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04-06-2020 Local Planning Agency Meeting Agenda City Manager Citi Commission � Ronald Jo Wasson ]Enid Weisman,Magor Mare Narotskg,Vice Magor Citi Clerk Denise Landman,Commissioner E11isa L.Horvath,MMC Dr.Linda Marlys,Commissioner Gladys Mezrahi,Commissioner Citi Attorney Robert Shelley,Commissioner �� Weiss Scrota Heifman �[oward Weinberg,Commissioner Colle&Bierman ad :5111G LOCAL PLANNING AGENCY MEETING AGENDA APRIL 6, 2020 at 6:00 p.m. Via Virtual Communications Media Technology This meeting shall be held in accordance with the Governor's Executive Order 2020-69. Because of COVID-19, and the need to ensure the public health, safety and welfare, this meeting will be conducted remotely via Zoom. Due to the on-going state of emergency and the recommendations from all public health authorities, the City of Aventura recommends that all persons view and participate in the meeting through electronic means. Members of the public wishing to access the meeting, please do so as follows: Join the Zoom Meeting from your computer, tablet, or smartphone at: Zoom.us/join Meeting ID: 287 634 514 You can also dial in using your phone to the any of the following numbers: +1 312 626 6799 US (Chicago) +1 929 205 6099 US (New York) +1 346 248 7799 US (Houston) +1 669 900 6833 US (San Jose) +1 253 215 8782 US +1 301 715 8592 US Meeting ID: 287 634 514 Members of the public will be allowed to provide comments via audio when directed by the Mayor to do so. If you tap the screen on your cellphone or tablet, you will see an option to "Raise Hand to Talk." If you call in to the meeting, press *9 to "Raise Hand to Talk." The City Clerk will notify the Mayor there are public comments and will notify you when it is your turn to speak by turning your microphone on. City Manager Citi Coininission Ronald Jo Wasson ]Enid Weisman,Mayor Marc Narotsky,Vice Mayor Citi Clerk Denise Landman,Commissioner t� ]Ellisa L.Horvath,MMC Dr.Linda Marks,Commissioner Gladys Mezrahi,Commissioner Citi Attorney Robert Shelley,Commissioner ti � F� Weiss Scrota Hellfman, Howard Weinberg,Commissioner �� p�s� Cole&Bierman LOCAL PLANNING AGENCY MEETING AGENDA APRIL 6, 2020 6:00 p.m. Via Virtual Communications Media Technology 1. CALL TO ORDER\ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF MINUTES: April 2, 2019 4. PUBLIC HEARING: MOTION RECOMMENDING ADOPTION OF THE FOLLOWING ORDINANCE: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING CHAPTER 4, ALCOHOLIC BEVERAGES, OF THE CITY'S CODE OF ORDINANCES, BY AMENDING SECTION 4-2, LOCATION OF ESTABLISHMENTS, TO CLARIFY APPLICABILITY AND TO REVISE EXCEPTIONS; AMENDING CHAPTER 31, LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTION 31-171, OFF STREET PARKING, LOADING AND DRIVEWAY STANDARDS, TO ADD REGULATIONS FOR ELECTRIC VEHICLE CHARGING STATIONS AND SPACES; AMENDING CHAPTER 31, LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTIONS 31-143, RESIDENTIAL ZONING DISTRICTS, SECTION 31-144, BUSINESS ZONING DISTRICTS AND SECTION 31-145, TOWN CENTER ZONING DISTRICTS TO CLARIFY APPLICABILITY OF CONDITIONAL USES; AMENDING CHAPTER 31, LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTION 31-21, DEFINITIONS, TO CLARIFY DEFINITION OF ACCESSORY USE; AMENDING CHAPTER 31, LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTION 31-191, SIGN REGULATIONS GENERALLY, BY AMENDING SECTION 31-191(F) TO REVISE AND ADD PROHIBITED SIGNS, BY AMENDING SECTION 31-191(,1) TO ADD WALL SIGNS FOR ASSISTED LIVING FACILITIES; AMENDING CHAPTER 31, LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTION 31-221, LANDSCAPING REQUIREMENTS TO ADD A DEFINITION AND REGULATION FOR USE OF ARTIFICIAL TURF; AMENDING CHAPTER 31, LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTION 31-147, COMMUNITY FACILITIES DISTRICT, SECTION 31-148, RECREATION/OPEN Aventura Local Planning Agency Meeting Agenda April 6, 2020 SPACE DISTRICT AND SECTION 31-149, UTILITIES DISTRICT, TO REVISE PERMITTED SIZE OF ABOVE GROUND FUEL STORAGE TANKS FOR EMERGENCY GENERATORS; 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 participate in 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 online at cityofaventura.com. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466-8901. Page 2 of 2 Thle `,,�. MINUTES Government Center r LOCAL ALANNING AGENCY 19200w.Country Club Drive i4ii, N, MEETING Aventura, Florida 33180 �P, APRIL 2, 2019 AT 6 PM 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid Weisman at 6:01 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 Ian Lumer. 3. APPROVAL OF MINUTES: A motion to approve the minutes of the March 12, 2019 meeting was offered by Commissioner Narotsky, seconded by Commissioner Landman, 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 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. A motion to recommend adoption of the Ordinance was offered by Commissioner Narotsky and seconded by Commissioner Mezrahi. Community Development Director Joanne Carr entered the staff report into the record. The following provided comments on behalf of the Applicant (Imperial Club, LP): Michael Marrero, Esq. — Bercow Radell Fernandez & Larkin (200 S. Biscayne Blvd. #850, Miami, FL). 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 Mezrahi, and unanimously passed; thereby, adjourning the meeting at 6:07 p.m. City of Aventura Local Planning Agency Meeting Minutes April 2, 2019 Ellisa L. Horvath, MMC, City Clerk Approved by the Local Planning Agency on April 6, 2020. Page 2 of 2 CITY COMMUNITY MEMORANDUM TO: City Commission Ronald Wasson City Manager : Joanne Carr, ICP Community Development Director ATE: April 3, 2020 SUBJECT: General Housekeeping and Updates to the City Code (L 2003®0 01) April 6, 2020 Local Planning Agency Agenda Item April 6, 2020 CityCommission ti May 5, 2020 City i ion Meeting Agenda I It is recommended that the City Commission approve staff's requests for update to the City Code detailed in this report and provided in the accompanying ordinance. IHE City staff is recommending general housekeeping and updates to the City Code. These updates are recommended for consistency with recent changes in legislation, for clarification of Code provisions, for facilitation of development review and to provide regulation for new technology. The specific proposals are as follows: 1. Chapter 4, Alcoholic Beverages, clarify ii Lounge Exemptions. Chapter 4 of the City Code regulates the sale and service of alcoholic beverages. It requires that the location of an establishment is at least 1500 feet from a business with an existing liquor license and at least 2500 feet from a school or place of worship. There are several exceptions to this location requirement; those being: ® Private clubs • Restaurants in B1, B2, TC1, TC2 and TC3 zoning districts that serve cooked, full course meals daily prepared on premises • Cocktail lounges in restaurants where full course meals are available at the bar and have at least 200 seats and 4000 square feet of floor area • Beer and wine sales from rocs stores • Bowling alleys • Hotels and motels with at least 100 guest rooms ® Golf course clubhouses ® Excursion, sightseeing or tour boats that serve full course meals and have at least 200 seats and 4000 square feet of floor area • Tennis clubs and indoor racquetball clubs with no less than 15 courts • Not for profit theatres with live performances with no fewer than 100 seats If an establishment does not meet the distance and spacing requirements and does not set the criteria for exemption, they may apply to the City Commission for conditional use approval. Recommendation 1® The exemption for restaurants limits the exemption to restaurants located in the B1, B2, TC1, TC2 and TC3 zoning districts. The other business districts; namely, Heavy Business (133), Office Park (OP) and Medical Office (MO) zoning districts also permit restaurants and should be included in the exemption. Staff recommends that the exemption be revised to include all zoning districts in which restaurants are a permitted use. Recommendation The exemption for cocktail lounges in restaurants requires that the restaurant have at least 200 seats and 4000 square feet of floor area. These criteria were based on the State liquor license regulations in effect at the time this chapter was adopted. In the past, several establishments have requested and received conditional use approval when they do not meet the seat count and floor area. The State regulation has recently reduced the square footage and seating requirement for the Specialty Food Service (SFS) Establishment liquor license from 4000 to 2500 square feet of service area and from 200 to 150 seats, when there is at least 51% of gross food and beverage revenue from the sale of food and nonalcoholic beverages. The Mate audits that percentage sixty days after the restaurant has opened and annually thereafter. Staff recommends a corresponding change to the City Code, with some further clarification that the cocktail lounge exemption applies only when it is accessory to a restaurant use and that the minimum floor area and number of seats is based on the indoor floor area and seating, Proposed Cha ter 4, Section _2(e), Exceptions to spacing and distance requirements. fRestaurants in 49Business and Town Center Zoning Districts. To dining rooms or restaurants located in the 4 , TG4 �� Business and Town Center Zoning Districts which comply with the requirements of such districts and serve cooked, full course meals, daily prepared can the premises, S 3 1 9 d , providing that only a service bar is used and alcoholic beverages are sold only to persons seated at tables. This exemption tion does not include cafes anchor kiosks that serve light areal , snacks anor hot and cold beverages. ( ) Cocktail lounge-bars in restaurants. To cocktail lounge-bars as an accessgM use in restaurants located in the Business and Torr QenLer orcin oratrcts which restaurants contain all necessary equipment and supplies for and serve full course meals regularly , have indoor accommodations for service o 150 or more patrons at tables, including indoor bars or counters at which full course meals are available, and occupies more than 500 square feet of indoor floor space, and Drovided that alcoholic bevera es are served for on- rerrtise consurrr tion only and that the cocktail lounge-bar use will be autos aticall to inate u on to ination of the restaurant use and the hours for the cocktail lou e-bar shall be not ° ten be oncl the e itted hours orf operation far the restaurant, Meals shall be available at the cocktail lounge-bar areabut this does not preclude service of an alcoholic beverage on1v without food as long as the establishment corrrlies with the food every e revenueercentaes re uireel b the Mate license. 11® Chapter 14, Articler permits, inspections, o i c t related servis . Section 14-91 of the City Code authorizes the City to impose fes for the issuance o building permits and provides that such fees shall be set and may be amended from time to time by resolution of the City Commission following a public hearing. Chapter 31, Article X1, Section 1-242, provides for installation of amplification systems in new buildings that fail to support adequate radio coverage for the City's Police Department's radio system or the City's Police Department's interoperability with other public safety communications. The Police Department has advised of a proliferation o amplification systems being installed as a result of the Miami Dade Fire Department's requirement to install them regardless of a need for these devices to support to Aventura system. As a result, the Police Department has to conduct more advanced testing for interference, with increased cost. To date, no separate fee is charged and the inspection and testing costs were considered as part of the building permit fee. The pre-testing evaluation fee charged to the City by the communications contractor is $255.00 and the post installation evaluation fee is $425,00. 3 Staff recommends that these two fees be added to the building permit fee schedule to recover costs incurred for the radio coverage testing in new buildings. Proposed iti to Buildingit Fee Schedule: Public Safety Radio System Protection - Pre-testing evaluation fee $255.00 Public Safety Radio System Protection - Post-installation evaluation fee $425.00 Ill® Chapter 31, Articlell, Off Street Parking, i riveway Standards t add definitions regulations for Electric VehicleCharging ti Staff s recently had a request from n electric vehicle manufacturer to install a supercharger station within an existing surface parking area in a commercial plaza. The manufacturer advised that they wish toad more supercharger stations to plazas throughout the City. The following definitions and regulations are proposed to facilitate installation of electric vehicle charging stations. There is an existing supercharger station on the ground floor and other single charging posts in the new garage in the Aventura Mail expansion. The City has also installed single charging posts in the Aventura Government Center parking garage and in Founder's Park. These installations did not pose a City Code concern because the location was either completely enclosed and/or parking spaces and drive aisles complied with the size and location required by CityCode. Installations on existing surface parking areas do pose a concern because many of the existing parking areas are non-conforming and charging cabinets are installed open-air, Recommendation: Staff recommends that a definition of electric vehicle charging station and standards for installation be added to theOff-Street Parking, Loading n rieay Standards section of Chapter 31, Land Development Regulations (LDR), of the City Code. Proposed Addition: Article VillOff-Street Parking, Loading and Driveway Standards Section -171 Off-Street parking and loading r . (a) General. Every building, use or structure, instituted or erected after the effective date of this chapter shall be provided with off-street parking facilities in accordance with the provisions of this section for the use of occupants, employees, visitors or patrons. Such off-street parking facilities shall be maintained and continued as an accessory use as long as the main use is continued. (6) Size and character of required parking. The following design requirements shall be observed for off-street parking.- k. Electric Vehicle Charging Stations and Spaces, in market demand for electric conduits and electrical and other infrastructure as mav be neves s-_ for the installation of electric vehicle charm far the crr cess of this section the fallowrin finitions .qhnfi anniv- Qi Electric Vehicle I"EV' rine ns an vehicle that oDerates either oanti fl or exclusi on electrical erre from an off-board source which is stored on-board bV the vehicle for Electric Veh tion of electrical every transmission le"Manent includi'l, r cabinets switch rear char rin oasts and or device rodrrcts era in aces all deli ne to transfer electric enter riv to an electric vehicle. Electric Vehicle ("EVI cha i ace means A Darkillf!"I ace that is confinualiv se ed b sfationa bene char in e tri intent that has as its nn'maryrrr ase the transfer of electric enercfv to an electric vehicle. ChajLfirrgr levels means the standardized indicators of electrical force or Volta e at which an electric vehicle's batteill is recha;i;;Ir, r ical electric vehicle clam W62�Ieve�ls and specifications are., Level I- Provides the r throzs h a f 2 salt ol, and does not rprillfre, installation of additional char in tai--ent. Can deliver 2to utiles of rane-r . perhoar of char in , est often aced in a es bi�f so times used at woo Ices. Level 2- Provides char l in Ir th'!i Iii;aft Mh a 240 volt for residentiaLand 208 volt for carry ercial fir and re crines installation of additional cha anent. Can deliver 10 to 20 miles of rang- per hour of chariia Used in homes worktilaces and lc_,_ ubfic Level ;IDC Fast aha e vides cha i thro fh 480 volt AC innut and vehicle itself Itr in hibrid vehicles t i do not have fast clean in abilities. Can deliver 60 to 80 miles of range in 20 minutes of chamin Used most often in nijhfir charm stations, es ecialfw�along heawfry is corfidors. 5 til') Electric vehicle (Ey Char ing station Standards. Ey charging stations are permitted in all residential and non-residential zoning tricts,dis sub°ecf to cor�tpliance with all of the followin_ regulations.° — - 1, Ey chargin stations shall be located within new or existin enclosed arkinr arages or within new or existing surface parking areas. If the char ing station includes Level 3 ( C Easf Charge} eguipr�tent, the chargin e uiprnenf, excluding the char inposfs and connectors, shall be located so that it is not visible from the public ri_ t of way or in the alternative, enclosed and secured in a manner corrtpafible with the site, as approved the Citi ana. er. . Ey ehar in stations, ether than Leve/ 1 and Level wall or pale mounted chargers, shall' be located in pankina gate es or on surfaceparkin lots with 100 or more re alar parking s aces. 3. Maximum height of Level 3 (DC fast chane char in station cabinet shall be 7 feet. Maximum height of Level 3 ( C fast charge) switchgear shall be 5 feet and maximum hei_ ht of Level 3 ( C fast charge) charge post shall be 6 feet. . No advertising, ether than information rewired by this Section> is permitted on char ing station signs, cabinets andlor char. ing station e ui menf. . An Ey charging station space may be counted towards the number of arkin s aces rewired Dursuant to this Article. however, the maximum number of electric vehicle charging station spaces cannot exceed ten 1101) of the number of rewired regular parking spaces. A maximum of fifty 501) percent of the electric vehicle charging station spaces rrta�be designed for sole use by one manufacturer s electric vehicle. xistin re_ alar arking spacesg coat ling with the standards of this Article, may be converted to Ey charging sfafion s aces. 7. Existing regular parking spacesa not cor�tpl in with the standards of this Articleg may be converted to Ey charaina spaces only when the affected parking spaces are brought into compliance with the standards of this Article. tiiil Electric vehicle Char ing station Space esin Ctandards Electric vehicle ("EV2 char in station spaces shall meet the following design standards, in addition to the other standards in this Article. 1. Each Ey charging station space shall be eauipped with a si n designating the parking space as an Ey parking spacee in accordance with the Manual on Uniform Traffic Control Devices ( UTCD) of the Federal Hi hwaAdministration. 2. The charaing post or connector shall contain safety inforrrration, narrre or lo_ of manufacturer and contact information for the owner of the charclinq station to allow consume to re ort issues relatin to the c har in station. . All components of the Ell charging station shall be elevated or designed so that it complies with the provisions of the Florida Building Code. EV charging stations shall contain a retraction device, coiled cordo or dace to harp cords and connectors above the ground surface. All such devices, cords and connectors shall be orida Building Code, 5, EV charging stations shall be lirrlited to personal use and shall not be used for the Durpose of wholesale or retail sales. . Ell charqinq stations shall not interfere with vehicle, bicycle or pedestrian access and circulations or with reur`red landsca info 7. Ell chaarance and repair. 3, For EV char in_ stations installed on surface aria lots, atl cabinets, switch. ar and other transmission eguipment Lother than char ing posts or connectors} related to the station shall be corrlpletelv enclosed. For EV charc litig stations installed in enclosed Parking garages, all emguiprnent (other than chargin posts or connectors} related to the station ,shall have safety screens around the �rtent. 9. l otwithstandirtve freestanding wheel stops in addition to f e rewired curbing to maximize safety of the char Ing s ace. 10. Administrative Waiver. Where the reguirerrtents of this article relate to the irlprovemen�t or t he expansion of n existin vehicular use area and where certain r quire@ ents in this Section and in Section jjz221, Landscaping Requirements, are considered by, the City Man to be either lrnosslble or lrrtpractrcal to qgM2ty with, without reducing the number or size of existinrarkin spaces andlor the rewired width of drive aisles, administrative relief from size and width of perimeter and for interior landscape buffer strips may e granted the Citi anager or his designee provided that the intent and purpose of Phis Section is not corrrprornised. 7 IV. t r 31, Article VII, Use Regulationsto clarify in RS1, RS2, RMF3, 1, , TC1, TC2 and TC3 zoningdistricts From time to time, staff receives inquiries from developers, architects and attorneys regarding the meaning of language that allows uses permitted in one zone as either permitted or conditional uses in another zone. For example, staff receives questions regarding the B2, Community Business zoning district, which provides that "arty use permitted in a B 1 district subject to the requirements of that district as outlined herein" is also permitted use in the B2 zoning district. This provision means that all "Uses permitted' in the B1 district are permitted in the B2 district; however, it does not mean that "Conditional uses" in the B1 district are permitted uses in the B2 district. Similarly, there is language in the majority of the zoning districts which provides that "a// uses permitted in the Community Facilities (CF) zone" may be allowed as conditional uses in another zone. This provision allows the "Usespermitted' in the Community Facilities (CF) District but does not include the "Conditional uses" in the CF zone. Recommendation: In order to clarify that language, staff proposes to chane the capitalization of "uses permitted' in the applicable zoning districts to "Uses permitted' and add language to clearly specify that the uses permitted do not include the conditional uses. Proposed Amendment: Chapter 31, Article VII, Use Regulations Sec. 31-143. - Residential Zoning Districts. (b) ResidentialSingle-Family i tri t ( )® The following regulations shall apply to all RS1 Districts. (1) Purpose of district. The RS1 Zoning District is established for one-family detached dwellings appropriate to the needs of families on lots of moderate size in areas consistent with the city's Comprehensive Plan Land Use Element. Densities shall not exceed 13 units per net acre. ( a) Conditional uses. The following uses may be established if first approved as conditional use: All oUses permitted in the CF District, but not anv use listed as a Conditional use in the CF district. 8 (c) Single-family Resi i 1 Districts ( ). The following regulations shall apply to all RS2 Districts. (1) Purpose of district. The RS2 Zoning District is established for one-family living environment appropriate to the needs of families on lots of limited size in areas consistent with the city's Comprehensive Plan Future Land Use Element. Densities shall not exceed 25 units per net acro. (2a) Conditional uses. The following uses may be established if fiat approved as a conditional use: a. All uUses permitted in the CF District, in the CF district. (d) Multifamily Medi reity Residential Districts ( ). The following regulations shall apply to all RIVIF3 Districts. (1) Purpose of district. The purpose and intent of this district is to provide suitable sites for the development of well planned, environmentally compatible medium density multifamily residential use in areas consistent with the City's Comprehensive Plan Future Land Use Element Densities shall not exceed 25 units per gross acre. ( a) Conditional uses. The following uses may be established if first approved as a conditional use: a. All uLlses permitted in the CF District, but not any use listed as a Conditional use in the CF district. ( ) Multifamily MediumDensity e i roti 1 Districts ( ® The following regulations shall apply to all RIVIF3ADistricts: (I)Purpose of district. The purpose and intent of this district is to provide suitable sites for the development of well planned, environmentally compatible medium density multifamily residential use in areas consistent with the City's Comprehensive Plan Future Land Use Element. Densities shall not exceed 45 units per gross acre. ( a) Conditional uses. The fallowing uses may be established if first approved as a conditional use: a. All uUses permitted in the CF District , but not any lase listed as a Conditional use in the CF district. ( Multifamily igh Density Residential Districts ( ). The following regulations shall apply to all RIVIF4 Districts. (I)Purpose f districts. The purpose and intent of this district is to provide suitable sites for the development of well-planned, environmentally compatible medium-high density multifamily ily r+ si ntial use and limited-service hotel use hen combined withmultifamily residential develop nt in areas consistent with the City's Comprehensive Plan Future Land UseElement. Densities shall not exceed 45 units per gross acre, ( ) Uses permitted. No building r structure, or part thereof, shall be erected, altered or used, or land used in whole or part for other than one or more of the following specific uses, a. II uUses permitted in the RIVIF3 District, (2a) Conditional uses. The following uses mayestablished if first approved as a conditional use: a, All uUses permitted in the CF Distri t, but nit env us listed as a Cuts iti r a/ use in the CF district. ( ) Multifamily Mediumi i tit Districts (RMF3B). The following regulations shall apply to all RMF3B districts, (I)Purpose f district. The purpose and intent of this district is to provide suitable sites for the development of well-planned, environmentally compatible mediumdensity multifamily residential use in areas consistent with the City's Comprehensive PIan Future Land Use Element. Densities shall not exceed 35 units per gross acre. ( ) Conditional uses. The following uses may be establishedif first approved as a conditional use: am Uses that exceed the height limitations, but in no event shall uses exceed seven stories or 90 feat in height. All oUs s permitted in the CF Distrie in the CF district. 1 Section 31-144. — Business Zoning Districts Neighborhood Business (Bl) 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; e. All uUses permitted in the CIF District%but not any use listed as a oraditi rral use in the CF district. ( ) Community Business (B2) 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, (1) Uses permitted. No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or part for other than one or more of the following specific uses, provided the requirements set forth elsewhere in this section are satisfied: a. Any Uses permitted in a 131 District subject to the requirements of that district as outlined herein. (2) Conditional use. The following uses if first approved as a conditional use: k. All Mises permitted in the CF District, but not any use listed as a Conditional use in the CIF district. ( Business ( 3) 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 serge a market beyond the community itself. Such commercial concentrations are expected to draw substantial patronage from outside areas and are 11 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. (1) Uses permitted. No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or part for ether than one or more of the following specific uses provided the requirements set forth elsewhere in this section are satisfied.. a. Any uUses permitted in a B1 or B2 District subject to the requirements of that district as modified herein. ( ) Conditional use. The following uses may be established if first approved as a conditional use; f. All uUses permitted in the CF District, but not amuse listed as a Conditional use in the CF district. (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 uses. ( ) Conditional use. The following uses if first approved as a conditional use: ( ) All oUses permitted in the CF District, but not any use listed as a Conditional use in the CF district. ( 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. 1 ( ) Conditional use. The following uses if first approved as a conditional use- h. All trUses permitted in the CIF Distric in the CIF district, 31-145. Town Center Zoning Districts. (b)Town CenterDistrict ® The following regulations II apply to all T 1 Districts: ( ) rtc itienai craw permitted. The following uses may be establishedif first approved s a conditional use: a. Thosemuses permitted in the RMF3 District, except that residential uses may not be established in a lifestyle center. b. Those muses permitted in the B1 District. c. Those muses permitted in the B1 District with increased floor area. II oUses permitted in the CIF Distri e in the CIF district. Center rine District )® The following regulations shall apply to all TC2 Districts. ( ) Uses permitted. No buildingr structure, or part thereof, shall be erected, altered or used, or land used in whole or part for other than one or more of the following specific uses, provided the requirements set forth elsewhere in this section are satisfied- (4) atisfi ;( ) Conditional craw permitted. The following uses may be established if first approved as a conditional use; a3hose oases permitted in the RIVIF3 District. Those buses permitted in the B 1 District, .T se ouses permitted in the OP District, Those 44uses permitted in the U District. e.Those e ermitted in the ROS District. o. All uUses permitted in the CIF District. but nit ani use listed as a rrtierrai erre in the CF district. 1 (d) ( ) Town Center Neighborhood (T 3) 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: a. Those °uses of itte Uses permitted in the B1 District with increased floor area. k. II € Uses permitted in the CF District, but not any use listed as a Conditional use in the CF district. V. Chapter 31, ArticleIIS Clarification of definitionof accessory An accessory use is defined in Section 1® 1 of the City Code as follows: "Accessory use or accessory building shall mean a use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with the principal use." An accessory use is exclusively for the use of the principal use or building to which it is attached. As such, an accessory use may not have a separate sign or be advertised for use to anyone other than users of the principal use or building. For example, a convenience store or beauty salon in a residential building may be established for use only by the residents of the building. Recommendation: Staff recommends that the definition be clarified to include the prohibition of signage or outside advertisement of the accessory use. Proposed n ® Chapter 31, Article ll. ® Definitions and Rules of Construction. Section 31-21. — Definitions. For the purposes of this chapter, the following words, terms and phrases shall have the meaning herein set out. When these definitions include restrictions, conditions or 14 limitations, such restrictions, conditions or limitations shall be subject to enforcement upon the same basis as other provisions of these Land Development Regulations. Accessory use or accessory building shall mean a use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with the principal use. si nenotin the ccesso use shall be exhibited or dis la e and no ertise ent ubliciln or marketin the accesso use se arat I fro the rinci al use shall be exhibitegLor dis la ed here such si n an !or erose ent is nisi le fro rernises which re locate e and or outside of the rincit al or accesso use, VII. Chapter 31, Article IX, Sign Regulations to add regulation for wall signs for Assisted Living Facilities Staff s received requests from o of the existing assisted living facilities for wall signs. The City Code currently allows wall signs for retail, office n hotel buildings. The only sign permitted for an assisted living facility is a monument sign. However, there was an exception made for the new facility in the Park Square development, where a wall sign was permitted through a multi-tenant sign package approved by resolution. Assisted living facilities are considers a non-residential use for purposes of the City's zoning Code. Recommendation: Staff recommends that wall signs be permitted for Assisted Luing Facilities, similar in number, type and size to wall signs permitted for office and hotel buildings. Proposed "Section 31-191, Sign Regulations Generally Nonresidential district nigras. The owner(s), or their authorized representative, may a their option, choose to use the following standards or alternatively, apply for approval as a multi-tenant center, pursuant to subsection (i)(1) hereof (provided that the subject center complies with the definition provided in this section). The following signs are authorized in all nonresidential districts in the City- 12) f Wallsian for business identification for Assisted Lidg �acilitie Wall si n for business identification. (Permitted on1v on assisted liVio facilities royals irra e i regr�i�eA 1 gggassar Illumination & Reverse or channel letter i n only. Number One tell i n der ullclin for i n looete to tone high. Comer or ei u th u h oto lootion hese n clitionl ly11 i n. uoh i n hll be lirnite to eroent of the uare footarre of the rr i n, uoh exon in shell not be loe on the same burlin eletion as the g'Tis n. Two wall si n _ er uilclin for n loo ted to Lorre high, with one wall in on1V Der building elevation. i n area One square foot for each one lineal foot of builclin fronte for n Lmaani urn?n locatedl to 5 stg6gLL&L One and one-half Sguare foot for each one lineal foot of bu Idinq fronts- e for signs looted 6 to 10 stgme high. One end three urter were foot for eoh one lineal foot of uilctin frontage for in looted 11 to 1 torte hioa Two sauare feet for each one lineal foot of building fronts e furi n located 16 to 20 storieLhigh. Loo bola No tell n h 11 e in t lle on buil in ala tion that faces an adiacent residential/vresidential/v zoned DroDert located,within 300 feet of the elevation. 1 VII. Chapter 31, Article IX, Sign Regulations to add maximum illumination level for signs and to allow digital video display on a commercial advertising sign that has been approved by variance. I. Maximum illumination level There have been two recent installations of channel letter wall signs with interior LED illumination. The LED light, while energy and cost efficient, is much brighter than the standard neon light. The concern is distraction of drivers due to the intense light. Staff has reviewed a recent illumination study by the International Sign Association, and regulation in neighboring cities' codes. The City's LED streetlights are 10,000 lumens. For further comparison, a recent LED sign installed at a new Assisted Living Facility is 20,000 lumens. Staff has also consulted with a City sign vendor who advised that the standard illumination for signs is 4,000 lumens up to 7,000 lumens for a bright sign. Recommendation: Staff recommends that a maximum illumination level of 4,000 lumens be added to the City's sign code. The new provision will apply to all signs where illumination is permitted. II. LED changeable copy on a commercial advertising sign approved by variance The sign code prohibits any animated sign, defined as: "Animated sign: A sign that uses motion of any part by any means, or that displays flashing, oscillating, sequential or intermittent lights other than time and temperature signs, stock market price quotations and changeable copy signs. Includes digital video displays." The owner of a billboard that was previously approved by the City Commission through the variance procedure in the Land Development Regulations has requested that the current static advertising display be changed to an LED changeable copy display. Recommendation: Staff recommends that the prohibition on changeable copy be amended to exempt a billboard that has received variance approval from the City Commission. Proposed Amendment: Section 31-191 — Sign regulations generally. (f) Prohibited signs. The following are prohibited: ( ) Animated Signs, except cornrnercial advertisin sing defined in Section 1®193 of this Article, that has been approved the City through variance. _� } An sign with an illumination level exceeding 4,000 lu ens. ill® Chapter 31, ArticleLandscaping, to add regulation for use of artificial turf i limited lig i The City's landscaping requirements do not contain regulation for the use of artificial turf for any application. Artificial turf has historically been used for indoor arenas an commercial pla iels; however, the use has increased to other applications such as public and private outdoor recreation fields, roadway medians, rooftop and above® ground terraces and pool decks in both residential and non-residential developments. This trend stems from technological advances in the materials, making them more life-like and environmental ly®friendly. The benefits of artificial turf are water conservation, increased durability and elimination o pesticides. The traditional concerns of using artificial turf include hazardous effect when using rubber tires as the backing, heat island effect, permeability, reduction of soil habitat and bacteria growth. The City has used artificial turf for the playfield at ACES. This turf is permeable, heat resistant and bacteria-resistant. It has non-toxic backing materials and an expected lifetime of 10 years. The City has used a turf base containing sand that may support some soil habitat. Recommendation: Staff recommends the addition of a definition of and material specifications for use of artificial turf in public and private athletic fields and playgrounds, roadway medians, rooftop or above ground terraces and pool decks in residential and non-residential developments. Proposed to Section 1 ® Landscaping Requirements. ( ) 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 differentmeaning: Artificial turf: a surface of synthetic fibers rade to look like natural Grass and emulate the texture and feel of agturat Lass Landscaping material: Any of the following or combination thereof such as, but not limited to: Grass, ground cover, artificial turf in areas errrtittett by this Section, shrubs, 1 vines, hedges, trees, palms and non-living material such as rocks, pebbles, sand, mulch, or pervious decorative paving materials, Lawry area, An area planted with lawn grasses or artificial turf in areas permitted by this section. ( ) ( Other plant material specifications. b. Ground covers: May be used in lieu of grass, Ground covers shall present a finished appearance and reasonably complete coverage at time of planting. c. Lawngrass- Shall be St. Augustine 'Floras ` solid sod, or other lawn species well adapted to localized growing conditions, as approved by the Director, reasonably free of insects and noxious weeds. Lawn shall be solid sodded for immediate eect. ds PlantQuality- 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 Stateof Florida Department of Agriculture and Consumer Services. e. Mulch- All exposed it areas in planting beds, including hedge rows, shall be kept weed free, and mulched to a minimumthree-inch depth (excluding seasonal color beds). Mulch should be replenished, as needed, to meet this requirement. The use of shredded and composted Melaleuca, grade B mulch is encouraged. f. Vines: Shall be not less than 24 inches in height at time of planting and may be used in conjunction with fences or walls. Where required, support vines with a trellis or other suitable support system that allows the vines to grow to the top of the fences or walls. rtificial 7ra be cried a la irr ce for �rlic acrd rivate ort recreation Etat roadv a rrrediarr irr areas o Goodin and draina e corrcem la rocrrrd roc to or above rocrrrd terraces and Dooldecks in residential and non- residential ified b the manufacturer in a manner acce table to the fit a erre ble baofieria- and treat-resistant and has ao a healthy condition. Landscaping material shall be trimmed and maintained so as to meet all city, county or state site distance requirements. (2) Failure to conform or maintain. If at any time after the issuance of a certificate of occupancy, any landscaping material is found to be in non-conformance, including, but not limited to, dead or dying plant material, artificial turf that is damaged or beyond its lifecycle, 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. IX. Chapter 31, Articleul i , to add regulationv r u fuel storage tanks for emergency generators in , ROS and U Districts As part of the 2017 update of the Land Development Regulations, approved through Ordinance No. 2017®07, the provision for above ground fuel storage tanks foremergency generators was revised to increase the size of tank permitted from 550 gallons to 2000 gallons in the medium and high density residential districts and in the non-residential districts. it was inadvertently omitted from three of the non-residential districts in the 2017 ordinance. Recommendation: Staff recommends that the same provision approved in 2017 for other non-residential zoning districts be added to the C , Community Facility District, ROS, Recreation Open Space District and U, Utilities District. Amendment:Proposed I. Section 31-147 — CommunityFacilities ing District. ( ) Conditional use. The following uses if first approved as a conditional use: g. Aboveground storage tanks. Aboveground storage tanks (AST) only as an accessory use and only for the purpose of storing fuel foremergency generators. ATs must conform to the following requirements: 1. Be of 550 2000 gallons capacity or less. 2. Be installed and operated under a valid permit from the Miami-Dade County Department of Environmental Resources Management. 20 3. 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. 4. Be located in a manner consistent with the site development standards of the CF zoning district. 5. Installation of any AST shall require a building ermi from the City, Application for building permit shall be accompanied by a site I n indicating the location of the AST relative o property lines, the primary structure served by the AST, any other structures within 300 feet as well as a landscape plan preparedy a Florida licensed architect or landscape architect and other supporting ocu entation as deemed necessary by the City ana er or designee. II. Section 31-148 -Recreation/Openire i trict. ) Aboveground storage tanks. Aboveground storage tanks (AST) r permitted as a conditional use only as an accessory use and only for the purpose of storing fuel for emergency enerators. ASTs must conform to the following requirements- a. equire ents-a, Be of 669 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 masonryor concrete wall with a self-closing and locking metal door or gate. Such wall shall be landscaped in accordance with the City's Landscape Cede. e Be located in a manner consistent with the site development standards of the ROS zoning district. Installation of any AST shall require a building permit from the City. Application for building permit shall be accompanied 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 y the City Manager or designee. 1 III. Section 31-149inti ! District. ( ) Aboveground roun storage tanks. Aboveground storage tanks (AST) are perrni ed as an accessory use only for the purpose of storingfuel for emergency generators. Such ASTs must conform o the following requirements: a. Be of&W 2000 gallonscapacity or less. installed and operated under a valid rmit from the Miami-Dade County Department of Environmental Resources Management. o. Be located within a walled service court area or 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. ASTs located within a service court area must be located atop a curbed reveal and shall be protected from turning and backingtrucks withbollards, d. Be located in a manner consistent with the site development standards of the U 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, A landscape plan prepared by a Florida licensed architect or landscape architect and other supporting documentation shall be providedif required by the City. ANALYSIS OF PROPOSED AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS Section 7, Land Development Regulations Standards reviewing pr o 1. The proposed amendment is legally required. The proposed amendmentsare legally required to implement the requested revision to the Code, . The proposed amendment is consistent with the goals and objectives of the Comprehensive Plano The proposed mend ent re consistent with the goals and objectives of the Comprehensive flan. The Comprehensive Plan provides that development and redevelopment of the City shall conform o the standards established in the Land Development Regulations. . The proposed amendment is consistent rith the authority and purpose of the LDRs. 2 The proposed amendments are consistent with the authority and purpose of the Lan Development Regulations. "The ur o e of the LDRs is to implement further the Comprehensive Plan of the City by establishingregulations, 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 preservepublic health, safety and welfare and to aid in the harmonious, orderly and progressive development an redevelopment of the City..." The proposed amendments are consistent with this urpoe. The proposed amendments will establish regulations and standardsfor 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. The proposed amendmentsfurther the orderly development of the City, for the reasons provided in Paragraph 3 above. 5m The proposed amendment i proves 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, 3 ORDINANCE NO. 2020- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING CHAPTER 4, ALCOHOLIC BEVERAGES, OF THE CITY'S CODE OF ORDINANCES, BY AMENDING SECTION 4-2, LOCATION OF ESTABLISHMENTS, TO CLARIFY APPLICABILITY AND TO REVISE EXCEPTIONS; AMENDING CHAPTER 31, LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTION 31-171, OFF STREET PARKING, LOADING AND DRIVEWAY STANDARDS, TO ADD REGULATIONS FOR ELECTRIC VEHICLE CHARGING STATIONS AND SPACES; AMENDING CHAPTER 31, LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTIONS 31-143, RESIDENTIAL ZONING DISTRICTS, SECTION 31-144, BUSINESS ZONING DISTRICTS AND SECTION 31-145, TOWN CENTER ZONING DISTRICTS TO CLARIFY APPLICABILITY OF CONDITIONAL USES; AMENDING CHAPTER 31, LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTION 31-21, DEFINITIONS, TO CLARIFY DEFINITION OF ACCESSORY USE; AMENDING CHAPTER 31, LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTION 31-191, SIGN REGULATIONS GENERALLY, BY AMENDING SECTION 31-191(F) TO REVISE AND ADD PROHIBITED SIGNS, BY AMENDING SECTION 31-191(J) TO ADD WALL SIGNS FOR ASSISTED LIVING FACILITIES; AMENDING CHAPTER 31, LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTION 31-221, LANDSCAPING REQUIREMENTS TO ADD A DEFINITION AND REGULATION FOR USE OF ARTIFICIAL TURF; AMENDING CHAPTER 31, LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTION 31-147, COMMUNITY FACILITIES DISTRICT, SECTION 31-148, RECREATION/OPEN SPACE DISTRICT AND SECTION 31-149, UTILITIES DISTRICT, TO REVISE PERMITTED SIZE OF ABOVE GROUND FUEL STORAGE TANKS FOR EMERGENCY GENERATORS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND 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 consistency with recent changes in legislation, for clarification of Code provisions, for facilitation of development review and to provide regulation for new technology; and WHEREAS, the City Commission desires to reduce minimum floor space and number of seats for the cocktail bar/lounge exemption to the distance and spacing requirements in Chapter 4, Alcoholic Beverages, of the City's Code of Ordinances, to match state regulation; and City of Aventura Ordinance No. 2020- WHEREAS, the City Commission desires to add standards for installation and use of electric vehicle charging stations and spaces in Section 31-171, Off Street Parking, Load and Driveway Standards, of Chapter 31, Land Development Regulations; and WHEREAS, the City Commission desires to clarify applicability of conditional uses in Section 31-143, Residential Zoning Districts, Section 31-144, Business Zoning Districts and Section 31-145, Town Center Zoning Districts of Chapter 31, Land Development Regulations; and WHEREAS, the City Commission desires to clarify the definition of accessory use in Section 31-21, Definitions, of Chapter 31, Land Development Regulations; and WHEREAS, the City Commission desires to amend the prohibition on animated signs, add a new prohibited sign and add standards for wall signs for assisted living facilities in Section 31-191, Sign regulations generally, of Chapter 31, Land Development Regulations; and WHEREAS, the City Commission desires to provide for definition of and standards for use of artificial turf in Section 31-221, Landscaping requirements, of Chapter 31, Land Development Regulations; and WHEREAS, the City Commission desires to provide for increased minimum size of above ground fuel storage tanks for emergency generators in Section 31-147, Community Facilities District, Section 31-148, Recreation/Open Space District and Section 31-149, Utilities District; 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. Page 2 of 20 City of Aventura Ordinance No. 2020- NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT': Section 1. Recitals Adopted. That each of the above-stated recitals are hereby adopted and confirmed. Section 2. City Code Amended. Section 4-2, Location of Establishments, of Chapter 4, "Alcoholic Beverages" of the City Code of Ordinances, is hereby amended to read as follows: Section 4-2(e), Exceptions to spacing and distance requirements. The restrictions and spacing requirements set forth in subsections (a) and (b) above shall not apply: (2) Restaurants in 131, 132, TG1, TGO and TG3 Business and Town Center Zoning Districts. To dining rooms or restaurants located in the 131, 132, TG1, TGO --A T1`3 Business and Town Center Zoning Districts and "r^" r4^ ri^+ ,^,i kr%nrnryr-nr" r�® kpleNAR, but which comply with the requirements of such districts and serve cooked, full course meals, daily prepared on the premises, irk ^+Har Ai�,;�,� r„nmc ^r rdcfaurants 'r ^ ,cr r"r%re liberal nA AAI[I;rk serve GGeked, fUil GGUrse meals, daily prepared en 4 providing that only a service bar is used and alcoholic beverages are sold only to persons seated at tables. This exemption does not include cafes and/or kiosks that serve light meals, snacks and/or hot and cold beverages. (3) Cocktail lounge-bars in restaurants. To cocktail lounge-bars as an accessory use in restaurants located in the Business and Town Center zoning districts which restaurants contain all necessary equipment and supplies for and serve full course meals regularly, have indoor accommodations for service of 289 150 or more patrons at tables, including indoor bars or counters at which full course meals are available, and occupies more than 488 2.500 square feet of indoor floor space, and provided that alcoholic beverages are served for on- premise consumption only and that the cocktail lounge-bar use will be automatically terminated upon termination of the restaurant use and the hours for the cocktail lounge-bar shall be not extend beyond the permitted hours of operation for the restaurant. Meals shall be available at the cocktail lounge-bar area, but this does not preclude service of an alcoholic beverage only without food as long as the establishment complies with the food/beverage revenue percentages required by the State license. Section 3. City Code Amended. Section 31-171, Off Street Parking, Loading and Driveway Standards, of Chapter 31, "Land Development Regulations" is hereby amended to read as follows: Section 31-171 — Off-Street parking and loading standards 'Underlined provisions constitute proposed additions to existing text; stfieke thfettgh provisions indicate proposed deletions from existing text. Page 3 of 20 City of Aventura Ordinance No. 2020- (a) General. Every building, use or structure, instituted or erected after the effective date of this chapter shall be provided with off-street parking facilities in accordance with the provisions of this section for the use of occupants, employees, visitors or patrons. Such off- street parking facilities shall be maintained and continued as an accessory use as long as the main use is continued. (6) Size and character of required parking. The following design requirements shall be observed for off-street parking: k. Electric Vehicle Charging Stations and Spaces. To plan for and accommodate the anticipated growth in market demand for electric vehicles, new and existing developments are encouraged, but not required, to install such conduits and electrical and other infrastructure as may be necessary for the installation of electric vehicle charging stations. For the purposes of this section, the following definitions shall apply: fil Electric Vehicle ("EV') means any vehicle_that operates, either_partially orexclusively on electrical enerqy_from an off-board source, is stored on-board bythe_vehicle for motive purposes. Electric Vehicle _("EV' ...charging station means an installation of electrical energy transmission----equipment including...cabinets,...switchgear, charging and/or devices, .... ging....posts.... products and parkingspaces_all_designed to transfer electric energy to_anelectric vehicle. Electric Vehicle ("EV')...charging...space means aparking space...that is continually served...bystationary battery charging equipment that has as its rima gi_ _quip primary purpose the transfer of electric energy_toanelectric vehicle. Charg-ing...levels...means the standardized indicators of electrical...force, o_rvoltage_ at which an electric vehicle's battery is recharged. Typicalelectric vehicle charging levels and specifications are: Level 1: Provides charging through a 1 20voltACpl_ug_and does_notrequ ire installation of additional chargingequipment. Can deliver 2 to 5 miles of range per hour ofcharging. Most often used in homes but sometimes used at workplaces. Level 2- Provides charging--- ging...through a240volt (for...residential)...and...208...volt...(for commercial) plug_and_requires_installation of additional charging equipment. Can deliver 10 to 20 miles of range per of charging. Used i nhomes,_workplaces and_for_public_charging. Level _3 (DCFast Cha[ge):....Provides charging through 480volt_ACinput_and requires highly specialized, high powered equipment as well as special equipment inthe vehicle itself. Page 4 of 20 City of Aventura Ordinance No. 2020- Plug inhybrid vehicles typically do not have fast charging capabilities. Can deliver 60 to 80 miles of range...in...20 minutes ofghargjng.....Used...most often...inpublic charging...stations especially_along heavy_traffic corridors. 00 Electric Vehicle (EV) Charging Station Standards. EV chaL ... ging...stations are permitted in all residential and non-residential...zoning...districts, subjecttowith all of the following regulations: l.-EVcharging stations shall be located within new or existing enclosed...parking...garages or within new or existing surfaceparkingareas. If the charging_station includes Level_3 (DC Fast Charge) equipment, the charging equipment, excluding...the charging and connectors shall be located so that it is not visible from the public...right...ofway or, i_nthe alternative, enclosed and secured in a manner compatible with the site, asapproved by_the City_Manager. 2. EV-chargingstations, other than Level 1 and Level 2wal_l or_pole mounted chargers, shall be located in---parking garages or on surface parking lots with 100 or more Leg ular parking _ spaces, 3. Maximum---height of Level 3 _(DQ...fast charge) q station cabinet shall be 7 feet. charging_ Maximum height_of_Level 3_(DC_fast_charge)_switchgear shall be 5 feet and maximum height of Level 3 (DC fast charge) charge_post shall be 6 feet. 4. No advertising, other than information required...by this Section, ispermitted on charging station signs, cabinets and/or charging station equipment. 5. An EV chargingstation...space may...be counted towards the number of parking...space required pursuant to this Article; however, the maximum number of electric vehicle charging station spaces cannot exceed ten (_10%)_ofthe number ofrequired regular_parking spaces. A maximum of---fifty---(50%)...percent of the electric vehicle charging station aces m .... gingspaces...may b... designed for sole use_by_one manufacturer's electric vehicle. 6. Existing...regular...parking spaces, complying with the standards of this Article, may be converted to EV charging station spaces. 7. Existing regular parking spaces, not_complying_with the standards of this Article, may be converted to EV charging...spaces only when the affected parking...spaces are brought into compliance with the standards of this Article. (iii) Electric Vehicle Charging Station Space Design Standards. Electric vehicle (" V' charging station spaces shall meet the following design standards, i_n addition to the other standards in this Article: Page 5 of 20 City of Aventura Ordinance No. 2020- 1. Each EVchargingstation---space...shall-__beequipped with a sign...designating the space-asan...EV parking space, in...accordance with the Manual on Uniform Traffic Control Devices_fM_UTCD) of the Federal H_i_qhwayAdministration. 2. The charging...post or connector shall contain safetyinformation name or logo...o manufacturer and contact information for the owner of the charging station to allow consumers to- report issues relating to the charging station. 3. All components of the EV charging...station shall be elevated or designed so---that it complies with the provisions of the Florida wilding Code. 4. EV charging stations shall contain a retraction device,_coiled cord, orplace to hang cords and connectors above the ground surface. All such devices, cords and connectors shall be designed_tocomply_with_the provisions of the Florida wilding Code. 5. EV chargi n_q_stations shall be limited to personal use and shall not be used for the purpose of wholesale or retail sales. 6. EV charging...stations shall not interfere with vehicle, bicycle orpedestrian access and circulation, or with required landscaping 7. EV charging stations shall be maintained ingood condition, appearance_and repair. 8. For EVcharging stations installed on surface parking...lots, all cabinets,...switchgear and other transmissionequipmentq ( in other than charging posts or connectors) related to the station _ shall be completely_ enclosed. For EV charging...stations installed in enclosed parking garages, all eguipmentchaL other than or connectors) related to the station shall L_ charging posts have_safety_screens around the equipment. 9. Notwithstanding Subsection _this Article,EVcharging station spaces may have freestanding....wheel stops....in addition to...the....required curbing to...maximize safety...of...the charging space. 10. Administrative Waiver. Where the requirements of this article relate to the improvement or the expansion of an existing vehicular use area and where certain requirements in this Section and in Section 31-221 Landscaping Requirements,.....are considered by the Cit Manager to be either impossible orimpractical to comply with, without reducing the number or size of existing parking spaces and/or the required width of drive aisles, relief from size and width of perimeterand/or interior landscape buffer may begranted bythe Page 6 of 20 City of Aventura Ordinance No. 2020- City Manager or his designee, provided that the intent and purpose of this Section is not compromised. Section 4. City Code Amended. Sections 31-143, Residential Zoning Districts, and 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- Sec. 31-143. ® Residential Zoning Districts. (b) Residential Single-Family Districts (RSI). The following regulations shall apply to all RS1 Districts. (1) Purpose of district. The RS1 Zoning District is established for one-family detached dwellings appropriate to the needs of families on lots of moderate size in areas consistent with the city's Comprehensive Plan Land Use Element. Densities shall not exceed 13 units per net acre. (2a) Conditional uses. The following uses may be established if first approved as a conditional use: All i4Uses permitted in the CF District, but not any use listed as a Conditional use in the CF district. (q) Single-family Residential Districts (RS2). The following regulations shall apply to all RS2 Districts. (1) Purpose of district. The RS2 Zoning District is established for one-family living environment appropriate to the needs of families on lots of limited size in areas consistent with the City's Comprehensive Plan Future Land Use Element. Densities shall not exceed 25 units per net acre. (2a) Conditional uses. The following uses may be established if first approved as a conditional use: a. All uUses permitted in the CF District, but not any use listed as a Conditional use in the CF district. (d) Multifamily Medium Density Residential Districts (RMF3). The following regulations shall apply to all RIVIF3 Districts. Page 7 of 20 City of Aventura Ordinance No. 2020- (1) Purpose of district. The purpose and intent of this district is to provide suitable sites for the development of well planned, environmentally compatible medium density multifamily residential use in areas consistent with the City's Comprehensive Plan Future Land Use Element. Densities shall not exceed 25 units per gross acre. (2a) Conditional uses. The following uses may be established if first approved as a conditional use: a. All i4L/ses permitted in the CF District, but not-_any use listed as a Conditional use in the CF district. (e) Multifamily Medium Density Residential Districts (RMF3A). The following regulations shall apply to all RIVIF3A Districts: (I)Purpose of district. The purpose and intent of this district is to provide suitable sites for the development of well planned, environmentally compatible medium density multifamily residential use in areas consistent with the City's Comprehensive Plan Future Land Use Element. Densities shall not exceed 45 units per gross acre. (2a) Conditional uses. The following uses may be established if first approved as a conditional use: a. All uUses permitted in the CF District, but not any listed as a Conditional use in the CF district. (t) Multifamily High Density Residential Districts (RMF4). The following regulations shall apply to all RIVIF4 Districts. (I)Purpose of districts. The purpose and intent of this district is to provide suitable sites for the development of well-planned, environmentally compatible medium-high density multifamily residential use and limited-service hotel use when combined with multifamily residential development in areas consistent with the City's Comprehensive Plan Future Land Use Element. Densities shall not exceed 45 units per gross acre. (2) Uses permitted. No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or part for other than one or more of the following specific uses: a.All i4Uses permitted in the RIVIF3 District. (2a) Conditional uses. The following uses may be established if first approved as a conditional use: Page 8 of 20 City of Aventura Ordinance No. 2020- a. All i4Uses permitted in the CF District,--but not any use listed as a Conditional use in the CF district. (g) Multifamily Medium Density Residential Districts (RMF3B). The following regulations shall apply to all RIVIF313 districts: (I)Purpose of district. The purpose and intent of this district is to provide suitable sites for the development of well-planned, environmentally compatible medium density multifamily residential use in areas consistent with the City's Comprehensive Plan Future Land Use Element. Densities shall not exceed 35 units per gross acre. (3) Conditional uses. The following uses may be established if first approved as a conditional use: a. Uses that exceed the height limitations, but in no event shall uses exceed seven stories or 90 feet in height. b. All i4Uses permitted in the CF District, but not any use listed as a Conditional use in the CF district. Section 31-144. ® Business Zoning Districts Neighborhood Business (BI) 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: e. All i4Uses permitted in the CF District,- but-not any use listed as a Conditional use in the CF district. (q) Community Business (B2) District This district is intended primarily to provide for general commercial activity for a wide range of goods and services to the entire community Page 9 of 20 City of Aventura Ordinance No. 2020- 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. (1) Uses permitted. No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or part for other than one or more of the following specific uses, provided the requirements set forth elsewhere in this section are satisfied: a. Any 44Uses permitted in a 131 District subject to the requirements of that district as outlined herein. (2) Conditional use. The following uses if first approved as a conditional use: k. All i4Uses permitted in the CF District, but not any use listed as a Conditional use in the QF district. (d) Heavy Business (B3) 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. (1) Uses permitted. No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or part for other than one or more of the following specific uses provided the requirements set forth elsewhere in this section are satisfied: a. Any i4Uses permitted in a 131 or B2 District subject to the requirements of that district as modified herein. (2) Conditional use. The following uses may be established if first approved as a conditional use: f. All i4Uses permitted in the CF District,- but-not any use listed as a Conditional use in the QF district. Page 10 of 20 City of Aventura Ordinance No. 2020- (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 uses. (2) Conditional use. The following uses if first approved as a conditional use: (g) All i4Uses permitted in the CF District but not any use listed as a Conditional use in the .CF district. (t) 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. (2) Conditional use. The following uses if first approved as a conditional use: h. All i4Uses permitted in the CF District, but not any use listed as a Conditional use in the CF district. Sec. 31-145. - Town Center Zoning 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: a. Those uUses Permitted in the RMF3 District, except that residential uses may not be established in a lifestyle center. b. Those uuses permitted in the B1 District. c. Those 7u Uses permitted in the B1 District with increased floor area. Page 11 of 20 City of Aventura Ordinance No. 2020- m. All i4Uses permitted in the CF District, but-not any use listed as a Conditional use in the CF district. (c) Town Center Marine District (TC2). The following regulations shall apply to all TC2 Districts. (2) Uses permitted. No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or part for other than one or more of the following specific uses, provided the requirements set forth elsewhere in this section are satisfied: (4) Conditional uses permitted. The following uses may be established if first approved as a conditional use: a3hose i4Uses permitted in the RIVIF3 District. b3hose i4Uses permitted in the B1 District. c.Those uUses permitted in the OP District. d.Those uUses permitted in the U District. e3hose uUses_permitted in the ROS District. o. All uUses permitted in the CF District,---but--not--any use listed as a Conditional use in the CF district. (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: a. Those uses Pe—r—illed Uses permitted in the B1 District with increased floor area. k. All uUses permitted in the CF District, but not any listed as a Conditional use in the CF district. Section 5. City Code Amended. Section 31-21, Definitions, of Chapter 31, "Land Development Regulations", is hereby amended to read as follows: Page 12 of 20 City of Aventura Ordinance No. 2020- Chapter 31, Article 11, Section 31-21. — Definitions For the purposes of this chapter, the following words, terms and phrases shall have the meaning herein set out. When these definitions include restrictions, conditions or limitations, such restrictions, conditions or limitations shall be subject to enforcement upon the same basis as other provisions of these Land Development Regulations. Accessory use or accessory building shall mean a use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with the principal use. No sign denoting the accessory use shall be exhibited or displayed and no advertisement publ_icizi_n_q or marketing the accessory use separately from the principal use shall be exhibited or displayed, where such sign and/or advertisement is visible from premises which are located_beyond or outside of the principal or accessary use. Section 6. 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 (f) Prohibited signs. The following are prohibited: (5) Animated Signs, except a commercial advertising sign, defined in Section 31-193 of this Article, that has been approved by the City through variance. (38) Any sign with an illumination level exceeding 4,000 lumens. (j) Nonresidential district signs. The owner(s), or their authorized representative, may at their option, choose to use the following standards or alternatively, apply for approval as a multi- tenant center, pursuant to subsection (i)(1) hereof (provided that the subject center complies with the definition provided in this section). The following signs are authorized in all nonresidential districts in the City: (2) f. Wall sign for business identification for Assisted Living Facilities Wall__si_qnfor business identification. (Permitted only on assisted livin_qfacilities) Page 13 of 20 City of Aventura Ordinance No. 2020- Approvals Sign permit required. necessary: Illumination & Reverse or channel letter sign only. Type: Number One wall sign per building for signs located 1 to 5 stories high. Corner or (maximum): through store locations may have an additional wall sign. Such second sign shall be limited to 50 percent of the square footage of the primary sign. Such second sign shall not be placed on the same building elevation as the primary sign. Two wall signs per building for signs located 6 to 20 stories high, with one wall sign only per building elevation. Sign area One square foot for each one lineal foot of building frontage for signs (maximum): located1 to 5 stories high. One and one-half square foot for each one lineal foot of building frontage for signs located 6 to 10 stories high. One and three-quarters square foot for each one lineal foot of building frontage for signs located 11 to 15 stories high. Two square feet for each one lineal foot of building frontage for signs located 16 to 20 stories high. Location: No wall sign shall be installed on a building elevation that faces an adjacent residentially zoned property located within 300 feet of the elevation. Section 7. City Code Amended. Section 31-221, Landscaping requirements, of Chapter 31 "Land Development Regulations" of the Code of Ordinances is hereby amended to read as follows: Section 31-221 — Landscaping requirements Page 14 of 20 City of Aventura Ordinance No. 2020- (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: Artificial turf. a surface of synthetic fibers made to look like natural grass and emulate the texture and feel of natural grass Landscaping material.- Any of the following or combination thereof such as, but not limited to: Grass, ground cover, artificial turf--in---areas--permitted bythis Section, shrubs, vines, hedges, trees, palms and non-living material such as rocks, pebbles, sand, mulch, or pervious decorative paving materials. Lawn area: An area planted with lawn grasses or artificial turf in areas permitted by this section. (h) (2) Other plant material specifications. b. Ground covers- May be used in lieu of grass. Ground covers shall present a finished appearance and reasonably complete coverage at time of planting. c. Lawn grass- Shall be St. Augustine 'Floratam' solid sod, or other lawn species well adapted to localized growing conditions, as approved by the Director, reasonably free of insects and noxious weeds. Lawn shall be solid sodded for immediate effect. 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. e. Mulch- All exposed soil areas in planting beds, including hedge rows, shall be kept weed free, and mulched to a minimum three-inch depth (excluding seasonal color beds). Mulch should be replenished, as needed, to meet this requirement. The use of shredded and composted Melaleuca, grade B mulch is encouraged. f. Vines- Shall be not less than 24 inches in height at time of planting and may be used in conjunction with fences or walls. Where required, support vines with a trellis or other suitable support system that allows the vines to grow to the top of the fences or walls. g Artificial Turf: May be used as a playin_q surface for public and private sports recreation fields, roadway medians in areas of flooding and drainage concerns, playgrounds, rooftop o above ground terraces and pool_ decks in residential and non-residential development when such turf material is certified by the manufacturer in a manner acceptable to the City as permeable, bacteria- and heat-resistant and has backing made of non-toxic materials such Page 15 of 20 City of Aventura Ordinance No. 2020- that it may be disposed of in a _regular landfill site at the end of its lifecycle. A turf base includ_i_n_qsand is encouraged tosupport same soil habitat and increase drainage. (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, clear of weeds, refuse and debris, and sufficiently fertilized and watered to maintain the plant material in a healthy condition. Landscaping material shall be trimmed and maintained so as to meet all city, county or state site distance requirements. (2) Failure to conform or maintain. If at any time after the issuance of a certificate of occupancy, any landscaping material is found to be in non-conformance, including, but not limited to, dead or dying plant material, artificial turf that is damaged or beyond its lifecycle, 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. Section 8. City Code Amended. Section 31-147, Community Facilities District, Section 31-148, Recreation/OpenSpace Zoning District, and Section 31-149, Utilities Zoning District, Chapter 31 "Land Development Regulations" of the Code of Ordinances are hereby amended to read as follows: Section 31-147 — Community Facilities Zoning District. (2) Conditional use. The following uses if first approved as a conditional use: g. 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: 1. Be of-5-50 2000 gallons capacity or less. 2. Be installed and operated under a valid permit from the Miami-Dade County Department of Environmental Resources Management. 3. 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. 4. Be located in a manner consistent with the site development standards of the CF zoning district. Page 16 of 20 City of Aventura Ordinance No. 2020- 5. 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 31-148 -Recreation/Open Space Zoning District. (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 ROS 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 31-149 — Utilities Zoning District. (4) Aboveground storage tanks. Aboveground storage tanks (AST) are permitted as an accessory use only for the purpose of storing fuel for emergency generators. Such 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 located within a walled service court area or 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. ASTs located within a service court area must be Page 17 of 20 City of Aventura Ordinance No. 2020- located atop a curbed reveal and shall be protected from turning and backing trucks with bollards. d. Be located in a manner consistent with the site development standards of the U 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. A landscape plan prepared by a Florida licensed architect or landscape architect and other supporting documentation shall be provided if required by the City. Section 9. 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 10. 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 re-numbered or re- lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 11. 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 Robert Shelley Commissioner Howard Weinberg Vice Mayor Marc Narotsky Mayor Enid Weisman Page 18 of 20 City of Aventura Ordinance No. 2020- 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 Robert Shelley Commissioner Howard Weinberg Vice Mayor Marc Narotsky Mayor Enid Weisman PASSED on first reading this 6t" day of April, 2020. PASSED AND ADOPTED on second reading this 5t" day of May, 2020. MAYOR ENID WEISMAN ATTEST: ELLISA L. HORVATH, MMC CITY CLERK Page 19 of 20 City of Aventura Ordinance No. 2020- APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Ordinance was filed in the Office of the City Clerk this day of , 2020. Page 20 of 20