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07-19-2001 Workshop -., /a. ~"". - '-'" y City Commission Workshop Meeting 19200 West Countrv Cluh Drive Aventura. FL July 19, 2001 Following the 9 AM Special Meeting. AGENDA 1. FLC Committee Appointments* 2. Disclosure Ordinances* 3. City Manager's Report* 4. Land Development Code Issues* 5. City Choir (Commissioner Berger)* 6 Rep. Gelber Office Space Request 7 City Clerk Review * Back-up Information Exists September Workshop . A ventura Cultural Center Foundation . Sterling Senior Center Program This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, aJl 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. Page 1 of 1 Eric M. Soroka From: To: Sent: Subject: 'Teresa Soroka" <sorokae@cityofaventura.com> Tuesday, July 10, 2001 1 :37 PM [Fwd: List of Committees] -------- Original Message ------- Subject:List of Committees Date:Tue, 10 Ju12001 12:37:23 -0400 From:A11ison Payne <APayne@flcities.com:>: To: "~sorokat(a)cityofaventura.com'" ~sorokat@,cityofaven1!lmcom> Per your request, The League has six legislative policy committees. They include: criminal Justice, Ethics and Personnel Environmental Quality Intergovernmental Relations Municipal Finance and Taxation Urban Administration utilities and Telecommunications The League does have other committees such as a Federal Action Strike Team (FAST) and an International committee. All committees are appointed by the current FLC president. I hope this helps. Please let me know if you have any questions or require additional information. Thanks. Allison Payne FL League of Cities 7/10/2001 ORDINANCE NO. 2001 AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING THE CITY CODE BY AMENDING CHAPTER 31 "LAND DEVELOPMENT REGULATIONS," BY AMENDING ARTICLE V "DEVELOPMENT REVIEW PROCEDURES," BY AMENDING SECTION 31-71 "PROCEDURES OF GENERAL APPLICABILITY," BY AMENDING PARAGRAPH (B) "APPLICATION REQUIREMENTS," TO PROVIDE REQUIREMENT THAT APPLICATIONS CONTAIN AFFIDAVITS OF THE APPLICANT INCLUDING AN "APPLICANT REPRESENT A TIVE AFFIDA VIT" AND A "BUSINESS RELATIONSHIP AFFIDAVIT," PROVIDING FOR DISCLOSURE OF REPRESENT A TIVES AND BUSINESS RELATIONSHIPS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE, WHEREAS, the City of Aventura desires to enact certain requirements for public disclosure of applicant representatives and of business relationships between an applicant for a development permit and a member of the City Commission or any City Advisory Board; and WHEREAS, the City Commission has determined that applicants are in the best position to determine and disclose whether any business relationships exist. IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals AdoDted. Each of the above recitals is hereby confirmed and adopted. Section 2. Code Amended. That the City Code of the City of Aventura, Florida is hereby amended by amending Chapter 31 "Land Development Regulations," at Article V "Development Review Procedures," at Section 31-71 "Procedures of General Applicability," by amending paragraph (b) "Application Requirements," to read as follows: I ] I Additions to existing text are indicated by underline. Ordinance No. 2001-_ Page 2 ARTICLE V. DEVELOPMENT REVIEW PROCEDURES. Section 31-71. Procedures of General Applicability. * * * (b) Application requirements. ill Every application for development permit shall be in a form specified by the Community Development Department and shall be accompanied by a fee, as established from time to time by the City, to defray the costs of processing and reviewing the application and the required notice. The application shall be prepared in the appropriate number of copies, accompanied by such plans, data, or documents specified by the application form or by the Community Development Di rector. ill The Application form shall include each of the following additional items: (i) Avvlicant Revresentative Affidavit. Each individual or entity applying for a development permit must submit, with the Application, an "Applicant Representatiye Affidayit". The affidavit must be on a form provided bv the City and be signed by an authorized representative of the indiyidual or entity applying for the development permit, and the owner of the property subiect to the application (if different). whose signatures must be notarized. The form for the affidavit shall be prepared and distributed by the Community Deyelopment Director or his or her designee. and shall identify all oersons representing the indiyidual or entity applying for the development permit in connection with the application, including. but not limited to, all attorneys. architects, landscape architects, engineers and lobbyists (the "Representatives"), Any statement or representation made by any person listed on the Applicant Representative Affidavit shall be binding upon the individual or entity applying for the development permit and the owner of the subiect property. (ii) Business Relationshiv Affidavit. Each individual or entity applying for a development permit. the owner of the property subiect to the application. and each individual or entity appearing on the Applicant Representative Affidavit (including Representatives) must submit. with the application. a "Business Relationship Affidavit." The affidavit must be on a form provided by the City and be signed by an authorized representative of the indiyidual or entity submitting the affidavit. whose signature must be notarized. The form for the affidavit shall be prepared and distributed bv the Community Development Director or his or her designee. and shall require the 2 Ordinance No. 2001-_ Page 3 individual or entitv oroviding the affidavit to disclose whether it has anv Business Relationshios with anv member of the Citv Commission or any City Advisory Board to which the application will be presented, and, if so, disclose the identity of the City Commission or City Advisory Board member with which the individual or entity submitting the affidavit has a Business Relationship and the nature of the Business Relationship. (iii) Definition. The term "Business Relationship," as used herein. IS defined in Section 2-395 of the City Code. (iv) Duty to Suoolement Affidavits. If. at any time prior to City Advisory Board or City Commission consideration of an application for a development permit. the information contained in any Applicant Representative Affidavit or Business Relationship Affidavit becomes incorrect or incomplete, the verson or entity submitting the affidavit must supplement the affidavit and, if the supplementation requires the submission of additional Applicant Representative Affidavits or Business Relationship Affidavits. ensure that such affidavits are also filed with the City. If any supplementary affidavits are submitted less than seven (7) days before the application is scheduled for consideration by the City Commission or any City Advisory Board. the application may be withdrawn by the Community Development Director or his or her designee. and placed on a subsequent agenda. Section 3. Severability. That 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 invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect. it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of the City of A ventura; that the sections of this Ordinance may be renumbered or relettered 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. 3 Ordinance No. 2001-_ Page 4 The foregoing Ordinance was offered by Commissioner its adoption on first reading. The motion was seconded by Commissioner upon being put to a vote, the vote was as follows: , who moved and, Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Jeffrey M. Perlow 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 Arthur Berger Commissioner Jay R. Beskin Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Jeffrey M. Perlow PASSED AND ADOPTED on first reading this _ day of ,2001. PASSED AND ADOPTED on second reading this _ day of ,2001. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY 4 ORDINANCE NO. 2001 AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING THE CITY CODE BY AMENDING CHAPTER 2 "ADMINISTRATION" BY AMENDING ARTICLE VII "CODE OF ETHICS" BY CREATING SECTION 2.395 "DISCLOSURE OF BUSINESS RELATIONSHIPS," TO PROVIDE FOR THE DISCLOSURE OF BUSINESS RELATIONSHIPS BY MEMBERS OF THE CITY COMMISSION AND CITY ADVISORY BOARDS WITH APPLICANTS, APPLICANT'S REPRESENTATIVES AND INTERESTED PERSONS APPEARING BEFORE THE CITY COMMISSION OR CITY ADVISORY BOARDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the Florida Legislature has enacted comprehensive ethical standards which apply to all public officers and employees, at Part III of Chapter 112, Florida Statutes; and WHEREAS, Section 2-11.1 of the Miami-Dade County Code, as adopted by City Code Section 2-392(2), generally provides certain additional ethical standards; and WHEREAS, Section 112.326, Florida Statutes, explicitly allows more stringent, non- conflicting regulation of ethics by municipalities; and WHEREAS, the City Commission desires to adopt and apply additional disclosure requirements, supplementing the existing provisions of Article VII of Chapter 2 of the City Code, as described herein, so as to protect the public's interest. IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. Each of the above recitals is hereby confirmed and adopted. Section 2. City Code Amended. That the City Code of the City of Aventura, Florida is hereby amended by amending Chapter 2 "Administration," by amending Article VII "Code of Ethics" by creating Section 2-395 "Disclosure of Business Relationships" to read as follows: Ordinance No. 2001-_ Page 2 Section 2-395. Disclosure of Business Relationships. I. Definitions. (a) Applicant. As used herein, the term "Applicant" means any individual or entity requesting action of the City Commission or a City Advisory Board upon an application and all persons or entities representing such individual or entity (including, but not limited to, all attomeys, architects, landscape architects, engineers and lobbyists) (the "Representatives"), and any individual who holds directly or indirectly, a five (5%) percent or more ownership interest in the total assets or capital stock of such Applicant entity. (b) Business Relationship. As used herein the term "Business Relationship" means that a member of the City Commission or a City Advisory Board has a Business Relationship with a person or an entity if any of the following exist: (i) the member of the City Commission or City Advisory Board holds an ownership interest, directly or indirectly, in excess of 1% of the total assets or capital stock of the Applicant, Representative or Interested Person entity; or (ii) the member of the City Commission or City Advisory Board is a partner, co-shareholder (as to the shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant, Representative or Interested Person in any business venture; (iii)the Applicant, Representative or Interested Person is a Client of the member of the City Commission or City Advisory Board, or a Client of another professional working from the same office or for the same employer as the member of the City Commission or City Advisory Board; (iv)the member of the City Commission or City Advisory Board is a Client of the Applicant, Representative or Interested Person; (v) the Applicant, Representative or Interested Person is a Customer of the member of the City Commission or City Advisory Board (or of his/her employer) and transacts more than 5% of the business of the member of the City Commission or City Advisory Board (or of his/her employer) in a given calendar year or transacts more than $25,000 of such business in a gi ven calendar year; or (vi)the member of the City Commission or City Advisory Board is a Customer of the Applicant, Representative or Interested Person and transacts more than 5% of the business of the Applicant, Representative or 2 Ordinance No. 2001-_ Page 3 Interested Person in a gi ven calendar year or transacts more than $25,000 of such business in a given calendar year. (c) Client. As used herein the term "Client" means a person or entity who obtains the services of a professional for compensation. (d) Customer. As used herein the term "Customer" means a person or entity who purchases or leases materials, equipment, property or services of another. (e) Interested Person. As used herein, the term "Interested Person" means any person who speaks for or against any resolution or ordinance before the City Commission or for or against any matter before any City Advisory Board and who has a direct financial interest in the action (including, but not limited to, vendors, bidders and proposers), except that owner occupied residential property owners shall not be deemed to have a direct financial interest in land use decisions that may affect the value of their property, and accordingly shall not be within the definition of the term "Interested Person," as used herein. 2. Restrictions. (a) Except as prohibited by law or regulatory standards, each member of the City Commission or any City Advisory Board shall disclose the existence of any Business Relationship of which he/she is aware that he/she has, or has had within the prior twenty-four month period, with any Applicant, Representative or Interested Person, at the time that the Applicant, Representative or Interested Person appears before the City Commission or City Advisory Board on which the member sits. (b) Except as prohibited by law or regulatory standards, if a member of the City Commission or any City Advisory Board learns, within thirty days after an action is taken by the City Commission or the City Advisory Board on which the member sits, that he/she had a Business Relationship with any Applicant, Representative or Interested Person who appeared before the City Commission or the City Advisory Board, he/she shall within ten (10) days of so learning, disclose any such Business Relationship in writing to the City Clerk that was not disclosed at the initial meeting. (c) Except as prohibited by law or regulatory standards, if a member of the City Commission or any City Advisory Board establishes a Business Relationship with any Applicant, Representative or Interested Person within twelve months after the Applicant, Representative or Interested Person appears before the City Commission or the City Advisory Board on which the member sits, the member of the City Commission or the City Advisory Board shall disclose any such Business Relationship in writing to the City Clerk within 15 days after the Business Relationship is established. 3 Ordinance No. 2001-_ Page 4 (d) Section 286.012, Florida Statutes, prohibits a member of the City Commission or any City Advisory Board from abstaining from voting unless there is, or appears to be, a possible conflict of interest under Sections 112.311, 112.313, and 112.3143, Florida Statutes. Accordingly, in any situation where a member of the City Commission or a City Advisory Board discloses a Business Relationship under this Section, the member may abstain from voting, since such disclosure shall qualify as constituting the appearance of a possible conflict of interest. This paragraph shall not be construed to make abstention discretionary under situations in which abstention or non- participation is mandated by Section 112.3143, Fla. Stat., Section 2-11.1(d) of the Miami-Dade County Code as adopted by City Code Section 2-392(2), or (as to Advisory Board members) as provided by City Code Section 2-393. (e) If any member of the City Commission or City Advisory Board believes that another member of the same body has willfully failed to make a disclosure required under this Section, he/she may submit evidence supporting the alleged failure to disclose to the City Manager who shall place the item on the next available City Commission Agenda. The allegation and supporting evidence shall be presented by the member of the City Commission or City Advisory Board who raised the issue for consideration by the City Commission. The member of the City Commission or City Advisory Board against whom the allegation is made may present evidence refuting the allegations. If four (4) or more members of the City Commission determine that an accused City Commissioner has willfully failed to make a required disclosure, the accused City Commissioner shall be deemed to be censured. If four (4) or more members of the City Commission determine that an accused member of a City Advisory Board has willfully failed to make a required disclosure, the accused Advisory Board Member shall be removed from the Advisory Board. Section 2. Severabilitv. That 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 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 3. 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 made a part of the Code of the City of Aventura; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. 4 Ordinance No. 2001-_ Page 5 Section 4. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner its adoption on first reading. The motion was seconded by Commissioner upon being put to a vote, the vote was as follows: , who moved and, Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Jeffrey M. Perlow 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 Arthur Berger Commissioner Jay R. Beskin Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Jeffrey M. Perlow PASSED AND ADOPTED on first reading this _ day of .2001. PASSED AND ADOPTED on second reading this _ day of , 200 1. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY 5 City of Aventura Government Center 19200 West Country Club Drive Aventura, Florida 33180 Office of the City Manager July 10, 2001 Johnny Brown, Esq. Board Attomey Miami-Dade County Public Schools 1450 NE 2nd Avenue Miami, FL 33132 Re: Developer's Dedication of Two (2) Acre Site to City of Aventura Dear Mr. Brown: This is in response to your letter of July 3, 2001, in which you presented the objection of the School Board to the proposed conveyance by a developer of a two (2) acre parcel (the "Site") to the City (the "City"). Needless to say, the City is both surprised and dismayed by the School Board's objection. As you know, the School Board was not involved in procuring this dedication for school purposes, and the sole reason for the dedication was that the City recognized that the City's grant of a vested rights agreement to the developer created an excellent opportunity for the City to obtain lands for use as a potential primary leaming center (the "PLC") at the site. Although the City Commission has not, as yet, made a decision on whether or not to build a PLC at the Site, the fact of the matter is that if the City decides that a PLC is an appropriate use for that Site, it is envisioned that the City would provide for such PLC as a component of the City's charter school approach, rather than requesting the School Board to construct a school at that site. If you have any remaining concems, the City is willing to discuss this matter with you and appropriate representatives of the School Board. cc: Ci C mmission Dr. chael Krop David M. Wolpin, Esq., City Attomey PHONE: 305-466-8910 . FAX: 305-466-8919 www.cityofaventura.com MIAMI-DADE COUNTY PUBLIC SCHOOLS SCHOOL BOARD ADMINISTRATION BUILDING. 1450 NORTHEAST SECOND AVENUE. MIAMI, FLORIDA 33132 Roger C. Cuevas Superintendent of Schools' Johnny Brown Board Attorney July 3, 2001 Miami-Dade County School Board Ms. Perla Tabares Hantman, Chair Dr. Michael M. Krop, Vice Chair Dr. Robert B. Ingram Ms. Betsy H. Kaplan Mrs. Manty Sabates Morse Ms, Jacqueline V. Pepper Mr. Demetrio Perez, Jr.,M.S. Dr. Marta Perez Dr. Solomon C. Stinson (305) 995-1304 VIA FACSIMILE & U.S. MAIL Mr. Eric M. Soroka, City Manager City of Aventura Government Center 19200 West Country Club Drive Aventura, Florida 33180 Re: Vested Rights Determination Agreement dated December 15, 1999, as Amended Dedication of 2 Acres of the Atlas Terminal Site to the Miami-Dade County School Board Dear Mr. Soroka: This letter is written on behalf of the Miami-Dade County Public Schools' administrative staff concerning the subject Vested Rights Determination Agreement, as Amended. Please be advised that this letter is submitted in order to reserve any and all rights and privileges the Miami-Dade County Public Schools may have relative to the dedication of a 2-acre tract of land pursuant to the above referenced Vested Rights Determination Agreement. Under the Dedication portion of the Vested Rights Determination Agreement, as Amended, the 2-acre tract was supposed to have been conveyed to the School Board by March 15, 2001, but was not. The Vested Rights Determination Agreement has been administratively amended in two ways: first, the conveyance date was extended to July 15, 2001, and secondly, conveyance is to be made to the City of Aventura instead of the Miami-Dade County Public Schools. Under the original agreement, the property could only be dedicated to the City of Aventura for public purposes in the event the School Board declines the dedication. Please be advised that neither the Miami-Dade County Public Schools administration, nor the School Board, has declined acceptance of this dedication and hereby reaffirms any right to receive the same. It has come to the attention of the Miami-Dade County Public Schools staff that at the City of Aventura's meeting of July 3, 2001 (6:00p.m.), the City proposes to approve a resolution selecting Charter Schools USA to design, build, operate and maintain a charter elementary school and a PLC, with the PLC likely to be placed on the 2-acre tract that was designated to be conveyed to the School Board, and upon which the School Board has come to rely. Please be advised that this letter is submitted as the Miami-Dade County Public Schools administration's objection to any action taken by the City that is likely to prevent the school district from receiving rightful dedication of the 2-acre tract, inclusive of action to adopt any Mr. Eric M. Soroka City Manager July 3, 2001 Page 2 resolutions accepting conveyance of title as well as authorizing the construction of any school on the property by the City. Please be further advised that this letter is submitted for purposes of being included in the minutes of the Commission meeting of July 3, 2001 - 6:00 p.m., particularly in connection with item 6F of the advertised agenda. JB:pr cc: Mayor and Members of the City Commission Office of City Clerk, City of Aventura Mr. Roger C. Cuevas, Superintendent of Schools Dr. Richard H. Hinds, Deputy Superintendent Ms. Suzanne Marshall, Chief Facilities Officer-Construction Mr. Delio Diaz, Assistant Chief Facilities Officer Ms. Ana Rijo-Conde, District Director, Site Planning & Government Liaison CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM BY: TO: FROM: DATE: June 12, 2001 r '.lopmen! D'ff SUBJECT: July 19, 2001 City Commission Workshop Zoning in Progress At the June 20, 2001 workshop, the City Commission discussed revisions to the Land Development regulations to address the siting of a parking structure within a commercial building and to address the increase of setbacks and open space on the site if the parking structure would make the building taller than what was originally permitted by Code. Staff is recommending the following changes to the City's Land Development Regulations to address the Commission's concerns: (Strikethrough designates deletion of wording, underline designates addition of wording) Structure Parking Garages B1, Neighborhood Business District Section 31-144(b)... (5) Site Development Standards a. Floor area ratio and lot coverage: The floor area ratio shall be 0.40 at one story and shall be increased by 0.11 for each additional story. Structure parking shall not count as part of the floor area, but shall be counted in computing building height and number of stories. The total lot coverage permitted for all buildings on the site shall not exceed 40 percent of the total lot area. If structure oarkina is used. such oarkina structure shall be incorporated into the buildina envelope and shall be compatiblv desianed. Enclosed or nonenclosed mall areas shall not count as part of the floor area, for floor area ratio computation purposes.. . B2, Community Business District Section 31-144(c) (2) Conditional Use. The following uses if first approved as a conditional use: j. Automobile parkina aaraaes. not over six stories in heiaht as a stand-alone. non-accessory use. (5) Site Development Standards a. Floor area ratio and lot coverage and minimum landscaped open space reauirements: The floor area ratie shall l3e 0.10 at one stery and shall l3e increased l3y 0.11 for each additisnal story. StruGture parl{ing shall not count as pGrt of the fleer Greo, but shall be caunted in cemputing buildiRg height Gnd number of steries. The total lot ca'lerage permittod for all buildings on the site shGIl not Ell<ceed 10 percent of the total let Grea. Enclesod sr nonenclosed mG11 aroas shall net cOlmt as port of the floer Groa, for fleer area ratio oomputGtion purposos. (1) For all buildinas: Anv structure parkina servina the primary use on the site shall be incorporated into the buildina envelope and shall be compatiblY desianed. Such parkina structure shall comply with all minimum setback and buffer vard reauirements. (2) For those buildinas with 0 - 33% of the reauired parkina located within a parkina structure: The floor area ratio shall be 0.40 at one stOry and shall be increased by 0.11 for each additional stOry. The structure parkina shall not count as part of the floor area nor shall it be counted in computina buildina heiaht and number of stories. The total lot coveraae permitted for all buildinas on the site shall not exceed 40 percent of the total lot area. The total minimum landscaped open space reauired shall be 33% of the total lot area. (3) For those buildinas with 33% - 66% of the reauired parkina located within a parkina structure: The floor area ratio shall be 0.40 at one stOry and shall be increased bv 0.11 for each additional stOry. The structure parkina shall not count as part of the floor area nor shall it be counted in computina buildina heiaht and number of stories. The total lot coveraae permitted for all buildinas on the site shall not exceed 40 percent of the total lot area. The total minimum landscaped open space reauired shall be 36% of the total lot area. 2 (4) For those buildinas with 66% - 100% of the reauired oarkina located within a oarkina structure: The floor area ratio shall be 0.40 at one stOry and shall be increased by 0.11 for each additional stOry. The structure oarkina shall not count as Dart of the floor area nor shall it be counted in computina buildina heiaht and number of stories. The total lot coveraae permitted for all buildinas on the site shall not exceed 45 oercent of the total lot area. The total minimum landscaoed ooen space reauired shall be 39% of the total lot area. b. Maximum height: 20 stories or 200 feet. The structure oarkina shall not be counted in comoutina buildina heiaht and number of stories. That portion of the building or structure within 200 feet of any residential zone shall be subject to a height limitation of one foot for every two feet in distance from the residential zoned plot unless the application of this requirement would limit the building height to a minimum of 25 feet. c. Minimum lot area and width: There shall be no minimum required width or area of lot except as otherwise provided. d. Setbacks: Except as otherwise provided evory plot shall have a front yare not loss than 25 feet in €lepth. Every plot shall havo a streot side yard of not less than 20 feet in depth. There is no side yare setbacl< fer a plot which is net adjacent to a street or alloy. ^ side and rear yard sotback of 20 feot is required when adjacent to a residentially zoned district, stroet or alley. (1) Those buildinas whose total number of stories is between 0-10 floors. includina any structure oarkina incorporated within the buildina envelooe. shall have a front yard not less than 25 feet in depth. Every plot shall have a street side yard of not less than 20 feet in deoth. There is no side vard setback for a plot which is not adiacent to a street or allev. A side and rear yard setback of 20 feet is reauired when adiacent to a residentially zoned district. street or alley. (2) Those buildin s whose total number of stories is between -20 floors includin an structure arkin incorporated within the buildina envelope. shall have a front yard not less than 35 feet in depth. Every plot shall have a street side yard of not less than 35 feet in depth. There is no side vard setback for a plot which is not adiacent to a street or alley. A side and rear 3 yard setback of 35 feet is reauired when adiacent to a residentiallv zoned district. street or allev. (3) Those buildinas whose total number of stories exceeds 20 floors. includina any structure parkina incorporated within the buildina envelope. shall have a front yard not less than 45 feet in depth. Every plot shall have a street side yard of not less than 45 feet in depth. There is no side yard setback for a plot which is not adiacent to a street or allev. A side and rear yard setback of 45 feet is reauired when adiacent to a residentially zoned district. street or alley. B3, Heavy Business District Section 31-144(d) (2) Conditional Use. The following uses if first approved as a conditional use: e. Automobile parkina aaraaes. not over six stories in heiaht as a stand-alone. non-accessory use. (6) Site Development Standards a. Floor area ratio and lot coverage and minimum landscaped open space reauirements: The floer area ratio shall bo 0.10 at one story and shall bo increasee by 0.11 for each aaditional stery. Structure parkiRg shall not ceunt as part of the floer area, but shall be coLlnted in computing building height and number of steries. Tho total lot oovemge permittee for all buildings on tho site shall not exceed 10 percent of the total lot area. Nonencloe;ed mall areas shall not COLIn! as part of the floor area, for floor area ratio computatioR purpeses, nor as part of the lot ce'/orage. (1) For all buildinas: Any structure parkin a servina the primary use on the site shall be incorporated into the buildina envelope and shall be compatibly desianed. Such parkina structure shall comply with all minimum setback and buffer vard reauirements. (2) For those buildinas with 0 - 33% of the reauired parkina located within a parkina structure: The floor area ratio shall be 0.40 at one stOry and shall be increased bv 0.11 for each additional stOry. The structure parkina shall not count as part of the floor 4 area nor shall it be counted in computina buildina heiaht and number of stories. The total lot coveraae permitted for all buildinas on the site shall not exceed 40 percent of the total lot area. The total minimum landscaped open space reauired shall be 33% of the total lot area. (3) For those buildinas with 33% - 66% of the reauired parkina located within a parkina structure: The floor area ratio shall be 0.40 at one stOry and shall be increased bv 0.11 for each additional stOry. The structure parkina shall not count as part of the floor area nor shall it be counted in computina buildina heiaht and number of stories. The total lot coveraae permitted for all buildinas on the site shall not exceed 40 percent of the total lot area. The total minimum landscaped open space reauired shall be 36% of the total lot area. (4) For those buildinas with 66% - 100% of the reauired parkina located within a parkina structure: The floor area ratio shall be 0.40 at one stOry and shall be increased bv 0.11 for each additional stOry. The structure parkina shall not count as part of the floor area. The total lot coveraae permitted for all buildinas on the site shall not exceed 45 percent of the total lot area. The total minimum landscaped open space reauired shall be 39% of the total lot area. b. Maximum height: 20 stories or 200 foet. Structure parkina shall not be counted in computina buildina heiaht and number of stories. That portion of the building or structure within 200 feet of any residential zone shall be subject to a height limitation of one foot for every two feet in distance from the residential zoned plot unless the application of this requirement would limit the building height to a minimum of 25 feet. c. Minimum lot area and width: There shall be no minimum required width or area of lot except as otherwise provided. d. Setbacks: Every plot shall have a front yard not less than 25 foot in eepth. Every plot shall have a streot side yard of not loss than 20 foot in eepth. (1) Those buildinas whose total number of stories is between 0- 10 floors. includina any structure parkina incorporated within the buildina envelope. shall have a front yard not less than 5 25 feet jn deoth. Every olot shall have a street side yard of not less than 20 feet in deoth. There is no side yard setback for a olot which is not adjacent to a street or allev. A side and rear yard setback of 20 feet is required when adjacent to a residentiallv zoned district. street or allev. (2) Those buildin s whose total number of stories is between -20 floors includin an structure arkin incor orated within the buildino envelooe. shall have a front yard not less than 35 feet in deoth. Everv olot shall have a street side yard of not less than 35 feet in deoth. There is no side yard setback for a olot which is not adiacent to a street or allev. A side and rear yard setback of 35 feet is required when adiacent to a residentiallv zoned district. street or allev. (3) Those buildinQs whose total number of stories exceeds 20 floors. includino any structure oarkinq incoroorated within the buildinq envelooe. shall have a front yard not less than 45 feet in deoth. Everv olot shall have a street side yard of not less than 45 feet in deoth. There is no side yard setback for a olot which is not adjacent to a street or allev. A side and rear yard setback of 45 feet is required when adjacent to a residentiallv zoned district. street or allev. OP, Office Park District Section 31-144(e) (1) Uses permitted... eo Uses generally accessory to the above principal uses. Accessory uses are those uses that are associated with the principal use(s) and which provide service primarily to employees and patrons of the office park. The accumulative total of all accessory uses shall be limited to a maximum of 15 percent of the total gross interior square footage of the buildings proposed for the site. Such uses shall have no outside advertising. J\roas devoted to structure parking shall not bo inclu80d in tho abo'.'o calculations. (2) Conditional Use. The following uses if first approved as a conditional use: f. Automobile oarkino qaraqes. not over six stories in heiQht as a stand-alone. non-accessory use. 6 (4) Site Development Standards a. Minimum lot area and width: The minimum frontage requirements shall be 100 feet, with a minimum lot area of 1.5 acres including right-of-way dedications. b. Maximum height: No building or structure, or part thereof shall be erected to a height exceeding ten stories. or 120 foot, whicho'/or is loss. Structure parkina shall not count as part of the buildina heiaht. c. Floor area ratio and lot coverage: The floer area mtie shall bo 0.10 at one e:tory and shall be increased by 0.11 for each additienal stor)'. StruGturo parking shall not ceunt as "art of the floer area, but shall be counted in compl.lting bl.lilding height and nl.lmber of stories. The tot8110t coverage pormitted for all buileings on tho site shall net excoed 10 percent sf the total19t area. (1) For all buildinas: Any structure parkina servina the primarv use on the site shall be incorporated into the buildina envelope and shall be compatibly desianed. Such parkina structure shall complY with all minimum setback and buffer yard reauirements. (2) For those buildinas with 0 - 33% of the reauired parkina located within a parkina structure: The floor area ratio shall be 0.40 at one storv and shall be increased by 0.11 for each additional storv. The structure parkina shall not count as part of the floor area nor shall it be counted in computina buildina heiaht and number of stories. The total lot coveraae permitted for all buildinas on the site shall not exceed 40 percent of the total lot area. (3) For those buildinas with 33% - 66% of the reauired parkina located within a parkina structure: The floor area ratio shall be 0.40 at one storv and shall be increased by 0.11 for each additional storv. The structure parkina shall not count as part of the floor area nor shall it be counted in computina buildina heiaht and number of stories. The total lot coveraae permitted for all buildinas on the site shall not exceed 40 percent of the total lot area. (4) For those buildinas with 66% - 100% of the reauired parkina located within a parkina structure: The floor area ratio shall be 0.40 at one storv and shall be increased by 0.11 for each additional storv. The structure parkina shall not count as part of the floor area nor shall it be counted in computina buildina heiaht and number of stories. The total lot coveraae oermitted for all buildinas 7 on the site shall not exceed 45 percent of the total lot area. d. Setbacks: Evory plot shall have a front yard net less than aO feet in depth. No parking areas shall be located within 30 feet of any residentially zoned property or within ten feet of any street line. E%ry plot shall ha% a stroet side yard of not less than 15 feot in aopth. Eo/ery plot upon which a structure is hereafter erocted shall have a minimum rear yard of 25 feet. Adjacent to any RS districts the setback shall be 30 feet.. (1) Those buildinas whose total number of stories is between 0-10 floors, includina any structure parkina incorporated within the buildina envelope, shall have a front vard not less than 50 feet in depth. Every plot shall have a street side vard of not less than 15 feet in depth. Every plot upon which a structure is hereafter erected shall have a minimum rear vard of 25 feet. Adiacent to anv RS districts the setback shall be 30 feet. (2) Those buildinas whose total number of stories exceeds 10 floors, includina anv structure parkina incorporated within the buildina envelope, shall have a front vard not less than 50 feet in depth. Every plot shall have a street side vard of not less than 25 feet in depth. Every plot upon which a structure is hereafter erected shall have a minimum rear vard of 25 feet. Adiacent to anv RS districts the setback shall be 35 feet. e. Minimum open space: 22 porcent of the net lot area. Said Uandscaped open space may include entrance features, passive recreational uses and/or pedestrian walkways. This minimum requirement may also include 50 percent of roof decks and other above-grade surfaces which are provided and maintained for the common benefit of all occupants of the building. Water bodies may be used as part of the required landscaped open space but such water areas shall not be credited for more than 20 percent of the required open space. (1) Those buildinas whose total number of stories is between 0-10 floors, includina anv structure parkina incorporated within the buildina envelope. shall have a minimum open space of 22 percent of the net lot area. (2) Those buildinas whose total number of stories exceeds 10 floors, includina anv structure parkina incorporated 8 within the buildina envelope. shall have a minimum open space of 25 percent of the net lot area. MO. Medical Office District Section 31-144(f) (1) Uses permitted... I. Uses generally accessory to the above principal uses. Accessory uses are those uses that are associated with the principal use(s) and which provide service primarily to employees and patrons of the office park. The accumulative total of all accessory uses shall be limited to a maximum of 15 percent of the total gross interior square footage of the buildings proposed for the site. Such uses shall have no outside advertising. Areas de'/eted to structure parkin€! shall not be included in the above salculations. (2) Conditional Use. The following uses if first approved as a conditional use: g. Automobile parkina aaraaes. not over six stories in heiaht as a stand-alone. non-accessorv use. (4) Site Development Standards a. Minimum lot area and width: The minimum frontage requirements shall be 100 feet, with a minimum lot area of 1.5 acres including right-of-way dedications. b. Maximum height: No building or structure, or part thereof shall be erected to a height exceeding ten stories or 120 feet, whiche'/er is less unless otherwise specified in this section. Structure parkina shall not count as part of the buildina heiaht. c. Setbacks: Every plot shall have a front yard not less than 50 feet ill dopth. No parking areas shall be located within 30 feet of any residentially zoned property or within ten feet of any street line. Every plot shall havo a stroet sido yard of not less than 20 feet in depth. E%ry plot upen which a structure is hereafter erected shall havo a minimum roar yard of 25 foet. 9 (1) Those buildinqs whose total number of stories is between 0-10 floors. includina anv structure parkina incorporated within the buildinq envelope. shall have a front vard not less than 50 feet in depth. Every plot shall have a street side vard of not less than 20 feet in depth. Every plot upon which a structure is hereafter erected shall have a minimum rear vard of 25 feet. (2) Those buildinqs whose total number of stories is between 11-20 floors. includina anv structure parkina incorporated within the buildina envelope. shall have a front vard not less than 50 feet in depth. Every plot shall have a street side vard of not less than 30 feet in depth. Every plot upon which a structure is hereafter erected shall have a minimum rear vard of 30 feet. (3) Those buildinas whose total number of stories exceeds 20 floors. includina anv structure parkina incorporated within the buildinq envelope. shall have a front vard not less than 65 feet in depth. Every plot shall have a street side vard of not less than 45 feet in depth. Every plot upon which a structure is hereafter erected shall have a minimum rear vard of 45 feet. d. Floor area ratio and lot coverage and minimum landscaped open space requirements: The floor area ratio shall be 0.10 at one story ana shall be increosea by 0.11 ror each additional story. StruGture parking shall not count as port of the floor area, but shall be counted in computing buildil19 height and number of stories. Tho tetal lot covera9o permitted for all buildings on the site shall not exceed 10 percent of the total lot area- (1 ) (2) For all buildinqs: Anv structure parkina servinq the primary use on the site shall be incorporated into the buildinq envelope and shall be compatiblv desiqned. Such parkina structure shall complv with all minimum setback and buffer vard requirements. For those buildinas with 0 - 33% of the required parkina located within a parkinq structure: The floor area ratio shall be 0.40 at one stOry and shall be increased bv 0.11 for each additional stOry. The structure parkinq shall not count as part of the floor area nor shall it be counted in computina buildina heiQht and number of stories. The total lot coveraQe 10 permitted for all buildinas on the site shall not exceed 40 percent of the total lot area. The total minimum landscaped open space required shall be 33% of the total lot area. (3) For those buildinas with 33% - 66% of the reauired parkina located within a parkina structure: The floor area ratio shall be 0.40 at one stOry and shall be increased bv 0.11 for each additional stOry. The structure parkina shall not count as part of the floor area nor shall it be counted in computina buildina heiaht and number of stories. The total lot coveraae permitted for all buildinas on the site shall not exceed 40 percent of the total lot area. The total minimum landscaped open space reauired shall be 36% of the total lot area. (4) For those buildinQs with 66% - 100% of the reauired parkina located within a parkina structure: The floor area ratio shall be 0.40 at one stOry and shall be increased bv 0.11 for each additional stOry. The structure parkina shall not count as part of the floor area nor shall it be counted in computina buildina heiaht and number of stories. The total lot coveraae permitted for all buildinas on the site shall not exceed 45 percent of the total lot area. The total minimum landscaped open space reauired shall be 39% of the total lot area. TC1, Town Center District Section 31-145(b) (3) Conditional uses permitted. The following uses may be establi8shed if first approved as a conditional use: d. Uses that exceed the height limitations. includina parkina structures. (5) Site development standards. e. Maximum height: Four stories or 50 feet. includina parkina structures. 11 (9\ Performance standards. a. Any structure parkinq servinq the primarY use on the site shall be incorporated into the buildina enyelope and shall be compatiblv desianed. Such parkina structure shall complv with all minimum setback and buffer yard reauirements. TC2, Town Center Marine District Section 31-145(c) (4) Conditional uses permitted. The following uses may be establi8shed if first approved as a conditional use: n. Uses that exceed the height limitations. includinq parkinq structures. (7) Site development standards. e. Maximum height: Four stories or 50 feet. includina parkinq structures. (11) Performance standards. j. Anv structure parkina servinq the primarY use on the site shall be incorporated into the buildinq envelope and shall be compatibly desianed. Such parkina structure shall complY with all minimum setback and buffer yard reauirements. 12 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM BY: TO: FROM: DATE: June 13, 2001 e lopmeol D;~ SUBJECT: July 19, 2001 City Commission Workshop Zoning in Progress At the June 20, 2001 workshop, the City Commission discussed revisions to the Land Development regulations to address the amortization period for residential signage. Following the provided background and history, staff is recommending changes to the City's Land Development Regulations to address the Commission's concerns. (Strikethrough designates deletion of wording, underline designates addition of wording) The original draft document presented to City Commission prior to the adoption of the City's first signage regulations in June 1997, provided for the following: Section 11. Non-conformina Sians. a) Amortization of Sign Code Non-Conformities. Any Non-Conforming Sign that existed at the time this Ordinance became effective may be continued, although it does not conform to all the provisions hereof, provided that no structural alterations are made thereto and that all such Non-Conforming Signs shall be completely removed from the premises or made to conform by May 1, 2000. b) Exception to amortization schedule. 1) Non-conforming Portable Signs, Banners, Flags, traffic hazard Signs, all paper window display Signs, and service station pump advertising and promotional Signs, shall be removed within three months of the effective date of this Ordinance. 2) All illegal Signs shall be removed immediately... The discussion that followed that first draft document, and subsequent revisions, has resulted in the City's present regulations as follows: Section 31-191... (f) Residential permanent signs. The following signs are authorized in all Residential zoning Districts and Residential-Office Zoning Districts: (1) Development identification sign. Permitted only for (I) multifamily buildings with more than five units; (ii) single-family developments with more than five units; (iii) religious institutions, schools and public uses. Where multifamily dwellings are part of a larger development, there shall be only one development identification sign on each public street frontage of the development. Illumination: Changeable copy sign: City Manager One monument sign (or sign mounted on perimeter wall) per street frontage indicating the name and address of the complex, except two are permitted where attached to wall of symmetrical entrance feature. 32 square feet (aggregate if two signs). Eight feet. Six feet from right-of-way, 15 feet from side property line. Externally illuminated signs only. Schools, religious and public institutions only may be permitted one changeable copy sign in lieu of the permitted monument sign. Said sign shall no exceed 32 square feet in sign area. Approvals Necessary: Number (maximum): Sign copy area (maximum): Sign height (maximum): Setback (minimum): (2) Directional. Sign area (maximum): Sign height (maximum): Other restrictions: City Manager To be approved as part of site plan. If not approved as part of site plan, separate permits required. Four square feet each. Three feet. No advertising copy. Logos may cover no more than 25 percent of the sign area. Approvals necessary: Number: 2 (k) Non-conforming signs. All future changes to any signs will require conformity to this section. (1) Amortization of sign code non-conformities. The following non-conforming signs that existed at the time the Sign Code Ordinance became effective may be continued, although it does not conform to all the provisions hereof, provided that no text or structural alterations are made thereto and that all such non-conforming signs shall be completely removed from the premises or made to conform by June 3, 2000: a. Any non-conforming sign; b. Those signs that display services or products as opposed to the business name; c. Nonresidential monument signs. (2) Exception to amortization schedule. a. Channel letter signs that otherwise meet all requirements of this section provided that the sign area is not more than twice the square footage allowed by this section and that existed at the time this section became effective may be continued, although it does not conform to all the provisions hereof, provided that no structural or text alterations are made thereto and that all such non-conforming signs shall be completely removed from the premises or made to conform by June 3, 2002. b. Non-conforming signs that are caused to be relocated as a direct result of a governmental condemnation will be amortized according to the schedule that would have applied to the original location. c. Any of the following non-conforming signs that existed at the time this section became effective (June 3, 1997) may be continued, although it does not conform to all the provisions hereof, provided that no structural or text alterations are made thereto: 1. Monument signs located in residential districts; 2. Residential, hospital and office building wall signs; 3. Flagpoles that existed at the time of the adoption of this section (June 3,1997). Provided, however; that the exemption from amortization and removal provided by subsection c.2. above shall expire as to office building wall signs on June 7, 2003, so that after such date, non-conforming office building wall signs shall be completely removed from the premises or made to conform by June 7, 2003. Additionally, all non- conforming office building wall signs that are not registered with the City Manager, pursuant to a form that he/she shall provide, within 90 days of the effective date of this amendment to paragraph c. of subsection (2), are prohibited, shall be removed immediately and shall not be entitled to status as lawful non-conforming signs. 3 d. Non-conforming portable signs, banners, flags, traffic hazard signs, all paper window display signs, and service station pump advertising and promotional signs, shall be removed within three months of the effective date of this section. All illegal signs shall be removed immediately. Staff recommends the following revisions to the City's sign code to provide for an amortization period for residential signage: c. Any of the following non-conforming signs that existed at the time this section became effective (June 3, 1997) may be continued, although it does not conform to all the provisions hereof, provided that no structural or text alterations are made thereto: 1. Monument signs located in residential districts; 2. Residential, hospital and office building wall signs; 3. Flagpoles that existed at the time of the adoption of this section (June 3,1997). Provided, however; that the exemption from amortization and removal provided by subsection c.2. above shall expire as to office building wall signs on June 7, 2003, so that after such date, non-conforming office building wall signs shall be completely removed from the premises or made to conform by June 7, 2003. Additionally, all non- conforming office building wall signs that are not registered with the City Manager, pursuant to a form that he/she shall provide, within 90 days of the effective date of this amendment to paragraph c. of subsection (2), are prohibited, shall be removed immediately and shall not be entitled to status as lawful non-conforming signs. Provided. however: that the exemption from amortization and removal provided bv subsection c.1. and c.2. above shall expire as to Monument sians located in residential districts and Residential wall sians on June 7. 2003. so that after such date. non-conformina Monument sians located in residential districts and Residential wall sians shall be completelv removed from the premises or made to conform bv June 7. 2003. Additionallv. all non-conformina Monument sians located in residential districts and Residential wall sians that are not reaistered with the Citv Manaaer. pursuant to a form that he/she shall provide. within 90 davs of the effective date of this amendment to paraaraph c. of subsection (2). are prohibited. shall be removed immediatelv and shall not be entitled to status as lawful non- conformina sians. 4 TO: Eric M. Soroka, City Manager fROM: Arthur Berger, Commissioner DATE: June 20, 2001 SUBJECT: Intergenerational programs I would like to suggest the following two programs for the City Commission to consider and the intergenerational computer training program: intergenerationa1 approve as it did Intergenerationa1 chorus Intergenerational orchestra Approximately 20 adults and students will be sought for the chorus and 18 musicians for the orchestra. A volunteer choral director and volunteer orchestra leader have been found as have some volunteers for chorus and orchestra but more are needed. The Sterling has agreed to provide space for rehearsals free of charge. This will suffice until the Community Recreation Center is constructed. Since the Sterling has also agreed to provide a piano, some of the volunteer chorus have music scores and I expect musicians to supply their own instruments, at present I do not see any costs to the City of Aventura. All that might be required in the future would be advertising for more volunteers and programming for City and other events. Arthur Berger Commissioner ---,-' ~.----- "ll!If; :'(~ .' . ".t,' " At.~1~' ::'I, -.,. \ . .~ ~-J'!I'S!I;\'"-/~il;;7~.c':'l';'~9:;.;:;"'};:'$:o:.l?'",,,)!;,"'.,,",:;;Z;,:<