09-24-2002 Workshop
.
19200 West CounlrV Club Drive Aveotura. FL 33180
City Commission
Workshop Meeting
September 24, 2002
1 :00 P.M.
AGENDA
1. Cone of Silence Ordinance*
2. Economic Development Advisory Board*
3. Comprehensive Plan Issue*
4. Sale of Mutchnik Property*
5. Proposed Membership Fee - Community
Center*
6. Spanish Language Program (Vice Mayor
Berger)
7. International Cities Contact Report (Vice
Mayor Berger)
8. Florida League of Cities Report
(Commissioner Rogers-Libert)
9. Adjournment
*Back-up Information Exists
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 specjaJ 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.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM: Eric M. Soroka, City
TO: City Commission
DATE: September 17, 200
SUBJECT: Proposed Cone of Silence Ordinance Relating to Quasi-Judicial
Matters
September 24, 2002 Workshop Agenda
Attached is a draft Ordinance prepared by the City Attorney that atternpts to address
concerns expressed by the City Commission relating to a "Cone of Silence" for Quasi-
Judicial rnatters.
The main points of the Ordinance are as follows:
1. Allows City Commissioners to discuss the merits of a proposed project or
development with anyone. However, as to the specific issue, which is the
subject of a pending quasi-judicial matter, Commissioners would be
prohibited from discussing the merits of the issue outside of the public
hearing with any person other than City staff.
2. The prohibition would not apply to applicant conferences with the City
Manager that are attended by individual Commissioners, provided that the
City Manager first finds that the application concerns a project of significant
impact and schedules such conferences. This would be similar to the
meetings held on the Town Center project.
The amendment was prepared by the City Attorney as a compromise to the issues
discussed at the previous Workshop Meeting.
EMS/aca
Attachment
CC01115-02
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF A VENTURA,
FLORIDA, AMENDING THE CITY CODE BY AMENDING
CHAPTER 31 "LAND DEVELOPMENT REGULATIONS"
ARTICLE V "DEVELOPMENT REVIEW PROCEDURES",
AT PARAGRAPH (D) "FILING OF APPLICATIONS" OF
SECTION 31-71 "PROCEDURES OF GENERAL
APPLICABILITY", TO PROHmIT ANY APPLICANT OR
APPLICANT REPRESENTATIVE FROM CONTACTING
THE CITY'S PROFESSIONAL STAFF (OTHER THAN THE
CITY MANAGER) CONCERNING A PENDING QUASI-
JUDICIAL APPLICATION FOR A DEVELOPMENT
PERMIT FROM THE TIME OF THE FILING OF THE
APPLICATION UNTIL THE TIME OF THE
PREPARATION AND DISTRmUTION OF THE CITY
MANAGER'S WRITTEN RECOMMENDATION; AND
AMENDING CHAPTER 34 "PLANNING AND ZONING",
ARTICLE II "QUASI-JUDICIAL MATTERS", AT
SECTION 34-34 "EX-PARTE COMMUNICATIONS", TO
GENERALLY PROHmIT CITY COMMISSIONERS FROM
DISCUSSING THE MERITS OF ANY SPECIFIC ISSUE
WIDCH IS THE SUBJECT OF A PENDING QUASI-
JUDICIAL APPLICATION, OUTSIDE OF THE PUBLIC
HEARING PROCESS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN CODE; PROVIDING
FOR EFFECTIVE DATE.
IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF
A VENTURA, FLORIDA, AS FOLLOWS:!
Section 1.
Land Development Regulations Amended. That paragraph (d) "Filing
of Applications" of Section 31-71 "Procedures of General Applicability" of Article V
"Development Review Procedures" of Chapter 31 "Land Development Regulations" of the City
Code is hereby amended, to read as follows:
31-71. Procedures of General Applicability.
I I Proposed additions to existing City Code text are indicated by underline; proposed deletions from existing
City Code text are indicated by st:ike thfeogll.
(d) Filing of applications. The Community Development Director shall
establish application filing deadlines and a review schedule for all applications.
All applications for a development permit filed with the Community Development
Department shall be reviewed to determine whether the application is complete.
If an application is incomplete the Community Development Department
shall notify the applicant in writing of the deficiencies. An application for
development approval may not be scheduled for public hearing until all required
information has been submitted and the required review agencies have completed
their review.
Once an application is filed. from the time of filing of the application until
the time of preparation and distribution to the Commissioners of the Citv
Manager's written recommendation as part of the Commission ~enda item.
pursuant to paragraph (e) of this section. no applicant or applicant representative
shall contact the City's professional staff (other than the Citv Manager)
concerning the application except in writing or except to respond to specific
requests from the City's professional staff.
Section 2.
City Code Amended. That Section 34-34 "Ex-Parte
Communications" of Article II "Quasi-Judicial Matters" of Chapter 34 "Planning and
Zoning" of the City Code is hereby amended, to read as follows:
Sec. 34-34. Ex-parte communications.
(a) Except as otherwise specified herein. this section is adopted to follow
the disclosure processes ofF.S. ~ 286.0115(1), and shall be construed so as to be
consistent therewith.
(b) Except for the specific issue which is the subject of a pending quasi-
judicial matter for which an application has been filed with the City pursuant to
section 34-32 of this Code. any Commissioner may choose to discuss the merits
of any Hlatter ef proposed proiect or development on which action may be taken
by the Commission with any person not otherwise prohibited by statute, charter
provision, section 34-40 or other ordinance, if the Commissioner complies with
the applicable procedures of paragraph (c) and (d) of this section 34-34. As to
any specific issue which is the subiect of a pending quasi-judicial matter for
which an application has been filed with the City pursuant to section 34-32.
2
outside of the public hearin~ Commissioners are prohibited from discussin~ the
merits of the specific issue for which approval is sou~ht bv the pending
application with any person other than the City staff. The term "specific issue".
as used in this para~raph. refers to the specific variance. conditional use. rezoning.
site plan. plat approval or like item for which approval is sou~ht. rather than
referring to the ~eneral matter. as opposed to the merits. of the proposed proiect or
development itself. Notwithstanding any contrary provision of this paragraph (b).
the prohibitions of this paragraph (b) shall not applv to applicant conferences with
the Citv Mana~er which are attended by individual Commissioners (no more than
one Commissioner at each conference) provided that the City Manager first finds
and certifies in writing that the application concerns a proiect of si~nificant
impact. and schedules such conferences. The term "proiect of significant impact. "
as used in this paragraph. means a proiect which has the potential to substantially
enhance or substantially impair the public health. safety or welfare.
(c) Compliance with the procedures of this section 34-34 shall remove the
anv presumption of prejudice arising from ex-parte communication with any
Commissioner.
(1) Oral communications. The subject of the communication and the
identity of the person, group, or entity with whom the
communication took place shall be disclosed and made a part of the
record before final action on the application. At the quasi-judicial
hearing the person or persons responsible for the ex-parte
communication, any party to the hearing and any participant shall
have the opportunity to contest the accuracy ofthe matters disclosed.
(2) Written communications. Any written communication related to an
application pending before the Commission shall be forwarded to the
appropriate staff for inclusion in the official file for the application,
and shall be disclosed on the record before final action on the matter.
It shall be the responsibility of the applicant to review the official
file periodically to determine whether written ex-parte
communications have been placed in the official file.
(3) Investigations and site visits. Except as provided in paragraph (b)
above. Commissioners may conduct investigations and site visits and
may receive expert opinions regarding a quasi-judicial action
pending before them. However, in anv event, such activities shall
not be presumed prejudicial to the action if the existence and subject
matter of the investigations, site visits, or expert opinions is made a
part of the record before final action on the matter and an
opportunity for the parties and participants to respond is provided
prior to or at the hearing.
3
(d) Commissioners must make disclosures of their ex-parte
communications (regardless of whether or not such ex-parte communications are
prohibited by paragraph (b) above) before or during the public meeting at which a
vote is taken on the application to afford persons a reasonable opportunity to
refute or respond to the communication.
Section 3. Severability.
The provisions ofthis Ordinance are declared to be severable
and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be
invalid or unconstitutional, such decision shall not affect the validity of the remaining sections,
sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the
legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.
Section 4. Inclusion in the Code. It is the intention of the City Council, 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 re-numbered 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
moved its adoption on first reading. The motion was seconded
and upon being put to a vote, the vote was as follows:
, who
by Commissioner
Commissioner Jay Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor JefUey M. Perlow
The foregoing Ordinance was offered by Commissioner
moved its adoption on second reading. The motion was seconded by
, who
Commissioner
4
and upon being put to a vote, the vote was as follows:
Commissioner Jay Beskin
Commissioner Ken Cohen
Commissioner'Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Jeffrey M. Perlow
PASSED AND ADOPTED on first reading this _ day of
,2002.
PASSED AND ADOPTED on second reading this _ day of
,2002.
JEFFREYM. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
32800l\ORDINANCES\AMENDING CHAPTER 34-PLANNING AND ZONING 8-21-02
5
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
DATE:
City Commission ;::-;
Eric M. Soroka, Citr~~91 r
September 17, 2002
TO:
FROM:
SUBJECT:
Economic Development Advisory Board
September 24, 2002 Workshop Agenda
At the August 8, 2002 meeting, the Economic Development Advisory Board discussed
the idea of creating a citizen's survey that would be distributed in a future newsletter.
The survey would be utilized to obtain input on the kind of business and redevelopment
the City should be trying to attract.
I thought it was important to have the City Commission review and ratify this project
prior to the Board going forward.
EMS/aca
CC01116-02
.':~ ",
'.. .
'\~...~
ECONOMIC DEVELOPMENT ADVISORY BOARD MEETING
AUGUST 8, 2002 3:30 P.M.
Aventura Govemment Center
19200 West Country Club Drive
Avenlura, Florida 33100
I. Call to Order. The meeting was called to order by Chairman Ray Leightman.
City Clerk Teresa M. Soroka called the roll.
Members present: Elaine Adler
Arthur Barr
Paula Berliner
Sam Blasi
Gary Cohen
William Koppel
Ray Leightman
Russell Rice
Dr. Barry Silverman
Stuart Werner
Members absent: Joni Braunstein
Davide Carbone
Harry Gampel
Others present: City Manager Eric M. Soroka
City Clerk Teresa M. Soroka
Mr. Leightman welcomed new member Stuart Werner and Mr. Werner provided
a verbal business/professional bio to the Board.
II. ADDroval of Minutes: A motion to approve the minutes of the June 6, 2002
meeting was offered by Ms. Adler, seconded by Mr. Koppel and unanimously
passed.
III. Chaimerson's ReDort. None.
Mr. Soroka distributed City pins to all Board members. He advised members
that the City Commission did not vote in favor of amending the number of
Economic Advisory Board members constituting a quorum, as recommended by
the Board.
IV. Board Priorities: Board members considered proposed list of priorities and
discussed in detail preparation of a Mission Statement. The following items
were suggested to be included in the Mission Statement:
. Provide guidance to attract/retain business
. Identify areas in need of increased/improved services
. Provide guidance on preferred targets for additional services
. Review economic conditions
· Recommend/assist in development of specific tools to implement goals
. Request citizen/business input
It was the consensus of the Board to invite Beacon Council Chairman Frank
Nero to address the next meeting of the Board. City Manager to provide
members with list of City occupational licenses issued, zoning map and
suggested draft of survey for citizen/business input.
V. Other Business - Next MeetinQ Date: The next meeting was scheduled for
October 24, 2002 at 3:30 p.m.
VI. Adiournment. There being no further business to come before the Board, the
meeting was adjourned at 4:50 p.m.
Teresa M. Soroka, CMC, City Clerk
Approved by the Board on
2
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
FROM:
TO: City Commission
DATE: September 16,2002
SUBJECT: Policy 1.3 of the Future Land Use Element in the City's Comprehensive
Plan requiring conditional use approval for Community Facilities and
Places of Worship
September 24, 2002 Workshop Agenda
Backaround
An inconsistency between Policy 1.3 of the City's Comprehensive Plan and the City's
Land Development Regulations has surfaced following a proposal for a new synagogue
in a residential zone.
The City's Land Development Regulations provides that churches or synagogues and
other places of worship are permitted uses in the Community Facilities (CF) zone. CF
uses are also permitted uses in all other zones in the City. (See Exhibit #1 for the CF
zone). However, Policy 1.3 of the Future Land Element in the Comprehensive Plan
provides that "community facilities (including schools) and places of worship shall be
allowed on property with a residential or business and office land use designation
through the conditional use procedures found in the City's Land Development
Regulations... ". (See Exhibit #2 for Policy 1.3)
The City Attorney has reviewed the matter and advised that prOVIsion in the
Comprehensive Plan takes precedence over the Land Development Regulations and
further advises that the inconsistency between the Comprehensive Plan and the Land
Development Regulations should be addressed for future applications.
This matter was previously discussed by City Commission at its workshop on June 20,
2001. The previous Community Development Director had recommended revisions to
the Land Development Regulations to amend the permitted uses in the CF zone and to
amend each residential zone to make education and vocational institutes and churches
or synagogues and other houses of worship that were not stand-alone uses as
conditional uses in the residential zones. No action was taken on that recommendation.
Commission's concern at that time in amending the Land Development Regulations to
designate a religious facility as a conditional use in each residential zone was that
there is federal law prohibiting governments from imposing or applying zoning laws that
place a substantial burden on religious exercise.
The City Attorney has reviewed the legislation and does not believe that the current
policy requiring conditional use approval for places of worship is a substantial burden
because the policy does not refer to religious uses alone but includes all community
facilities, such as schools, libraries, cultural, civic and community centers.
This plan policy has previously been applied. The Aventura Charter School is located
on property with a business and office land use designation and therefore required
conditional use approval. This approval was granted to the Charter School by
Ordinance No. 2002-14.
There are two possible courses of action to address the inconsistency between the
Code and the Plan:
1. The policy in the Comprehensive Plan could remain as is and the zoning districts in
the Land Development Regulations could be amended to require conditional use
approval for schools and places of worship consistent with the Comprehensive Plan, or,
2. The policy in the Comprehensive Plan could be amended to exempt community
facilities, including schools and places of worship from the requirement of conditional
use approval which would then allow all community facilities as of right in all zones.
In any event, the City Commission may want to continue to maintain a public school,
other than a charter school sponsored by the City, as a conditional use requirement.
~H[~H~~
ATTORNEYS AT LAW
1~~~~1~
Clifford A. Schulman
(305) 579-0613
Dire" Fax: (305) 961-5613
E-Mail: schulmanc@gtlaw.com
September 24, 2002
Mayor and City Commissioners
City of Aventura
19200 West Country Club Drive
Aventura, FL 33180
Re: Conditional Use Permits for Religious Uses
Dear Mayor and City Commissioners:
It is my understanding that an agenda item for today's City of Aventura Commission
workshop is to discuss the apparent conflict between the City Aventura Comprehensive Plan and
the Land Development Regulations with respect to religious uses. I would like to be able to
present to you, in person, my argument that the imposition of a conditional use permit
requirement on the Temple located in Williams Island is a violation of federal law. This position
is explained below.
The Temple in question is located on the first floor of a condominium building inside the
City of Aventura and has been operating in Williams Island for over 10 years, in one form or
another. The condominium building is presently within the RMF4 zoning district. This district
permits "All uses permitted in the CF district." The CF district permits "[cJhurches or
synagogues or other houses of worship" without a conditional use permit. See City of A ventura
Land Development Regulations, Section 31-147(a)(I). Therefore, from a zoning point of view,
the Temple is permitted to be located in this condominium, as of right, under the City of
Aventura's land development regulations. As such, the Temple operates under and pursuant to a
certificate of use and zoning from the City of Aventura.
Policy 1.3 of the City of Aventura Comprehensive Plan appears to be inconsistent with
the land development regulations: "Community facilities (including schools) and places of
worship shall be allowed on property with a residential or business and office land use
designation through the conditional use procedures found in the City's land development
regulations. . . ." However, neither the comprehensive plan nor the City's land development
regulations require other types of non-religious assemblies, such as private meeting halls and
theaters to obtain a conditional use permit to be located in the very same zoning district.
To the extent that Policy 1.3 of the Comprehensive Plan would be construed to
potentially override the zoning code and require the Temple to obtain a conditional use permit,
this policy is a clear violation of the Religious Land Use and Institutionalized Persons Act, 42
GREENBERG TRAURIG. P.A.
1221 BRICKELL AVENUE MIAMI. FLORIDA 33131
305-579-0500 FAX 305-579-0717 www.gtlaw.com
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September 24, 2002
Page 2
V.S.C. g 2000cc et seq. (RLUIPA) (copy attached). RLUIPA's Equal Terms provision states as
follows:
(b) Discrimination and exclusion
(1) Equal terms
No government shall impose or implement a land use regulation in a mamrer that treats a
religious assembly or institution on less than equal terms with a nonreligious assembly or
institution.
42 V.S.C. g 2000cc(b)(l). Thus, RLUIPA prohibits a government from imposing land use or
zoning requirements on religious assemblies or institutions that are not also imposed on similar
non-religious assemblies or institutions.
Policy 1.3 of the Comprehensive Plan is clearly subject to challenge under RLUIP A. See
42 V.S.C. g 2000cc-2 ("A person may assert a violation of this chapter as a claim or defense in a
judicial proceeding and obtain appropriate relief against a government. "). Policy 1.3 is a land
use regulation as defined by RLUIPA. See 42 V.S.C. g2000cc-5(5) (defining land use regulation
as "a zoning or landmarking law, or the application of such a law, that limits or restricts a
claimant's use or development of land (including a structure affixed to the land), if the claimant
has an ownership, leasehold, easement, servitude, other property interest in the regulated land or
a contract or option to acquire such an interest.") Additionally, the City of Aventura is a
"government" subject to RLUIPA. See 42 V.S.C. g 2000cc-5(4)( "The term 'government' - (A)
means - (i) a State, county, municipality or other governmental entity created under the authority
of a State. . . .").
The Temple, which is clearly a "religious assembly or institution" protected under
RLVIP A, is only permitted under the Comprehensive Plan to be in this zoning district with a
conditional use permit. However, at the same time the condominium building in which the
Temple is located has rooms available for private parties, meetings and other types of assemblies
to persons located both within and without the development. However, these non-religious
assemblies are not required by the comprehensive plan to obtain a conditional use permit. The
Comprehensive Plan, therefore, puts the Temple, and any other religious institutions or
assemblies attempting to meet in the City of A ventura, "on less than equal terms" as compared
with the non-religious assemblies or institutions. Such disparate treatment between religious and
non-religious institutions and assemblies is a clear violation ofRLUIP A. See, Murphy v. Zoning
Commission of Town of New Melford, 148 F. Supp.2d 173 (D.C. Conn. 2001)(injunction issued
to prevent Town from prohibiting religious meetings in single family neighborhood where single
family residents were allowed to have private, non-religious parties in same area without specific
September 24, 2002
Page 3
zoning approval).
This disparate treatment by the Comprehensive Plan in Policy 1.3 also violates the First
Amendment of the United States Constitution. See Freedom Baptist Church of Delaware County
v. Township of Middletown, 204 F.Supp. 2d 857, 869 (E.D. Penn. 2002) (stating that the "equal
terms" provision of RLUIP A codifies Supreme Court decisions concerning the First
Amendment). The Supreme Court has stated that "[a]t a minimum, the protections of the Free
Exercise Clause [of the First Amendment] pertain if the law at issue discriminated against some
or all religious beliefs or regulates or prohibits conduct because it is undertaken for religious
reasons." Church of Lukumi Babalu Aye, Inc. v. City of Hialeah, 508 U.S. 520, 532, 113 S.C!.
2217,2226 (1992). Thus, because Policy 1.3 treats religious and non-religious institutions and
assemblies differently, it violates the protections of the First Amendment. See id. at 533, 113
S.Ct. at 2227 ("[I]f the object of a law is to infringe upon or restrict practices because of their
religious motivation, the law is not neutral and it is invalid unless it is justified by a compelling
interest and is narrowly tailored to advance that interest.").
Policy 1.3 of the Comprehensive Plan is also unreasonable, and thus violates the
Exclusions and Limits provision ofRLUIPA. Section 2(b)(3)(B) ofRLUIPA states:
(3) Exclusions and limits
No government shall impose or implement a land us regulation that-
. . . (B) unreasonably limits religious assemblies, institutions, or structures within
a jurisdiction.
RLUPA's Exclusions and Limits provisions codify the United States Supreme Court
decisions under the Equal Protection Clause of the Fourteenth Amendment. See Freedom
Baptist Church, 204 F.Supp. 2d at 871. The Supreme Court has held that the Equal Protection
Clause prohibits irrational distinctions in land use laws. City of Cleburne v. Cleburne Living
Center, 473 U.S. 432,105 S.Ct. 3249 (1985). In Cleburne, the City required a special use permit
for homes for the mentally retarded, but did not require a special use permit for other multi-
family uses such as apartment houses and boarding houses, in the same zoning district. Id. at
447. The Court stated the government could differentiate between uses only if the use which
needed a special use permit "would threaten legitimate interests of the city in a way that other
permitted uses. . . would not." Id. at 448.
Here, no additional disturbances to the condominium residents could result from a
religious worship service than would result from a community citizens' meeting or a private
party. The City of Aventura has no reasonable reason to require, under the Comprehensive Plan,
September 24, 2002
Page 4
religious institutions and assemblies to obtain a conditional use permit in order to use space in a
condominium, but not to require non-religious institutions or assemblies to do the same. Policy
1.3 of the City of Aventura's Comprehensive plan therefore violates the "Exclusions and Limits"
provision ofRLUIPA and the Equal Protection Clause of the Fourteenth Amendment.
Based on the foregoing, the City of Aventura's Comprehensive Plan could be challenged
under RLUIPA, the First Amendment and the Equal Protection Clause of Fourteenth
Amendment. We would respectfully request that the Comprehensive Plan language which
appears to require a conditional use approval for such religious uses/assemblies be modified so
as to eliminate the requirement for a conditional use approval for religious uses that are held in
such facilities. This is not to say, that conditional use approval might not be appropriate for a
free-standing religious institution that is not conducting its activities in a marmer that is identical
to other uses taking place, as of right, in a particular zoning district, and the Commission may
wish to distinguish such situations.
Because I am unable to attend this workshop due to a previously scheduled commitment,
I respectfully request that you defer this workshop to a future date.
Sincerely,
Clifford A. Schulman
Attachment
42 USCA ~ 2000cc
42 U.S.C.A. ~ 2000cc
Page I
UNITED STATES CODE ANNOTATED
TITLE 42. THE PUBLIC HEALTH AND WELFARE
CHAPTER 2IC-RELIGIOUS LAND USE AND INSTITUTIONALIZED PERSONS
Copr. @ West Group 2002. No claim to Orig. U.S. Govt. Works.
Current through P.L. 107-209, approved 8-06-02
6 2000cc. Protection ofland use as religious exercise
(a) Substantial burdens
(I) General rule
No government shall impose or implement a land use regulation in a manner that imposes a substantial burden on
the religious exercise of a person, including a religious assembly or institution, unless the government demonstrates
that imposition of the burden on that person, assembly, or institution--
(A) is in furtherance of a compelling governmental interest; and
(B) is the least restrictive means of furthering that compelling governmental interest.
(2) Scope of application
This subsection applies in any case in which--
(A) the substantial burden is imposed in a program or activity that receives Federal financial assistance, even if the
burden results from a rule of general applicability;
(B) the substantial burden affects, or removal of that substantial burden wonld affect, commerce with foreign
nations, among the several States, or with Indian tribes, even if the burden results from a rule of general
applicability; or
(C) the substantial burden is imposed in the implementation of a land use regulation or system of land use
regulations, under which a government makes, or has in place fonnal or infonnal procedures or practices that permit
the government to make, individnalized assessments of the proposed uses for the property involved.
(b) Discrimination and exclusion
(I) Equal terms
No government shall impose or implement a land use regulation in a manner that treats a religious assembly or
institution on less than equal terms with a nonreligious assembly or institution.
Copr. @ West 2002 No Claim to Orig. U.S. Govt. Works
42 USCA ~ 2000cc
42 U.S.C.A. ~ 2000cc
Page 2
(2) Nondiscrimination
No government shall impose or implement a land use regulation that discriminates against any assembly or
institution on the basis of religion or religious denomination.
(3) Exclusions and limits
No government shall impose or implement a land use regulation that--
(A) totally excludes religious assemblies from a jurisdiction; or
(H) unreasonably limits religious assemblies, institutions, or structures within a jurisdiction.
CREDIT(S)
2002 Electronic Update
(Pub.L. 106-274. & 2, Sept. 22, 2000, 114 Stat. 803.)
mSTORICAL AND STATUTORY NOTES
Short Title
Pub.L. 106-274. & I, Sept. 22, 2000, 114 Stat. 803, provided that: "This Act [enacting this chapter and amending
sections 1988, 2000bb-2, and 2000bb-3 of this title] may be cited as the 'Religious Land Use and Institutionalized
Persons Act of 2000'."
LIBRARY REFERENCES
Law Review and Journal Commentaries
The Religious Land Use and Institutionalized Persons Act of 2000: A constitutional response to unconstitutional
zoning practices. Roman P. Storzer & Anthony R. Picarello, Jr., 9 Geo. Mason L.Rev. 929 (2001 \.
The Religious Land Use and Institutionalized Persons Act of 2000 (RLUlPA): A valid exercise of congressional
Dower? Shawn Jensvold. 16 BYU J.Pub.L. I (2001).
NOTES OF DECISIONS
Construetlon with other laws 1/2
Retroaetlve application l
Copr. <Cl West 2002 No Claint to Orig. U.S. Govt. Works
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LAND DEVELOPMENT REGULATIONS
~ 31-147
See. 31-147. Community Facilities Zoning District.
(a) Purpose. The Community Facilities (CF) District is intended for those uses of institu-
tional character such as houses of worship, schools, government and cultural buildings, public
facilities, hospitals and parks and other facilities, which generally benefit the community. This
zoning district may be applied to land designated Residential, Parks and Recreation, 'lbwn
Center, Business and Office, Industrial and Office on the City's Future Land Use Map.
(1) Uses permitted. No building or structure, or part thereof, shall be erected, altered or
used, or land used in whole or part for other than one or more of the following specific
uses:
a. Parks.
b. Schools.
c. Educational or vocational institutes.
d. Churches or synagogues and other houses of worship.
e. Libraries.
f. Cultural, civic and community centers.
g. Municipal government, administration, services and maintenance facilities.
h. Police and fire protection facilities.
i. Uses generally accessory to the above principal uses.
(2) Conditional use. The following uses if first approved as a conditional use:
a. Governmentally sponsored or subsidized residential/care facilities for the aged
and/or handicapped, nursing homes, convalescent homes, and congregate care
facilities.
b. Hospitals and clinics.
c. Non-municipal governmental facilities and buildings.
d. Private fraternal, civic, charitable, professional or educational non-profit organi-
zations.
e. Federal post office.
f. ALF.
g. Aboveground storage tanks. Aboveground storage tanks (AST) only as an
accessory use and only for the purpose of storing fuel for emergency generators.
ASTs must conform to the following requirements:
1. Be of 550 gallons capacity or less.
2. Be installed and operated under a valid permit from the Miami-Dade
County Department of Environmental Resources Management.
3. Be fully screened by a masonry or concrete wall with a self-closing and
locking metal door or gate. Such wall shall be landscaped in accordance with
the City's Landscape Code.
Supp. No.5 CD31:99
~ 31-147
AVENTURA CODE
.
.
4. Be located in a manner consistent with the site development standards of
the CF zoning district.
5. Installation of any AST shall require a building permit from the City.
Application for building permit shall be accompanied by a site plan
indicating the location of the AST relative to property lines. the primary
structure served by the AST, any other structures within 300 feet as well as
a landscape plan prepared by a Florida licensed architect or landscape
architect and other supporting documentation as deemed necessary by the
City Manager or designee.
(3) Uses prohibited. Except as specifically permitted in this section, the following uses are
expressly prohibited as either principal or accessory uses:
a. Residential uses.
b. Retail uses.
c. Adult entertainment uses.
d. Industrial uses.
(3) Site development standards.
a. Minimum lot area and width: The minimum size of plots shall be 20,000 square
feet and the minimum width shall be 100 feet.
.
b. Maximum height: No building or structure shall be erected or altered to a height
exceeding ten stories or 120 feet, whichever is less.
c. Setbacks:
1. Front: 25 feet. No parking areas shall be located within 30 feet of any
residentially zoned property or within 10 feet of any street line.
2. Side street: 30 feet.
3. Rear: 20 feet.
4. Rear, from edge of water: 10 feet.
5. Adjacent to any RS or RMF Districts: 30 feet.
(Ord_ No. 99-09, ~ 1(Exh. A, ~ 707), 7-13-99; Ord_ No. 2000-08, ~ 1,4-4-00)
Sec. 31-148. Recreation/Open Space Zoning District.
(a) Purpose. The Recreation Open Space <ROS) District is intended to provide for the
recreation and open space needs of the City. The uses within this district shall be consistent
with the Parks and Recreation Future Land Use Map category permitted uses. This zoning
district may be applied to land designated Recreation and Open Space, Residential and lor
'Ibwn Center on the City's Future Land Use Map. Because of the nature of uses involved and
.
Supp. No.5
CD31:100
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
Eric M. Soroka, City
TO:
City Commission
DATE:
September 17, 200
'"
.47 Acre Property at N.E. 281 Avenue & N.E. 2131h Street
SUBJECT:
September 24, 2002 Workshop Agenda
BACKGROUND
In February of 2001, the City Commission approved a settlement of a lawsuit that
resulted in the City acquiring the subject property for $650,000. The parcel is located
on Biscayne Boulevard, west of Aventura Commons Shopping Center (see attached).
As part of the settlement, a billboard that was located on the site was removed on July
31,2002. Until that event occurred we were not in a position to sell the property.
At the time the City Commission settled the lawsuit, it was discussed that in August of
2002, the City Commission should consider selling the property. I have placed this item
on the Workshop Agenda to obtain direction from the Commission on this matter. The
City has received several inquiries regarding the property.
If the City Commission decided to sell the property, it would be accomplished utilizing
the bid process with a minimum bid amount contained in the bid specifications.
EMS/aca
Attachment
CC01118-02
I
-
>.,
M
II
II,
- I
,
Scale
1" = 300'
214th Street
Nona's PreSChool
Gulfstream Park
Residential
]0
Vacant
treet
I
Residential -.J
------
213th Street
Star All
Aventura Commons
Shopping Center
Biscayne
Medical Arts
Aventura Hospital
~.
-
Mutchnik Property
Adjacent Properties Map
':II';;~: Keith and Schnars, PA.
~ ~~=
ENGINEERS. P/JoJINERS. SURVfYDRS
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
Eric M. Soroka, City
TO:
City Commission
DATE:
September 17, 200
SUBJECT: Proposed Membership Fe for Community Recreation Center
September 24, 2002 Workshop Agenda
The Community Services Advisory Board has recommended the attached Proposed
Annual Membership Fee Structure for the Community Recreation Center.
I have placed this item on the Workshop Agenda to obtain the City Commission's input
on this proposal so that it may be finalized prior to the opening of the facility.
EMS/aca
Attachment
CC01117-02
CITY OF AVENTURA
COMMUNITY/RECREATION CENTER
PROPOSED ANNUAL MEMBERSHIP FEE STRUCTURE
RECOMMENDED BY COMMUNITY SERVICES ADVISORY BOARD
CATEGORY
DESCRIPTION
FEE SCHEDULE
FAMILY:
Up to six people living at the same address.
$200.00
Additional family member living at the same
address.
$50.00
COUPLE:
Adult
Two adults between the ages of 18 and 64
living at the same address with no children.
$160.00
Senior
Two adults living at the same address where
one partner has attained the age of 65.
$80.00
INDIVIDUAL:
Adult
Individual between the ages of 18 and 64.
$100.00
Student
Individual between the ages of 12 and 17.
$80.00
Senior
Individual who has attained the age of 65.
$50.00
Child
Six Month
Memberships:
Individual under the age of 12.
$50.00
50% of the annualized membership rate.
Membership Guidelines:
1. Membership is open to all Miami-Dade County residents.
2. There shall be no City residency requirement to purchase a membership.
3. The same fee shall be charged for memberships, regardless of whether
that person is a resident of the City or not.
4. The Center shall generally only be available to members.
Guest Policy
Members may bring up to two guests per visit at the following charge:
Child $5
Senior $5
Adult $10
All members to be responsible for guests' behavior and assume responsibility for
their actions. Guests shall be required to sign waiver. Guests shall not be
allowed to register for programs generally open to members only.
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