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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 ..Ir..... "'T~_, V~~.T 'tVT. 'Hn~'''''''^'" n r A..... ''''m' DnTT' THH THn. 'T'"""",,, .........,.,,.,n r....... .ro^ "Dr."",,,,,, O"H'l""'TV WTTT U'''''''''''''l'lJ I"" '" ..,r"'T"''' Tl"..,.,,.,.. 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. 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III ... - o = alii-a;! cree.. =_.:::1 a" -.-rt ~ :::r.g 3i c [83l;llr .!!.! =- ~:t_o :..51."''' ..:or '" .'i!s.... ';1.= c -r-_a.a.. 9'a.::- 8" a"'" .c:aOii -!Z.~= ~-a.3 117:;:8!~ 15.3-!!l. -< - -_3. . ~c:aSJ .2.c:" .. I::t:r il :: ... '" '" . .nni lEg. "iif:::ln . -&"0 :::I =. iii :::I c..", n .. .. i-s.=- "'< '" 2:..~ ="'-!!,'" g~ So '" 00,:<:::1 :::I _.. a. o = ..... In n -I - < In N I ~iJ 'i "'-1Il::r ill- g' ii' iIi. 2,Cill <g ~i2,~~' .. ig !ill Q, g~i ~ ",::r!!!!.. ::. ~ g.(; .ii I f; .. Q, -~.. ~Dlllf l~~~~ &'~IS~ gllln3E.~ 2.t3.Q:lil i~ii~ !!l {~II!.... oci~~ <a- 'g.3 !It!!! ..3 - "'-" 3U1~.a. lDii!; - ....~!! 9'S1g.Q, .. :! oS lJl ... o 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. 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