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06-04-2024 Local Planning Agency Meeting Agenda CITY OF AVENTURA Aventura Government Center 19200 West Country Club Drive Aventura, FL 33180 ..�V r■. e4 q LOCAL PLANNING AGENCY MEETING AGENDA June 4, 2024 6:00 p.m. Aventura Government Center Commission Chambers Local Planning Agency AVENTURA CITY COMMISSION ACTING IN ITS CAPACITY AS THE LOCAL PLANNING AGENCY FOR THE CITY OF AVENTURA Mayor Howard S. Weinberg, Esq. Vice Mayor Dr. Linda Marks Commissioner Amit Bloom Commissioner Rachel S. Friedland, Esq. Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Michael Stern City Manager Ronald J. Wasson City Clerk Ellisa L. Horvath, MMC City Attorneys Weiss Serota Helfman Cole & Bierman Aventura Local Planning Agency Meeting Agenda June 4, 2024 AVENTURA CITY COMMISSION ACTING IN ITS CAPACITY AS THE LOCAL PLANNING AGENCY FOR THE CITY OF AVENTURA: 1. CALL TO ORDER/ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF MINUTES: March 5, 2024 4. PUBLIC HEARINGS — MOTION RECOMMENDING ADOPTION OF THE FOLLOWING: RESOLUTION: A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING A VARIANCE FROM SECTION 31-144(C)(1)GG OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW TWO (2) ELECTRIC VEHICLE SHOWROOMS ON A SHOPPING CENTER PARCEL WHERE NO MORE THAN ONE (1) IS PERMITTED ON THE PROPERTY LOCATED AT 19565 BISCAYNE BOULEVARD, IN THE CITY OF AVENTURA; AND PROVIDING FOR AN EFFECTIVE DATE. Note: The Quasi-Judicial procedures of the City shall be invoked for this item (4A). ORDINANCES: B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING SECTION 14-100 "SECURING OF CONSTRUCTION SITES; OTHER REQUIREMENTS" OF CHAPTER 14; AMENDING SECTION 31-143 "RESIDENTIAL ZONING DISTRICTS," SECTION 31-191 "SIGN REGULATIONS GENERALLY," AND SECTION 31-221 "LANDSCAPING REQUIREMENTS" OF CHAPTER 31; AMENDING SECTION 38-48 "OFFICE HOURS; COLLECTION HOURS" OF CHAPTER 38; AMENDING SECTION 45-38 "USE OF RIGHTS- OF-WAY" OF CHAPTER 45 TO CLARIFY AND UPDATE CERTAIN TERMS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. C. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 31, "LAND DEVELOPMENT REGULATIONS" OF THE CITY CODE OF ORDINANCES BY AMENDING SECTION 31-191(f) "PROHIBITED SIGNS", ALLOWING FOR BILLBOARDS IN A LIMITED CAPACITY IN THE CITY SUBJECT TO CITY COMMISSION APPROVAL; 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 or cityclerkC&,cityofaventura.com, not later than two days prior to such proceedings. 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 Local Planning Agency or 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 are available online at cityofaventura.com for viewing and printing, or may be requested through the Office of the City Clerk at(305)466-8901 or cityclerkC&,cityofaventura.com. Page 1 of 1 CITY OF "ENTURA OFFICE OF THE CITY CLERK MEMORANDUM TO: City Commission, Acting in its Capacity as the Local Planning Agency for the City of Aventura FROM: Ellisa L. Horvath, MMC, City Clerk DATE: May 31, 2024 SUBJECT: Approval of Minutes June 4, 2024 Local Planning Agency Meeting Agenda RECOMMENDATION It is recommended that the City Commission, acting in its capacity as the Local Planning Agency for the City of Aventura, approve the attached minutes as provided by the City Clerk, for the Local Planning Agency meeting held as listed below. BACKGROUND A meeting was held and minutes have been provided for the City Commission, acting in its capacity as the Local Planning Agency, for approval of the following: • March 5, 2024 Local Planning Agency Meeting Should you have any questions, please contact me. /elh attachment • CITY OF AVENTURA LOCAL PLANNING AGENCY MEETING MINUTES MARCH 5, 2024 6:00 p.m. Aventura Government Center 19200 West Country Club Drive Aventura, FL 33180 Aventura City Commission acting in its capacity as the Local Planning Agency for the City of Aventura: 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Weinberg at 6:02 p.m. The roll was called and the following were present: Mayor Howard S. Weinberg, Vice Mayor Paul A. Kruss, Commissioner Amit Bloom, Commissioner Rachel S. Friedland, Commissioner Billy Joel, Commissioner Dr. Linda Marks, Commissioner Michael Stern, City Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City Attorney Robert Meyers. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: The Pledge was led by Mayor Weinberg. 3. APPROVAL OF MINUTES (February 20, 2024): A motion to approve the minutes of the February 20, 2024 meeting was offered by Commissioner Friedland, seconded by Vice Mayor Kruss, and unanimously passed by roll call vote. 4. PUBLIC HEARING - MOTION RECOMMENDING ADOPTION OF THE FOLLOWING: Mr. Meyers reviewed the quasi-judicial procedures for the item and Mrs. Horvath administered the oath to all those wishing to offer testimony on the item. Disclosures of ex parte communications were provided by the following members of the City Commission: Commissioner Friedland. RESOLUTION: Mrs. Horvath read the following Resolution title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL TO ALLOW THE SALE AND SERVICE OF ALCOHOLIC BEVERAGES AT A COCKTAIL LOUNGE AREA WITHIN GABY BY CALL ME GABY RESTAURANT LOCATED AT 19565 BISCAYNE BOULEVARD, UNIT 938, IN THE AVENTURA MALL; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. Note: The Quasi-Judicial procedures of the City shall be invoked for this item (4). City of Aventura Local Planning Agency Meeting Minutes March 5, 2024 A motion to recommend adoption of the Resolution was offered by Commissioner Friedland and seconded by Commissioner Bloom. Community Development Director Keven Klopp entered the staff report into the record, which recommended approval, subject to the conditions listed, and reviewed the item. The following provided comments on behalf of the Applicant (Gaby Aventura, LLC): Ben Fernandez, Esq. — Bercow Radell Fernandez Larkin & Tapanes (200 S. Biscayne Boulevard, Suite 300, Miami). Mayor Weinberg opened the public hearing. There being no speakers, the public hearing was closed. The City Commission discussed the item including the type of food to be served and the number of seats. The motion to recommend adoption of the Resolution passed unanimously 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 Bloom, seconded by Vice Mayor Kruss, and unanimously passed; thereby adjourning the meeting at 6.10 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the Local Planning Agency on June 4, 2024. Page 2 of 2 CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager BY: Keven R. Klopp, Community Development Director DATE: May 31, 2024 SUBJECT: Request by Turnberry Associates (the "Applicant") for a Variance to Establish an Electric Vehicle Retail Showroom in Space 1966 of the Aventura Mall Located at 19565 Biscayne Boulevard (the "Property") (VAR2404-0001) June 4, 2024 Local Planning Agency Meeting Agenda June 4, 2024 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission approve the request to permit an additional electric vehicle retail showroom on the Property. THE REQUEST The applicant, Michael Marrero c/o Bercow, Radell, Fernandez, Larkin and Tapanes, on behalf of Turnberry Associates, is requesting variance from Section 31-144(c)(1)(gg) of the Land Development Regulations (the "LDRs") to permit the establishment of a second electric vehicle retail showroom at the Property when no more than one is permitted. (See Exhibit#1 for Letter of Intent). BACKGROUND The City of Aventura, through Ordinance No. 2016-11, added electric vehicle retail showrooms as a permitted use in shopping centers of more than 1,000,000 square feet conforming to specific criteria. Subsequent to this amendment, a Tesla store was established and remains open today. Section 31-144(c)(1)(gg) of the LDRs limits the use to no more than one electric vehicle retail showroom per parcel. The Applicant is requesting a variance from this section to allow the establishment of a Rivian retail showroom ("Rivian Spaces"). Rivian's retail strategy involves the demo and showcase of vehicles on site to be purchased directly on the Rivian's website. See Exhibit #4 for additional information on Rivian Spaces. OWNER OF PROPERTY Aventura Mall Venture Lessor Turnberry Associates Aventura Mall Expansion Venture Lessee APPLICANT Michael Marrero c/o Bercow, Radell, Fernandez, Larkin and Tapanes ADDRESS OF PROPERTY 19565 Biscayne Boulevard, Space 1966 Aventura, FL 33180-2342 (See Exhibit #2 for Location Map). LEGAL DESCRIPTION A Portion of Tract "Q", Aventura 6th Addition Plat Book 120, Page 20 of the Public Records of Miami Dade County (See Exhibit #3 for complete Legal Description). Zoning — Subject Property B2 Community Business Properties to the North B2 Community Business CF Community Facilities Properties to the South B2 Community Business CF Community Facilities TC1 Town Center Properties to the East B2 Community Business RMF4 Multifamily High Density Residential Properties to the West B2 Community Business Existing Land Use — Subject Property Regional Mall Properties to the North Library and Fire Station Properties to the South Regional Mall and Office Properties to the East Retail, Office and Residential Properties to the West Retail and Office Future Land Use — Subject Property Business and Office Properties to the North Business and Office Properties to the South Business and Office 2 Town Center Properties to the East Business and Office Medium High Density Residential Properties to the West Business and Office ANALYSIS Consistency with Comprehensive Master Plan — The request is consistent with the City of Aventura Comprehensive Plan. This property is located within a Business and Office land use designation. Citizen Comments — Notices were mailed and the property was posted as required by City Code. The Community Development Department has received no written citizen comments to date. Community Development Department Analysis — The Property is located in the Community Business (132) district. Within this district, electric vehicle retail showrooms are allowed on parcels that include shopping centers of more than 1,000,000 square feet of gross leasable area and do not exceed five-stories height subject to specific criteria. The property meets the size and height requirements and Rivian Spaces retail model meets the specified criteria. The criteria require that no on-site vehicle storage beyond the showroom and no more than six (6) vehicles stored on site for test driving purposes are allowed. In addition, no delivery of vehicles and/or service of vehicles will be permitted on site. Prior to establishing the use, the applicant will provide the City a plan with the proposed location of test-driving vehicles. See Exhibit#4 for the"Rivian Spaces" business model. Criteria The guidelines for approval of variances as required by Section 31-76(e) of the City' s Land Development Regulation state: Standards of review. A variance shall be granted only where competent and substantial evidence presented in the particular case shows that all of the following are met- (1) The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the regulations were carried out literally. The Property is uniquely situated to accommodate more than one electric vehicle retail showroom. Given the increase in popularity of electric vehicles and increase in prominence of electric vehicle companies employing modern sales tactics since 2016, allowing only one (1) electric vehicle retail showroom creates a particular hardship on the Property. 3 (2) The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity. The conditions upon which the request for a variance is based are unique to the parcel and not generally applicable to other properties within the vicinity. There is no other shopping center building containing a total of more than 1,000,000 square feet of gross leasable area within the vicinity. (3) The alleged difficulty or hardship is not economic and has not been deliberately created to establish a use or structure, which is not otherwise consistent with the LDR. The alleged difficulty is not economic and has not been deliberately created to establish a use or structure which is not otherwise consistent with the LDR. (4) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. (5) The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity. The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity. 4 BERCOW RADELL FERNANDEZ VIA ELECTRONIC MAIL LARKIN i- TAPANES �ZONING,LANE USE AND ENUVIRONMENTAL LAW April 12, 2024 200 S.Biscayne Boulevard Mr. Keven Klopp, Planning Director Suite 300, Miami,FL 33131 Community Development Department City of Aventura www.brzoninglaw.com 19200 West Country Club Drive, 4th Floor Aventura, Florida 33180 305.377.6238 office 305.377.6222 fax Re: Rivian Automotive: Aventura Mall— 19565 Biscayne Boulevard, MMarrero@brzoninglaw.com Aventura, Florida 33180 Dear Ms. Klopp: Our law firm represents Turnberry Associates (the "Applicant") in relation to the referenced Rivian Automotive electric vehicle retail showroom ("Rivian Store") the Applicant intends to open within the Aventura Mall (the "Mall"). This letter shall serve as the Applicant's letter of intent in support of the application for a Variance to allow for two electric vehicle retail showrooms where no more than one is permitted on the Property pursuant to City Code Section 31-144. Background. In 2016, through Ordinance No. 2016-11, City Code Section 31-144(C)(1) was amended to include "electric vehicle retail showroom" as a permitted use in the Community Business ("132") zoning district in certain shopping centers meeting the specified criteria. See Exhibit A, Ordinance No. 2016-11. The amendment included the following additional criteria for when electric vehicle retail showrooms are permitted: (1) no more than one electric vehicle retail showroom shall be allowed on the parcel; (2) no on-site vehicle storage/stock beyond the showroom and vehicles for test drives shall be allowed; (3) no more than six electric vehicles produced by the electric vehicle motor company shall be stores on site, outside of the showroom, to be used for test drive purposes; (4) no delivery of vehicles and/or service of vehicles shall be permitted on site; and (5) prior to establishment of the use, a plan describing the proposed location of the test drive vehicles, the proposed hours and proposed location of test drives shall be Mr. Keven Klopp, Planning Director Page 2 submitted for review and approval of the City Manager. Such review and approval will include, but is not limited to, consideration of traffic patterns and traffic conditions in the parcel and in the City as a whole. Rivian Store. Rivian Automotive, Inc. ("Rivian") is an American-based, publicly traded, electric vehicle and technology company with the purpose of designing, developing, manufacturing, and selling fully electric vehicles, accessories, and related services directly to customers in the consumer and commercial markets. Pursuant to Rivian's Full Year 2023 Financial Results press release, the company sold more than 50,000 vehicles in 2023.' Unlike traditional automobile manufacturers and dealerships, Rivian deploys a vehicle ordering strategy more akin to a modern electronics company, where vehicles are purchased directly from the Rivian website or ordered in-store with the help of a specialist. Rivian vehicles are built to order; Rivian does not hold for-sale inventory on the premises of their retail stores. The purpose of the Rivian Store is to build a network of customer touchpoints in highly accessible and well-trafficked retail nodes, to create physical spaces where customers can learn about the products and drive brand awareness through location, design, education, and experience. Variance Request. The Mall is currently occupied by one (1) electric vehicle retail showroom. As such, the Applicant respectfully requests a variance from City Code Section 31- 144(C)(1)(gg)(1) requiring no more than one (1) electric vehicle retail showroom within the parcel, to permit a second electric vehicle retail showroom within the parcel, the Rivian Store. The Rivian Store conforms to all other requirements under City Code Section 31-144(C)(1)(gg). Ordinance No. 2016-011 reflects the City's acknowledgement of the rapidly growing electric vehicle market that is often accompanied by a non-traditional vehicle sales strategy, pioneered and made popular by Tesla, Inc. Accordingly, subsequent to this amendment, a Tesla store was opened in the Mall and remains open today. Since 2016, electric vehicle sales have grown exponentially. As a result of this growth, electric vehicle companies like Tesla and Rivian are rapidly emerging. Most of these companies, including Rivian, employ modern vehicle sales strategies that do not require inventory or a dealership. Approving this variance will accommodate the significant growth of the electric vehicle market since 2016. Variance Criteria. The proposed Variance addresses the criteria described in Sec. 31-76 governing Variances as follows: The Rivian Fourth Quarter and Full Year 2023 Financial Results press release can be found on the SEC website here: https://www.sec.gov/Archives/edgar/data/1874178/000187417824000012/ex- 991 pressrelease4g23earn.htm#:-:text=Total%20revenue%20for%20the%20fourth,by%2050%2C122%20total%20v ehicle%20del iveries. Bercow Radell Fernandez Larkin&Tapanes 1305.377.6238 direct 1305.377.6222 fax I MMarrero@brzoninglaw.com Mr. Keven Klopp, Planning Director Page 3 1. The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the regulations were carried out literally. The Property is uniquely situated to accommodate more than one electric vehicle retail showroom. Given the increase in popularity of electric vehicles and increase in prominence of electric vehicle companies employing modern sales tactics since 2016, allowing only one (1) electric vehicle retail showroom creates a particular hardship on the Property. 2. The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity. The conditions upon which the request for a variance is based are unique to the parcel and not generally applicable to other properties within the vicinity. There is no other shopping center building containing a total of more than 1,000,000 square feet of gross leasable area within the vicinity. 3. The alleged difficulty or hardship is not economic and has not been deliberately created to establish a use or structure which is not otherwise consistent with the LDR. The alleged difficulty is not economic and has not been deliberately created to establish a use or structure which is not otherwise consistent with the LDR. 4. The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. Bercow Radell Fernandez Larkin&Tapanes 1305.377.6238 direct 1305.377.6222 fax I MMarrero@brzoninglaw.com Mr. Keven Klopp, Planning Director Page 4 The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. 5. The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity. The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity. For all of the foregoing reasons we hereby request your favorable review and recommendation. We would appreciate your scheduling this application for the next available public hearing. Thank you for your attention to this matter. Sincerely, Mickey Marrero Enclosures CC: Jeffrey Bercow Benjamin Sherry Bercow Radell Fernandez Larkin&Tapanes 1305.377.6238 direct 1305.377.6222 fax I MMarrero@brzoninglaw.com Exhibit #2 Location Map sw 1st st ' SW 2nd St i o Hallandale �P�rsle5o` Ln Gulfstream Park Golden Isles < Al A Sun Swept ���--- Holiday Dr — — — — — d — — Isles- — —' --- "'— 1 1 NE 213th St z 1 1 m 1 1 p 1 1 3 1 1 , Aventura < 1 1 � > 1 1 a� m Highland Oaks N Countr 1 m a Park 1 Y Club Dr 1 1 � v 1 v 1 1 a O 1 1 0 z 1 1 iv 1 1 St i N�199tr < ff � Don Soer / 1 Exercise Trail / 1 Golden Beach Aventura Mall Aventura / 1 / 1 Lehman cswY ' W\\\\am 1 � z 1 NE 190th / m m v / NE 186th St / I / NE 183rd St / Greynolds Park / Point EastO / 2 Park rse !/ �~'NE 17 7ST St NE 170th St m NE 169th St v W i Mdule Sunny Isles ° 1 stake Beach li, Intracoastal Mall 826 At\antic NE 163rd r� w 05/10/2024 hil B2 Community Business District Subject Property _ _ ti City of Aventura Municipal Boundary �� Aventura Government center 4 tL, I MO West Country Club Dnve 0 0.28 0.55 1.1 mi ' Avenhm,F7nnda33180 © 0 0.42 0.85 1.7 km r r r uaa 046 FL.� 0 cc o° 7 YI` Q�9 { f. 19 a ■nn ■xr� ■m .4 ' " — Y'J 1 a EXHIBIT#3 LEGAL DESCRIPTION AVENTURA 6TH ADDN PB 120-20 PORT OF TR Q DESC COMM NW COR OF SEC 3-52-42 TH N 87 DEG E 875.83FT S 02 DEG 73FT S 87 DEG W 12.60FT SWLY-SELY AD 78.18FT S 02 DEG E 423.52FT N 87 DEG E 27.50FT S 02 DEG E 90FT N 87 DEG E 146.50FT S 47 DEG E 56.57FT S 02 DEG E 73.86FT FOR POB CONT S 02 DEG E 209.51 FT S 42 DEG W 56.57FT S 87 DEG W 146.50FT S 02 DEG E 90FT N 87 DEG E 146.50FT S 47 DEG E 56.57FT S 02 DEG E 200FT SELY AD 374.79FT S 09 DEG W 73.41 FT S 11 DEG E 10.70FT SELY AD 494.70FT S 56 DEG E 488.24FT SELY AD 507.20FT ELY AD 100.46FT N 73 DEG E 193.18FT NELY AD 510.02FT ELY-NLY AD 75.19FT NWLY AD 212.25FT NWLY AD 703.88FT S 80 DEG W 236.77FT S 14 DEG E 101.46FT S 34 DEG E 83.30FT SELY-SWLY AD 133.64FT N 74 DEG E 141.53FT SELY AD 77.51 FT S 15 DEG E 168FT SWLY AD 135.40FT SWLY AD 87.54FT S DEG 24 W 32.78FT SELY-SWLY AD 301.44FT S 84 DEG W 61.76FT SWLY AD 237.31 FT SWLY -NWLY AD 247.59FT N 68 DEG W 42.96FT NWLY AD 21.18FT S 25 DEG W 34.38FT N 65 DEG W 162.2FT NWLY AD 320.42FT N 56 DEG W 325.26FT N 49 DEG W 485.3FT N 74 DEG E 170.36FT N 15 DEG W 18FT N 74 DEG E 491.43FT S 60 DEG E 380.1 FT S 29 DEG W 6.62FT S 60 DEG E 94.67FT S 29 DEG W 78.54FT S 60 DEG E 31.21 FT S 15 DEG E 182.52FT N 74 DEG E 176.24FT N 60 DEG E 22.40FT N 74 DEG E 231.43FT N 22 DEG E 58.69FT N 60 DEG W 25.46FT N 15 DEG W 348.69FT S 74 DEG W 69.88FT SWLY-NWLY AD 38.13FT N 61 DEG W 202.52FT S 13 DEG W 22.74FT N 60 DEG W 162.1 FT S 74 DEG W 6.43FT N 15 DEG W 228.97FT N 74 DEG E 56.21 FT N 15 DEG W 5.80FT N 74 DEG E 13.48FT N 15 DEG W 40.2FT NWLY AD 33.50FT N 63 DEG W 45.29FT S 29 DEG W 80.93FT N 60 DEG W 192.78FT N 29 DEG E 98.20FT NWLY-NELY AD 149.04FT N 47 DEG W 28.37FT S 74 DEG W 381.80FT S 06 DEG E 43.83FT S 12 DEG W 81.07FT S 60 DEG E 111.20FT S 15 DEG E 30.25FT S 21 DEG E 196.90FT S 60 DEG E 35.07FT S 29 DEG W 177.10FT S 74 DEG W 107.65FT S 15 DEG E 61.23FT S 74 DEG W 240.85FT W127.50FT N 46 DEG W 38.81 FT NWLY AD 216.80FT N 02 DEG W 347.67FT S 88 DEG W 73.63FT TO POB & PORT OF TRS R&Q DESC COMM NE COR OF TR R TH S 02 DEG E 370.65FT SELY AD 279.13FT FOR POB TH SWLY AD 13.77FT S 65 DEG W 66.02FT WLY-NWLY AD 214.65FT N 22 DEG W 111.22FT NWLY AD 169.61 FT NWLY AD 161.21 FT N 69 DEG W 67.25FT N 64 DEG 34.73FT NELY-ELY AD 38.65FT N 87 DEG E 11.16FT N 02 DEG W 19.39FT N 87 DEG E 236.16FT N 02 DEG W 64.99FT S 87 DEG W 350FT N 13 DEG W 469.40FT NLY AD 68FT S 13 DEG W 120.97FT SWLY AD 112.82FT S 47 DEG W 108.66FT S 42 DEG E 432.51 FT SELY AD 131.6FT S 72 DEG E 8.09FT SELY AD 154.57FT S 27 DEG E 76.71 FT SELY AD 216.92FT S 14 DEG E 248.12FT N 74 DEG E 70.25FT NELY AD 86.90FT N 65 DEG E 138.72FT NLY AD 73.19FT TO POB LESS PORT FOR R/W LOT SIZE 28.604 AC M/L FAU 30-2203-038-0070 OR 14572-870 0690 5 a N 0 v J ¢ z w 0 z 0 U 4�J Q w a O a w Jw w ¢ w U) w U Lo a z > L cz O L� O � w Q O U) Q U w U Lo a J • cz CZ cz No c E ■ — a- j U CZ cz E > . _ J O to ' � aor) SIOVdS NVIAIil t CIO N 0 k � N I1 � J IM L - O 7 4-1 _N O �\ +-+ •U a-1 C� � O N Q 7 N C� Q� U CO U) E 0 O o `� cn O cn � cn (Zoc L- 0) ° :� � � 0 0o E coo OX � 0CE U O +� N E O N U C N 3: O D U .0 N •� 4- oO U U O N a +� N O O 0 Q U E Q c� a E N O > Cn 4-' N Cn Cn N CZ N > Q � Q �C N _N k C� co U Cn > U N 7D ;,o»a: N„a �l � \ � » INW7 e § } p . . r � • :. x \ E % 2 > ° ® _ � f 2 ( \ = o = _ \ # \ e \ / k j \ ' / / / \ \ / _ \ / 7 \ » k k » \ j ( 2 / J > 3 � / o = @ c ® — _ , _ ` am - ° g = a. \ d a ® � ) / ] \ % § k / 3 6 \ 2 , o > x = . o 8 » ° » ( - ° E o % E / ƒ a a % « ± z e Q Q S \ f \ J / ] > \ / 2 ) m [ k 0 3 = E \ ! 2 @ } $ 2 \ _ ° = a E G / c = 2 ® _ > / & J 2 2 k CL E j 8 ( — y $ = > c / t < § / a 0 — ° ± ® _ o g g = u ° \ \ \ 2 / 5 # / _ / ] ) s / / $ I a \ � « O / $ — o = E 2 a k 2 \ 7 E % _ % \ 2 = y — 5 \ \ ( / / 7E / \ { j } \ N � k � § [ \ \ \ \ \ \ j S / _ / / \ \ k § k � . 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I Q w W � N cmc O-N�� i ?>cq�'oOQ��dZQ[OU O a S O I •V ,);lip � V Q SIOVdS NVIAIil a N 0 N i Q a z O LLI rn� AA CD a J llllllll +-0 .- Lo w +� Q w Q 3 49 � o x IBM m O CL o °'. LO \V - YZc�ow: •\� YZ cow < A c z Z y • i u, r■ = Y r�■r� y„ 1 1 SIOVdS NVIAIil a N 0 N Q J ~ 0 U a O I � .�1 III • - � V:j ..� _ ♦ R �I OII� 11 Ord 1,t e r t' 4-1 O 4 t i 0 W U cq - w a .� (D w n/ U) 19 w U Lo p a i 4 Z J Q CITY OF AVENTURA RESOLUTION NO. 2024- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING A VARIANCE FROM SECTION 31- 144(C)(1)GG OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW TWO (2) ELECTRIC VEHICLE SHOWROOMS ON A SHOPPING CENTER PARCEL WHERE NO MORE THAN ONE (1) IS PERMITTED ON THE PROPERTY LOCATED AT 19565 BISCAYNE BOULEVARD, IN THE CITY OF AVENTURA; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property located at 19565 Biscayne Boulevard, Space 1966, legally described in Exhibit "A", is zoned B2, Community Business District; and WHEREAS, the property is a shopping center with an existing electric vehicle retail showroom; and WHEREAS, the applicant, Michael Marrero c/o Bercow, Radell, Fernandez, Larkin and Tapanes, on behalf of Turnberry Associates, through Application No. VAR2404-0001, is requesting a variance from Section 31-144(c)(1)(gg) of the City's Land Development Regulations to permit a second electric vehicle showroom at the property when no more than one is permitted; and WHEREAS, following proper notice, the City Commission held a public hearing as provided by law; and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances, to the extent the Application is granted herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The request for variance from Section 31-144(c)(1)(gg) of the City's Land Development regulations (LDRs) to permit a second electric vehicle showroom at the property when no more than one is permitted, on property legally described in Exhibit "A", is hereby granted exclusively to the applicant, subject to the following conditions: City of Aventura Resolution No. 2024- 1. No on-site vehicle storage beyond the showroom and no more than six (6) vehicles stored on site for test driving purposes are allowed. In addition, no delivery of vehicles and/or service of vehicles will be permitted on site. Prior to establishing the use, the applicant will provide the City a plan with the proposed location of test-driving vehicles. 2. A building permit for the project shall be obtained within twelve (12) months of the date of the Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission. The City Commission may, at a regular or special meeting, grant up to a six-month extension request for good cause shown by the applicant. Section 2. The City Manager is authorized to issue permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 3. Issuance of this development order by the City of Aventura does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City of Aventura for issuance of the development order if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All applicable state and federal permits must be obtained before commencement of the development. This condition is included pursuant to Section 166.033, Florida Statutes, as amended. Section 4. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Page 2 of 3 City of Aventura Resolution No. 2024- Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Michael Stern Vice Mayor Dr. Linda Marks Mayor Howard S. Weinberg PASSED AND ADOPTED this 4t" day of June, 2024. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ROBERT MEYERS CITY ATTORNEY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. This Resolution was filed in the Office of the City Clerk this 4t"day of June, 2024. ELLISA L. HORVATH, MMC CITY CLERK Page 3 of 3 EXHIBIT#3 LEGAL DESCRIPTION AVENTURA 6TH ADDN PB 120-20 PORT OF TR Q DESC COMM NW COR OF SEC 3-52-42 TH N 87 DEG E 875.83FT S 02 DEG 73FT S 87 DEG W 12.60FT SWLY-SELY AD 78.18FT S 02 DEG E 423.52FT N 87 DEG E 27.50FT S 02 DEG E 90FT N 87 DEG E 146.50FT S 47 DEG E 56.57FT S 02 DEG E 73.86FT FOR POB CONT S 02 DEG E 209.51 FT S 42 DEG W 56.57FT S 87 DEG W 146.50FT S 02 DEG E 90FT N 87 DEG E 146.50FT S 47 DEG E 56.57FT S 02 DEG E 200FT SELY AD 374.79FT S 09 DEG W 73.41 FT S 11 DEG E 10.70FT SELY AD 494.70FT S 56 DEG E 488.24FT SELY AD 507.20FT ELY AD 100.46FT N 73 DEG E 193.18FT NELY AD 510.02FT ELY-NLY AD 75.19FT NWLY AD 212.25FT NWLY AD 703.88FT S 80 DEG W 236.77FT S 14 DEG E 101.46FT S 34 DEG E 83.30FT SELY-SWLY AD 133.64FT N 74 DEG E 141.53FT SELY AD 77.51 FT S 15 DEG E 168FT SWLY AD 135.40FT SWLY AD 87.54FT S DEG 24 W 32.78FT SELY-SWLY AD 301.44FT S 84 DEG W 61.76FT SWLY AD 237.31 FT SWLY -NWLY AD 247.59FT N 68 DEG W 42.96FT NWLY AD 21.18FT S 25 DEG W 34.38FT N 65 DEG W 162.2FT NWLY AD 320.42FT N 56 DEG W 325.26FT N 49 DEG W 485.3FT N 74 DEG E 170.36FT N 15 DEG W 18FT N 74 DEG E 491.43FT S 60 DEG E 380.1 FT S 29 DEG W 6.62FT S 60 DEG E 94.67FT S 29 DEG W 78.54FT S 60 DEG E 31.21 FT S 15 DEG E 182.52FT N 74 DEG E 176.24FT N 60 DEG E 22.40FT N 74 DEG E 231.43FT N 22 DEG E 58.69FT N 60 DEG W 25.46FT N 15 DEG W 348.69FT S 74 DEG W 69.88FT SWLY-NWLY AD 38.13FT N 61 DEG W 202.52FT S 13 DEG W 22.74FT N 60 DEG W 162.1 FT S 74 DEG W 6.43FT N 15 DEG W 228.97FT N 74 DEG E 56.21 FT N 15 DEG W 5.80FT N 74 DEG E 13.48FT N 15 DEG W 40.2FT NWLY AD 33.50FT N 63 DEG W 45.29FT S 29 DEG W 80.93FT N 60 DEG W 192.78FT N 29 DEG E 98.20FT NWLY-NELY AD 149.04FT N 47 DEG W 28.37FT S 74 DEG W 381.80FT S 06 DEG E 43.83FT S 12 DEG W 81.07FT S 60 DEG E 111.20FT S 15 DEG E 30.25FT S 21 DEG E 196.90FT S 60 DEG E 35.07FT S 29 DEG W 177.10FT S 74 DEG W 107.65FT S 15 DEG E 61.23FT S 74 DEG W 240.85FT W127.50FT N 46 DEG W 38.81 FT NWLY AD 216.80FT N 02 DEG W 347.67FT S 88 DEG W 73.63FT TO POB & PORT OF TRS R&Q DESC COMM NE COR OF TR R TH S 02 DEG E 370.65FT SELY AD 279.13FT FOR POB TH SWLY AD 13.77FT S 65 DEG W 66.02FT WLY-NWLY AD 214.65FT N 22 DEG W 111.22FT NWLY AD 169.61 FT NWLY AD 161.21 FT N 69 DEG W 67.25FT N 64 DEG 34.73FT NELY-ELY AD 38.65FT N 87 DEG E 11.16FT N 02 DEG W 19.39FT N 87 DEG E 236.16FT N 02 DEG W 64.99FT S 87 DEG W 350FT N 13 DEG W 469.40FT NLY AD 68FT S 13 DEG W 120.97FT SWLY AD 112.82FT S 47 DEG W 108.66FT S 42 DEG E 432.51 FT SELY AD 131.6FT S 72 DEG E 8.09FT SELY AD 154.57FT S 27 DEG E 76.71 FT SELY AD 216.92FT S 14 DEG E 248.12FT N 74 DEG E 70.25FT NELY AD 86.90FT N 65 DEG E 138.72FT NLY AD 73.19FT TO POB LESS PORT FOR R/W LOT SIZE 28.604 AC M/L FAU 30-2203-038-0070 OR 14572-870 0690 5 CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager(g' BY: Keven Klopp, Community Development Directories DATE: May 31, 2024 SUBJECT: General Housekeeping Updates to the City's Code of Ordinances June 4, 2024 Local Planning Agency Meeting Agenda June 4, 2024 City Commission Meeting Agenda (First Reading) July 2, 2024 City Commission Meeting Agenda (Second Reading) RECOMMENDATION It is recommended that the City Commission approve amendments to the following Sections of the City of Aventura Code of Ordinances- 1. Chapter 14 — BUILDINGS AND BUILDING REGULATIONS ARTICLE V. — CONSTRUCTION SITES Sec. 14-100. — Securing of construction sites; other requirements. 2. Chapter 31 — LAND DEVELOPMENT REGULATIONS ARTICLE VII. — USE REGULATIONS Sec. 31-143. — Residential Zoning Districts 3. Chapter 31 — LAND DEVELOPMENT REGULATIONS ARTICLE IX. — SIGN REGULATIONS Sec. 31-191. — Sign regulations generally. 4. Chapter 31 — LAND DEVELOPMENT REGULATIONS ARTICLE X. — LANDSCAPING REQUIREMENTS Sec. 31-221. — Landscaping requirements. 5. Chapter 38 — SOLID WASTE ARTICLE II. - COLLECTION FRANCHISES Sec. 38-48. — Office hours; collection hours. 6. CHAPTER 45 — TELECOM UNICATIONS ARTICLE II. - TELECOMMUNICATIONS FACILITIES IN PUBLIC RIGHTS-OF- WAY Sec. 45-38. — Use of rights-of-way. BACKGROUND City staff periodically reviews the City's Code of Ordinances to address any necessary corrections, clarifications, or recommendations for improvement. THE PROPOSED AMENDMENTS The proposed amendments to the Code of Ordinances are provided as exhibits attached to the proposed ordinance. ANALYSIS The following sections of the City's Code of Ordinances have been amended in accordance with Section 1-11.- Amendments to Code; effect of new ordinances; amendatory language - as outlined below: Sec. 14-100. — Securing of construction sites; other requirements. This amendment aims to maintain cleanliness and safety at construction sites by requiring the covering of dumpsters when not in use. Uncovered dumpsters often attract unauthorized dumping of waste, which can lead to environmental pollution and hazards. Sec. 38-48. — Office hours; collection hours. This amendment aims to establish appropriate collection hours for solid waste disposal that align with those established by the noise ordinance requirements, thereby mitigating disturbances to residents and maintaining community tranquility. Sec. 45-38. — Use of rights-of-way. The purpose of this amendment is to correct references to a non-existing section of the code, Section 28-2, and replace it with the applicable reference, Sec. 42.1. The amendments to Chapter 31 — Land Development Regulations were reviewed by staff under the Section 31-77(g) Standards for reviewing proposed amendments to the text of the LDR of the City Code of Ordinances- (1) The proposed amendments are legally required. The proposed amendments are legally required to implement the requested revision to the Land Development Regulations (LDRs). (2) The proposed amendments are consistent with the goals and objectives of the Comprehensive Plan. 2 The proposed amendments are consistent with the goals and objectives of the Comprehensive Plan of providing as per details provided on Paragraph 3 below. (3) The proposed amendments are consistent with the authority and purpose of the LDRs. The proposed amendments are consistent with the authority and purpose of the Land Development Regulations. The purpose of the LDRs is to implement further the Comprehensive Plan of the City by establishing regulations, procedures and standards for review and approval of all development and uses in the City. (4) The proposed amendments further the orderly development of the City. The proposed amendments further the orderly development of the City as per details provided on Paragraph 3 above. (5) The proposed amendments improve the administration or execution of the development process. The proposed amendments improve the administration or execution of the development process as it provides necessary corrections and clarifications. 3 CITY OF AVENTURA ORDINANCE NO. 2024- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING SECTION 14-100 "SECURING OF CONSTRUCTION SITES; OTHER REQUIREMENTS" OF CHAPTER 14; AMENDING SECTION 31-143 "RESIDENTIAL ZONING DISTRICTS," SECTION 31-191 "SIGN REGULATIONS GENERALLY," AND SECTION 31-221 "LANDSCAPING REQUIREMENTS" OF CHAPTER 31; AMENDING SECTION 38-48 "OFFICE HOURS; COLLECTION HOURS" OF CHAPTER 38; AMENDING SECTION 45-38 "USE OF RIGHTS-OF-WAY" OF CHAPTER 45 TO CLARIFY AND UPDATE CERTAIN TERMS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura ("City") periodically performs a review of its Code of Ordinances ("Code") to identify terms that need updating or clarification; and WHEREAS, the City recently reviewed its Code and determined such revisions are warranted in Chapters 14, 317 38 and 45; and WHEREAS, the City Commission finds it is in the best interest of the City to amend its ordinances as recommended by staff and specifically identified in Exhibit "A," which is attached and incorporated herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals Incorporated. That each of the above-stated recitals are hereby adopted and confirmed. Section 2. City Code Amendments. That the following Chapters are amended in accordance with Exhibit A, which identifies additions to the existing Code with underlining and deletions with strikethrou h features: • Chapter 14, Article V, Section 14-100, "Securing of construction sites; other requirements." • Chapter 31, Article VI I, o Section 31-143, "Residential Zoning Districts." o Section 31-191, "Sign regulations generally." o Section 31-221, "Landscaping requirements." • Chapter 38, Article II, Section 38-48, "Office hours; collection hours." • Chapter 45, Article II, Section 45-38, "Use of rights-of-way." City of Aventura Ordinance No. 2024- Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in the Code. That 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 intention; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Effective Date. That 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 Amit Bloom Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Michael Stern Vice Mayor Dr. Linda Marks Mayor Howard S. Weinberg 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 Amit Bloom Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Michael Stern Vice Mayor Dr. Linda Marks Mayor Howard S. Weinberg Page 2 of 3 City of Aventura Ordinance No. 2024- PASSED on first reading this 4t" day of June, 2024. PASSED AND ADOPTED on second reading this 2nd day of July, 2024. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ROBERT MEYERS CITY ATTORNEY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. Page 3 of 3 CITY OF AVENTURA ORDINANCE 2024- 6/4/24 EXHIBIT"A" Chapter 14 - BUILDINGS AND BUILDING REGULATIONS! ARTICLE V. -CONSTRUCTION SITES Sec. 14-100.-Securing of construction sites; other requirements. (f)Prohibitions;requirements. (1)The owner,occupant or user of a construction site shall not engage in any activity which poses a danger to persons located off of the construction site,from debris, materials or activities carried on at the construction site, and shall take necessary precautions.A contractor engaging in work at a site or pulling a building permit for a site constitutes a "user"of a site. (2)The owner,occupant or user of a construction site(other than one solely consisting of a single-family or duplex residence which is not part of the construction of a development) shall secure the site from unauthorized access between the hours of 6:00 p.m. of each day to 6:00 a.m.of the next day by the use of a locked fence and/or security guard. (3)The owner,occupant or user of a construction site shall keep all access roads to the construction site clear of debris for safe travel by authorized persons. (4) In the event that a hurricane watch is issued by the United States Weather Bureau,the owner,occupant or user of a construction site shall comply with the requirements of section 5-16 of the Miami-Dade County Code, by taking all steps necessary to secure the construction site, including removal or securing of hazardous or loose objects. (5) Motor vehicles which are used by construction workers and others involved in the construction of the project at the site for the purpose of commuting to or from the site,shall not be parked off of the site of the project except in an area or location which shall be first approved in writing by the City Manager or his designee. Parking areas are to be properly screened from the public and shall not be detrimental to the surrounding neighborhood. The City approval shall be based on assuring that: public street or rights-of-way are not blocked;that adequate parking remains for existing residences and businesses; and that any impact to public parking resources is mitigated. (6)Any construction vehicles or equipment involved in construction at a site which block a public roadway or right- of-way shall require a City right-of-way use permit and approval,with appropriate conditions,as issued by the City Manager or his designee,72 hours in advance of any such activities which impact a public right-of-way. (7)The owner,occupant or user of a construction site shall comply with the restrictions of subsection 30-33(15) "Construction" of the City Code which regulates noise related to construction activities. (8)The owner,occupant or user of a construction site shall complete job site maintenance,on a daily basis, prior to the conclusion of each day's work. Daily job site maintenance shall include the following: a. Sweeping of public roadways which are directly affected by construction site dust,debris or activities; 1 Underlined text indicates insertions. Stricken-through text indicates deletions. CITY OF AVENTURA ORDINANCE 2024- 6/4/24 EXHIBIT"A" b. Pick up and disposal of litter at or generated by the construction site; c.Washing down of any street signs or public facilities which are impacted by dust or debris from the construction site activity; d. Stacking of materials and equipment which are visible from a public right-of-way in an orderly appearance; e. Stacking of construction materials in a manner which assures that the materials and the material packaging shall not fall or be transported into any canals, lakes,drainage facilities or other water bodies in the vicinity of the site; f.Watering of exposed loose earth at the site so as to minimize off-site transport of particulate matter; g. Compliance with additional job site maintenance components which are described in an applicable job-site plan (the"Plan")for the project site. h. Construction dumpsters must be covered at all times when not in use. CITY OF AVENTURA ORDINANCE 2024- 6/4/24 EXHIBIT"A" Chapter 31 - LAND DEVELOPMENT REGULATIONS, ARTICLE VII.-USE REGULATIONS Sec. 31-143.- Residential Zoning Districts. (f) „6f ... y Migh D , 4t R -d-e tk 1 oi_44;68/Room l Multifamily Medium High Density Residential Districts RMF4 The following regulations shall apply to all RMF4 Districts. ARTICLE IX.-SIGN REGULATIONS Sec. 31-191.-Sign regulations generally. (k) Temporary signs. Temporary signs shall comply with the following restrictions,conditions,and limitations: (11)Temporary signs must be posted in accordance with the following tables. (11)Temporary Window Sign During Construction of Tenant Space: Residential Non-Residential District District Approvals Not Sign Permit Required necessary permitted Number One per establishme+t One per window (maximum) Sign area Ten percent of window area up to a maximum of ten square feet (maximum) Time Limit Permitted for a 12-month period from date of building permit issuance until the date of issuance of a Certificate of Completion or Occupancy,or until a permitted temporary banner is erected,or until a permitted permanent wall sign is erected,whichever first occurs 1 Underlined text indicates insertions. Stricken-through text indicates deletions. CITY OF AVENTURA ORDINANCE 2024- 6/4/24 EXHIBIT"A" ARTICLE X. -LANDSCAPING REQUIREMENTS Sec.31-221.-Landscaping requirements. (j) Tree removal permit. No existing tree on the site having a trunk diameter of three inches or greater,or trees with an overall height of twelve feet and greater, shall be removed or relocated without a permit from the community development department of the city. In evaluating whether to grant a tree removal permit,the Director or Designee shall consider the size, species (native or not), health, rareness and age of the tree. A tree survey identifying all existing trees over three inches in diameter or trees with an overall height of 12 feet and greater shall be included with any building permit application.This survey drawing shall be overlaid directly upon the site plan sufficiently to provide the accurate location of all existing trees which are proposed to be destroyed, relocated,or preserved,the identification number of each tree,botanical name and common name of each tree,diameter at breast height(DBH) of each tree,height and canopy spread of each tree,condition and disposition of each tree.An arborist's report may be required at the discretion of the Community Development Director. In addition,all applicable portions of Section 24-49 of the Code of Miami-Dade County are adopted herein. Applicability of the Miami-Dade County Ordinance shall be as determined by the Director or Designee. CITY OF AVENTURA ORDINANCE 2024- 6/4/24 EXHIBIT"A" Chapter 38 - SOLID WASTE, ARTICLE II.-COLLECTION FRANCHISES Sec. 38-48.-Office hours; collection hours. (a) The franchisee's office shall remain open Monday through Friday from 8:30 a.m. to 5:00 p.m. for the purpose of handling complaints; and for that purpose, there shall be maintained an adequate number of telephones and a responsible person in charge during the hours specified.These requirements do not apply on legal holidays. (b) Collections shall normally be made in residential areas no earlier than 6!Q0 a-rw.7:00 a.m.and no later than 7:00 p.m., or as otherwise prescribed by the City,with no service on Sunday,except in time of emergency or to maintain schedules due to holidays.Changes to these hours must be approved by the City Manager. Chapter 45 —TELECOMMUNICATIONS, ' Underlined text indicates insertions. Stricken-through text indicates deletions. ' Underlined text indicates insertions. Stricken-through text indicates deletions. CITY OF AVENTURA ORDINANCE 2024- 6/4/24 EXHIBIT"A" ARTICLE II. -TELECOMMUNICATIONS FACILITIES IN PUBLIC RIGHTS-OF-WAY Sec.45-38.-Use of rights-of-way. (a) A facility owner agrees at all times to comply with and abide by all applicable provisions of the State statutes and local laws including, but not limited to, applicable zoning regulations not inconsistent with State and Federal laws. (b) Except in the case of an emergency,which shall include without limitation an out of service condition affecting 911 service,and which shall require subsequent notification to the City,no telecommunications service provider shall construct any facility on, over, above, along, upon, under, across, or within any public right-of-way which disrupts the public rights-of-way without first filing an application with and obtaining a permit from the City therefor, pursuant to applicable permitting requirements of the City, including but not limited to section 24�-2 42-1 of the City Code, except as otherwise provided in this article. In case of the repair or maintenance of an existing facility,the City may impose lesser requirements than those set forth herein. Unless otherwise required by the City Code, no permit shall be required for installation and maintenance of service connections to customers' premises where there will be no disruption of the public rights-of-way. CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager Cy!�— DATE- May 31, 2024 SUBJECT: Ordinance Revising the Land Development Regulations to Modify the Prohibition on Billboards June 4, 2024 Local Planning Agency Meeting Agenda June 4, 2024 City Commission Meeting Agenda (First Reading) July 2, 2024 City Commission Meeting Agenda (Second Reading) RECOMMENDATION It is recommended that the City Commission modify the prohibition on billboards in the City to allow the City Commission to approve them on a case by case basis. THE REQUEST The Land Development Regulations currently designate billboards as prohibited signs. The Code's only exception was to grandfather those billboards that were already in existence when the prohibition was enacted. The proposed amendment allows the City Commission to approve billboards on a case by case basis. BACKGROUND The City Commission, at its April 2024 Commission Workshop, indicated its support for a new billboard on the west side of Biscayne Blvd. near NE 206 Street. The proposed amendment is necessary to facilitate that approval. ANALYSIS The City will gain substantial revenue from the billboard(s) it allows. CITY OF AVENTURA ORDINANCE NO. 2024- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 31, "LAND DEVELOPMENT REGULATIONS" OF THE CITY CODE OF ORDINANCES BY AMENDING SECTION 31-191(f) "PROHIBITED SIGNS", ALLOWING FOR BILLBOARDS IN A LIMITED CAPACITY IN THE CITY SUBJECT TO CITY COMMISSION APPROVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura (the " City") Commission recognizes that changes to the adopted Code of Ordinances are periodically necessary in order to ensure that the City's regulations are current and consistent with the City's planning and regulatory needs; and WHEREAS, the City Commission finds the Land Development Regulation's strict prohibition of billboards to be unnecessarily restrictive; 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 Local Planning Agency has reviewed the proposed amendment and has recommended approval to the City Commission; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with the law; and WHEREAS, The City Commission has reviewed the proposed amendment, and finds that it is in the best interest of the public to amend Section 31-191(f) of the LDRs as set forth in this Ordinance; and WHEREAS, the City Commission has reviewed the action set forth in the ordinance and has determined that such action is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Findings. That the foregoing "Whereas" clauses are hereby ratified and incorporated as the legislative intent of this Ordinance. Section 2. City Code Amended. Section 31-191(f) "Prohibited Signs" of Chapter 31 "Land Development Regulations" of the City Code is hereby amended to read as follows' Underlined text indicates insertions. City of Aventura Ordinance No. 2024- (f) Prohibited signs. The following are prohibited: (12) Billboards, other than those lawfully existing on the effective date of Ordinance No. 97-12, protected by F.S. § 479.15(2), and/or expressly allowed by the City Commission by Resolution. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in the Code. That it is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Aventura; that the sections of this Ordinance may be renumbered or re-lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner who moved its adoption on first reading. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Michael Stern Vice Mayor Dr. Linda Marks Mayor Howard S. Weinberg Page 2 of 3 City of Aventura Ordinance No. 2024- The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Michael Stern Vice Mayor Dr. Linda Marks Mayor Howard S. Weinberg PASSED on first reading this 4t" day of June, 2024. PASSED AND ADOPTED on second reading this 2nd day of July, 2024. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ROBERT MEYERS CITY ATTORNEY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. This Ordinance was filed in the Office of the City Clerk this 2nd day of June, 2024. ELLISA L. HORVATH, MMC CITY CLERK Page 3 of 3