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01-09-2007 A~e City of fiventura 'i'. -~. Local Phumin.r Agencv Susan Gottlieb, Mayor City ManllZU Eric M. Soroka, ICMA-CM Zev Auerbach Bob Diamond Harry Holzberg Billy Joel Michael Stern Luz Urbaez Weinberg City aerk Teresa M. Soroka, MMC City Attomt;y Weiss Serota Helfman Pastoriza Cole & Boniske LOCAL PLANNING AGENCY AGENDA JANUARY 9, 2007 - 6 PM Aventura Government Center 19200 West Country Club Drive A ventura, Florida 33180 1. CALL TO ORDER\ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF MINUTES: November 8, 2006 4. PUBLIC HEARING: MOTION RECOMMENDING ADOPTION OF THE FOLLOWING ORDINANCE: AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING SECTION 31-171(e) "DRIVE THROUGH SERVICE WINDOWS" OF THE CITY'S LAND DEVELOPMENT REGULATIONS, TO REVISE REQUIRED VEHICLE STACKING SPACES FOR GATEHOUSES AND CONTROLLED ENTRIES AND TO PROVIDE THE MINIMUM REQUIRED SIZE OF VEHICLE STACKING SPACE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. 5. ADJOURNMENT This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, 305-466-8901, not later than two days prior to such proceeding. Anyone wishing to appeal any decision made by the City of Aventura Local Planning Agency with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 19200 West Country Club Drive, Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466-8901. One or more members of the City of Aventura Advisory Boards may also be in attendance. The Qty of AVentura . ~, MINUTES LOCAL PLANNING AGENCY MEETING NOVEMBER 8, 2006 6 PM Government Center 19200 W. Country Club Drive Aventura, Florida 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by Mayor Susan Gottlieb. Present were Commissioners Zev Auerbach, Bob Diamond, Billy Joel, Michael Stern, Luz Urbaez Weinberg, Vice Mayor Harry Holzberg, Mayor Gottlieb, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Laurie Allen led the pledge of allegiance. 3. APPROVAL OF MINUTES: A motion to approve the minutes of the September 12, 2006 LPA Hearing was offered by Commissioner Auerbach, seconded by Commissioner Joel, and unanimously passed. 4. PUBLIC HEARING: MOTION RECOMMENDING ADOPTION OF THE FOLLOWING ORDINANCE: Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING A DEVELOPMENT AGREEMENT PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN GULFSTREAM PARK RACING ASSOCIATION INC. AS DEVELOPER AND THE CITY OF AVENTURA ATTACHED AS EXHIBIT "A" TO THIS ORDINANCE AND RELATING TO A PARCEL OF LAND CONTAINING 19.550 ACRES OF LAND, MORE OR LESS, ZONED B2, COMMUNITY BUSINESS DISTRICT, LEGALLY DESCRIBED IN EXHIBIT "B" TO THIS ORDINANCE, LOCATED AT THE NORTHEAST CORNER OF NE 213 STREET AND BISCAYNE BOULEVARD, CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Planning Director Joanne Carr addressed the Commission and entered the staff report into the record. Mayor Gottlieb opened the public hearing. The following individual addressed the Commission: Joseph Goldstein, Esq., 701 Brickell Avenue, representing the applicant. There being no further speakers, the public hearing was closed. A motion to recommend approval was offered by Commissioner Joel and seconded by Commissioner Diamond. The motion passed unanimously by roll call vote. 4. ADJOURNMENT: There being no further business to come before the Local Planning Agency, the meeting adjourned at 6:08 p.m. Teresa M. Soroka, MMC, City Clerk Approved by the LPA on 2 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICM City Manager BY: DATE: December 14, 2006 SUBJECT: Proposed Amendment to Section 31-171(e) "Drive-Through Service Windows" of the City's Land Development Regulations to clarify stacking requirements for gatehouses and controlled entries (01-LDR-06) January 9, 2007 Local Planning Agency Agenda Item A- 1st Reading January 9, 2007 City Commission Meeting Agenda ItemL 2nd Reading February 6, 2007 City Commission Meeting Agenda Item _ RECOMMENDATION It is recommended that the City Commission approve the request for an amendment to Section 31-171(e) of the City's Land Development Regulations to revise the required number of stacking spaces for gatehouses and controlled entries and to add the required minimum size of stacking space. THE REQUEST City staff is requesting a revision to the Code section regulating vehicle stacking spaces for gatehouses and controlled entries. Section 31-171(e) currently provides that any development with a gatehouse requires 2 stacking spaces per resident Jane and 5 stacking spaces per visitor lane. This applies to every development, regardless of size. Therefore, a development with five units is required to have the same stacking space as a development with five hundred units. Staff suggests that this Code section be amended to require that a traffic study with a queuing analysis be submitted by the owner for approval by the City along with an application for entry feature approval. A queuing analysis will determine the expected number of vehicles that will stack at a controlled entry based on the number of units in the development. DESCRIPTION OF THE PROPOSED AMENDMENT The amendment proposed to the City's Land Development Regulations is as follows 1: "ARTICLE VIII. OFF-STREET PARKING, LOADING AND DRIVEWAY STANDARDS Sec. 31-171. Off-street parking and loading standards. (e) Drive-through service windows, gatehouses and controlled entries. Businesses that provide a drive-through service are required to provide a drive-through service lane or lanes, whether for stacking or queuing, as separate and distinct lanes from the circulation lanes necessary for entering or exiting the property. Each drive-through lane shall be separated from other on-site lanes. Each such drive-through lane shall be curbed, striped, marked or otherwise distinctly delineated. A separate and distinct escape lane shall be provided. A public street or alley shall not be counted as an escape lane. Drive-through lanes and escape lanes shall not conflict, or otherwise hamper access, to or from any parking space. Pedestrian walkways shall be clearly separated from drive- through lanes. Gatehouses or controlled entries shall provide stackinQ at the entry to the development as provided in the table below. No Qatehouse or controlled entry shall be established until such use has been approved bv the City ManaQer and has received all other permits required bv these LDRs. An Application for Entry Feature Approval for such Qatehouse or controlled entry shall be filed with the Community Development Department on the forms provided bv the Department. (1) Specifications. Stacking spaces necessary for the provisions of drive- through lanes and Qatehouses and controlled entries shall be determined using the following table. Stacking area shall be provided at the first required stopping area, such as the ordering board of a restaurant. If a second stopping area is required, such as a delivery and cashiering window, auxiliary stacking area shall be provided in the indicated amounts. No vehicle shall stack in the public riQht-of-wav or in the area desiQnated for off-street parking. (2) Stackinq Space Size. StackinQ spaces required bv this section shall be no less than 12 feet wide and 20 feet lonQ. 1 Underlined provisions constitute proposed additions to existing City Code text; stricken through provisions indicate proposed deletions from existing City Code text. 2 Primary Stacking per service lane Type of Facility utomatic teller machine Bank per service lane Car wash per service lane as accessory use 3 per service lane Gatehouse/Controll ed Ent Laundry, dry cleaners Pharmacies Restaurant ideo rental ANAL YSIS 3 per service lane per service lane 5 per service lane uxiliary Stacking 1 per service lane 1 per service lane per service lane 1 per service lane 1 per service lane 1 per service lane per service lane 1 per service lane Standards for reviewing proposed a'mendments to the text of the LDR: 1. The proposed amendment is legally required. The proposed amendment is legally required to implement the requested revision to the Code. The amendment is requested by City staff to revise the number of required vehicle stacking spaces based upon a traffic queuing study provided by the applicant/owner of the development and to add the required minimum size of stacking space. 2. The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan. The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan. Specifically, Objective 9 of the Future Land Use Element provides that "... the City shall continue to maintain, update and enhance the municipal code, administrative regulations and procedures to ensure that future land use is consistent with the Plan and to promote better planned development and community with well designed buildings." This amendment will ensure that sufficient vehicle 3 stacking spaces are provided at controlled entries and gatehouses so that the public right of way is not obstructed. 3. The proposed amendment is consistent with the authority and purpose of the LOR. The proposed amendment is consistent with the authority and purpose of the Land Development Regulations. "The purpose of the LDRs is to implement further the Comprehensive Plan of the City by establishing regulations, procedures and standards for review and approval of all development and uses of land and water in the City. Further, the LDRs are adopted in order to foster and preserve public health, safety and welfare and to aid in the harmonious, orderly and progressive development and redevelopment of the City..." The proposed amendment is consistent with this purpose. It will set out appropriate minimum standards for vehicle stacking at controlled entries and gatehouses. 4. The proposed amendment furthers the orderly development of the City. The proposed amendment furthers the orderly development of the City. 5. The proposed amendment improves the administration or execution of the development process. The proposed amendment improves the administration or execution of the development process in that it provides standards for vehicle stacking at controlled entries and gatehouses. 4 ORDINANCE NO. 2007. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING SECTION 31-171(e) "DRIVE THROUGH SERVICE WINDOWS" OF THE CITY'S LAND DEVELOPMENT REGULATIONS, TO REVISE REQUIRED VEHICLE STACKING SPACES FOR GATEHOUSES AND CONTROLLED ENTRIES AND TO PROVIDE THE MINIMUM REQUIRED SIZE OF VEHICLE STACKING SPACE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura is desirous of amending the City's Land Development Regulations to revise the number of required vehicle stacking spaces at gatehouses and controlled entries and to provide a minimum required size of stacking space in all zoning districts; 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 amendments pursuant to the required public hearing and has recommended approval to the City Commission; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with law; and WHEREAS, the City Commission has reviewed the action set forth in this 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, THAT: Section 1. Section 31-171(e) of the City's Land Development Regulations is hereby amended as follows 1 : 1 Underlined provisions constitute proposed additions to existing text; strickon through provisions indicate proposed deletions from existing text. Ordinance No. 2007 - Page 2 Sec. 31-171. Off-street parking and loading standards. (e) Drive-through service windows, aatehouses and controlled entries. Businesses that provide a drive-through service are required to provide a drive-through service lane or lanes, whether for stacking or queuing, as separate and distinct lanes from the circulation lanes necessary for entering or exiting the property. Each drive-through lane shall be separated from other on-site lanes. Each such drive-through lane shall be curbed, striped, marked or otherwise distinctly delineated. A separate and distinct escape lane shall be provided. A public street or alley shall not be counted as an escape lane. Drive-through lanes and escape lanes shall not conflict, or otherwise hamper access, to or from any parking space. Pedestrian walkways shall be clearly separated from drive-through lanes. Gatehouses or controlled entries shall provide stackinQ at the entry to the development as provided in the table below. No Qatehouse or controlled entry shall be established until such use has been approved bv the City ManaQer and has received all other permits required bv these LDRs. An Application for Entry Feature Approval for such Qatehouse or controlled entry shall be filed with the Community Development Department on the forms provided bv the Department. (1) Specifications. Stacking spaces necessary for the provisions of drive- through lanes and Qatehouses and controlled entries shall be determined using the following table. Stacking area shall be provided at the first required stopping area, such as the ordering board of a restaurant. If a second stopping area is required, such as a delivery and cashiering window, auxiliary stacking area shall be provided in the indicated amounts. No vehicle shall stack in the public riQht-of- way or in the area desiQnated for off-street parkinQ. (2) Stackina SDace Size. StackinQ spaces required bv this section shall be no less than 12 feet wide and 20 feet 10nQ. Type of Facility 1Primary Stacking Auxiliary Stacking ~utomatic teller 4 per service lane 1 per service lane machine Bank 14 per service lane 1 per service lane Car wash 14 per service lane 2 per service lane as accessory use 13 per service lane 1 per service lane Ordinance No. 2007 - Page 3 Laundry, dry leaners Pharmacies Restaurant ideo rental 1 per service lane per service lane per service lane 5 per service lane 1 per service lane per service lane 1 per service lane Section 2. Severabilitv. 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 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 be 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. Ordinance No. 2007 - Page 4 Section 4. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Luz Urbaez Weinberg Commissioner Billy Joel Commissioner Michael Stern Vice Mayor Harry Holzberg Mayor Susan Gottlieb 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 Zev Auerbach Commissioner Bob Diamond Commissioner Luz Urbaez Weinberg Commissioner Billy Joel Commissioner Michael Stern Vice Mayor Harry Holzberg Mayor Susan Gottlieb Ordinance No. 2007 - Page 5 PASSED on first reading this 9th day of January, 2007. PASSED AND ADOPTED on second reading this_ day of SUSAN GOTTLI EB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Ordinance was filed in the Office of the City Clerk this _ day of CITY CLERK ,2007. ,2007.