-LDR-1 9
SO TEAST RUNCNL C9tIW•200 SOUTH BBCAY1E BOULEVARD, SUITE ESO.PAWN, FLORIDA 88191
PHONE.303.3748300•RUC 900.87/.8"122.W W W.BRIONINGUON.COM
Ms.Joanne Can
March 8,2019
Page 2 of 3
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.
(b) This section shall not bar an alteration or enlargement which is authorized by
subsection 3I-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) structure, existing at the date of
adoption of this paragraph (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.
Set,lion 33-77(g) of the City Code provides standards that staff and the City
Commission shall consider when reviewing proposed amendments to the text of the
City's Land Development Regulations (the "LDRs"). The Applicant's request
addresses each of the standards as follows:
(1) The proposed amendment is legally required.
In order for the Imperial Club to improve as envisioned, the proposed
amendment to the LDRs must be approved and is thus required.
(2) The proposed amendment is consistent with the goals and objectives
of the Comprehensive Plan.
BERCOW RADELL FERNANDEZ & LARKIN
ZONINGS, LANG USE ANO ENVIRONMENTAL LAW
Ms.Joanne Can
March 8,2019
Page 3 of 3
The proposed changes are consistent with the goals and objectives of the
Comprehensive Plan,specifically the Business and Office designation
(3) The proposed amendment is consistent with the authority and purpose
of the LDR.
The proposed amendment is consistent with the authority and purpose of the
LDRs,as described in Section 31-2 of the City Code. Specifically,the intensity
of any uses impacted by this code amendment will not be affected because
units cannot be increased.
(4) The proposed amendment furthers the orderly development of the
City.
The proposed amendment certainly furthers the orderly development of the
City. It allows existing ALFs that were approved under the Miami-Dade
County Code to be improved and provide better services for residents of
these facilities.
(5) The proposed amendment improves the administration or execution of
the development process.
Since the uses being proposed are consistent with the goals and objectives of
the comprehensive plan, the approval of the amendment will improve the
administration or execution of the development process. Otherwise, ALFs
which were developed a few decades prior will not be able to undergo
reasonable improvements.
Conclusion. For all the foregoing reasons, the applicant respectfully
requests your department's favorable review and recommendation of this
application. Should you have any questions, comments, or require additional
information, please do not hesitate to phone my direct line at(305)377-6238.
Sincerely,
Tr
Michael J. Marrero
cc: David Wolpin,City Attorney
BERCOW RADELL FrRNANDEZ & LARKIN
ZONING. LANO VGE ANO ENVIRONMENTAL LAW
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ORDINANCE NO. 2019-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING
ARTICLE XII, "NONCONFORMING USES AND STRUCTURES," OF
CHAPTER 31, "LAND DEVELOPMENT REGULATIONS" OF THE CITY
CODE TO ADD REGULATION FOR ALTERATION OR ENLARGEMENT
OF LAWFULLY NONCONFORMING ASSISTED LIVING FACILITY
(ALF) USES OR STRUCTURES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City Commission desires to add regulation for alteration or
enlargement of lawfully nonconforming Assisted Living Facility uses or structures to
Article XII, "Nonconforming Uses and Structures," of Chapter 31 of the City Code; 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.
City of Aventura Ordinance No.2019-
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT1:
Section 1. Recitals. The foregoing whereas clauses are hereby ratified and
incorporated within this Ordinance.
Section 2. City Code Amended. That Article XII, "Nonconforming Uses and
Structures," Section 31-272 - "Expansion of nonconforming use or structure." and
Section 31-276 - "Alteration or enlargement of nonconforming structure." of Chapter 31
"Land Development Regulations" of the City Code are hereby amended to read as
follows:
"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)7 or as provided in this Article.
***
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' Underlined provisions constitute proposed additions to existing text of City Code; stricken through provisions
indicate proposed deletions from existing text of City Code.
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City of Aventura Ordinance No.2019-
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.
(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.
Section 3. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining sections, sentences, clauses, and phrases of this Ordinance but they
shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 4. Inclusion in the Code. It is the intention of the City Commission,
and it is hereby ordained that the provisions of this Ordinance shall become and be
made a part of the Code of the City of Aventura; that the sections of this Ordinance may
be renumbered or re-lettered to accomplish such intentions; and that the word
"Ordinance" shall be changed to "Section" or other appropriate word.
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City of Aventura Ordinance No.2019-
Section 5. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Commissioner , who moved
its adoption on first reading. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Denise Landman
Commissioner Gladys Mezrahi _
Commissioner Marc Narotsky
Commissioner Robert Shelley _
Commissioner Howard Weinberg
Vice Mayor Dr. Linda Marks _
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 Gladys Mezrahi
Commissioner Marc Narotsky
Commissioner Robert Shelley _
Commissioner Howard Weinberg
Vice Mayor Dr. Linda Marks _
Mayor Enid Weisman
PASSED on first reading this 2nd day of April, 2019.
PASSED AND ADOPTED on second reading this 7th day of May, 2019.
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City of Aventura Ordinance No. 2019-
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
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