04-02-2002
The c~ of
Aventura
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Jeffrey M. Perlow, Mayor
City M~F
Eric M. Soroka
Arthur Berger
lay R. Beskin
Ken Cohen
Manny Grossman
Harry Holzberg
Patricia Rogers-Libert
City Clerk
Teresa M. Soroka, CMC
City Attomv
Weiss Serota Helfman
Pastoriza & Guedes
LOCAL PLANNING AGENCY
AGENDA
APRIL 2, 2002 - 6 PM
Government Center
19200 West Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER\ROLL CALL
2. PLEDGE OF ALLEGIANCE
3.
APPROVAL OF MINUTES:
February 5, 2002 LPA Hearing
4. PUBLIC HEARING: MOTION RECOMMENDING ADOPTION OF THE
FOLLOWING ORDINANCES:
A. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
AMENDING THE COMPREHENSIVE MASTER PLAN OF THE
CITY OF A VENTURA BY AMENDING THE FUTURE LAND USE
MAP DESIGNATION FOR FOUNDERS PARK LOCATED AT
3105 AND 3200 NE 190 STREET FROM TOWN CENTER TO
PARKS AND RECREATION; PROVIDING FOR TRANSMITTAL
TO THE DEPARTMENT OF COMMUNITY AFFAIRS;
PROVIDING FORAN EFFECTIVE DATE.
B. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
AMENDING SECTION 31-21 OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO AMEND DEFINITIONS;
AMENDING SECTION 31-145 OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO AMEND REGULATIONS
REGARDING MINIMUM FLOOR AREAS IN THE TCl ZONING
DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING
FOR INCLUSION IN THE CODE; PROVIDING FOR AN
EFFECTIVE DATE.
April 2, 2002 LPA Meeting
C. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
AMENDING THE COMPREHENSIVE MASTER PLAN OF THE
CITY OF A VENTURA BY AMENDING THE FUTURE LAND USE
MAP DESIGNATION FOR THE CITY'S COMMUNITY
RECREATION FACILITY SITE LOCATED AT 3375 NE 188
STREET FROM BUSINESS AND OFFICE TO PARKS AND
RECREATION; PROVIDING FOR TRANSMITTAL TO THE
DEPARTMENT OF COMMUNITY AFFAIRS; 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,
305466-8901, not later than two days prior to such proceeding.
Anyone wishing to appeal any decision made by the City of A ventura 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,
A ventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466-890 I.
One or more members of the City of Aventura Advisory Boards may also be in attendance.
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MINUTES
LOCAL PLANNING AGENCY
MEETING
FEBRUARY 5, 2002 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 Jeffrey M. Perlow. Present were Commissioners Arthur Berger, Jay R. Beskin,
Ken Cohen, Manny Grossman, Harry Holzberg, Vice Mayor Patricia Rogers-Libert,
Mayor Perlow, 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: Jay Miranda led the pledge of allegiance.
3. APPROVAL OF MINUTES: A motion to approve the minutes of the January 8,
2002 LPA Hearing was offered by Commissioner Cohen, seconded by
Commissioner Berger and unanimously passed.
4. PUBLIC HEARING: MOTION RECOMMENDING ADOPTION OF THE
FOLLOWING ORDINANCES:
A. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY
AMENDING THE ZONING DESIGNATION FOR THREE (3) PARCELS
LOCATED AT 3016, 3030, AND 3205 NE 188 STREET FROM TC2,
TOWN CENTER MARINE DISTRICT TO RMF3B, MULTIFAMILY
MEDIUM DENSITY RESIDENTIAL DISTRICT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR AN EFFECTIVE DATE
A motion to recommend adoption of the ordinance was offered by Vice Mayor
Rogers-Libert and seconded by Commissioner Cohen. Brenda Kelley,
Community Development Director, addressed the Commission. Mayor Perlow
opened the public hearing. George Berlin, 1940 NE 194 Drive, North Miami
Beach, FL addressed the Commission. There being no further speakers, the
public hearing was closed. The motion for approval passed unanimously.
B. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
SECTION 31.21 OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO AMEND DEFINITIONS; AMENDING SECTION 31.
171 OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO
AMEND PARKING REQUIREMENTS FOR MIXED.USE
DEVELOPMENT; AMENDING SECTION 31-191 OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO PROVIDE FOR SIGNAGE
REGULATIONS FOR PARKING STRUCTURES; AMENDING SECTION
31-233 OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO
PROVIDE FOR REGULATION OF OUTDOOR ACCESSORY
FURNITURE; AMENDING SECTION 31-239 OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO PROVIDE FOR CLARIFICATION
OF STORMWATER DRAINAGE REQUIREMENTS; AMENDING
SECTION 31-272 OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO PROVIDE CLARIFICATION TO NONCONFORMING
USES AND STRUCTURES; AMENDING SECTION 31-273 OF THE
CITY'S LAND DEVELOPMENT REGULATIONS TO PROVIDE
CLARIFICATION TO NONCONFORMING USES AND STRUCTURES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE; PROVIDING FOR AN EFFECTIVE DATE.
A motion to recommend adoption of the ordinance was offered by Commissioner
Holzberg and seconded by Vice Mayor Rogers-Libert. Ms. Kelley addressed the
Commission. Mr. Soroka noted that Section 4 (i) relative to vending machines
and public telephones would be amended prior to second reading. Mayor Perlow
opened the public hearing. There being no speakers, the public hearing was
closed. The motion for approval passed unanimously.
C. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF
AVENTURA BY AMENDING THE ZONING DESIGNATION FOR ONE
(1) PARCEL OF LAND LOCATED AT 3333 NE 188 STREET FROM
TC2, TOWN CENTER MARINE DISTRICT TO CF, COMMUNITY
FACILITIES DISTRICT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN
EFFECTIVE DATE.
A motion to recommend adoption of the ordinance was offered by Vice Mayor
Rogers-Libert and seconded by Commissioner Cohen. Ms. Kelley addressed the
Commission. Mayor Perlow opened the public hearing. There being no
speakers, the public hearing was closed. The motion for approval passed
unanimously.
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5. ADJOURNMENT. There being no further business to come before the Local
Planning Agency, the meeting adjourned at 6:40 p.m.
Teresa M_ Soroka, CMC, City Clerk
Approved by the LPA on
3
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MI;MORANDYt!
DATE:
March 19, 2002
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TO:
FROM:
BY:
SUBJECT: Amendment to the City's Comprehensive Plan to change the land use
designation of the Founders Park site located at 3105 and 3200 NE 190
Street from Town Center to Parks and Recreation.
(03-CPA-02)
April 2, 2002 Local Planning Agency Agenda Item i-/ A-
April 2, 2002 City Commission Meeting Agenda Item .1il..
RECOMP4IENpATlgN
It is recommended that the City Commission: 1) approve the Comprehensive Plan
amendment to change the land use designation of the Founders Park site from Town
Center to Parks and Recreation; and 2) approve the transmittal of the amendment to the
Florida Department of Community Affairs.
THE RE9UEST
City staff is requesting a Comprehensive Plan amendment to change the land use
designation of the Founders Park site located at 3105 and 3200 NE 190 Street from Town
Center to Parks and Recreation.
BACK9ROUN~
OWNER OF PROPERTIES
NAME OF APPLICANT
LOCATION OF PROPERTY
City of Aventura
City of Aventura
3105 and 3200 NE 190 Street
(See Exhibit #1 for aerial photo and Exhibit #2 for
location map) (Folio No. 28-2203-052-0060)
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SIZE OF PROPERTY
Approximately 12.65 acres
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State regulations require that the local government's Future Land Use map depict
recreational land uses. These recreation land uses are depicted on other maps and charts
in the City's Comprehensive Plan. More specifically, Aventura Founders Park is depicted
as a facility on Table 3-1 of the Existing and Proposed Recreation and Open Space Areas
(Public and Private) and as Aventura Founders Park on Map 3-1. This amendment
proposes to make the Future Land Use map designation consistent with the actual use of
the property.
ANAL YSI$
Future Land Use Designation
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Zoning
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Existing Land Use
Subject property:
Properties to the North:
Properties to the South:
Properties to the East:
properties to the West:
Town Center
William Lehman Causeway and Medium-High Density
Residential
Medium-High Density Residential and Business and
Office
Medium-High Density Residential
Town Center
ROS, Recreation Open Space
William Lehman Causeway and RMF4, Multi-Family
High Density Residential District
CF, Community Facilities District and RMF3, Multi-
Family Medium Density Residential
RMF4, Multi-Family High Density Residential District
CF, Community Facilities District and RMF3, Multi-
Family Medium Density Residential
Aventura Founders Park
residential
residential and marine industry - proposed Aventura
Elementary Charter School
residential and vacant lot
residential and Aventura Government Center
Background - The northern portion of Founders Park (originally known as the Winn Dixie
site) was designated Business and Office land use and zoned BU-2 which allowed for
commercial uses under the Miami-Dade County Code. This portion of the site was
purchased by the City in early 1997 for $2.97 million for a public park site. The mid- and
southern portion of the park was dedicated to the City by the County. Founders Park was
completed and dedicated in December 1998. The park offers active recreation
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opportunities including a multi-purpose athletic field, children's playground, and exercise
and fitness path. Passive, open space areas and access to the waterfront are provided on
the south side of the park.
Access - Access to this parcel is from NE 190 Street, a public right-of-way.
Conformity to City Comprehensive Plan - This amendment proposes to make the
Future Land Use map designation consistent with the actual and proposed use of the
property. More specifically:
Future Land Use Element
Objective 5 - Aventura shall, by the year 2005, reduce the number of land uses
inconsistent with the uses designated on the LUP map or with the character of the
surrounding community.
The proposed amendment will provide a Parks and Recreation land use
designation that is consistent with the zoning and use of the property.
Objective 9 - Aventura shall continue to maintain, update and enhance the municipal
code, administrative regulations and procedures, to ensure that future land use and
development is consistent with the Plan, and to promote better planned development and
communities with well designed buildings.
The proposed amendment will provide a Parks and Recreation land use
designation that is consistent with the zoning and use of the property.
Policy 9.1 - Aventura shall continue to maintain, and enhance as necessary, regulations
consistent with the Plan which govem the use and development of land and which, as a
minimum, regulate:
1. Land use consistent with the Land Use Element and Level of Service standards;
2. Subdivision of land;
3. Areas subject to seasonal or periodic flooding;
4. Stormwater management;
5. Protection of environmentally sensitive lands;
6. Signage; and
7. On-site traffic flow and parking to ensure safety and convenience and that no
avoidable off-site traffic flow impediments are caused by development.
The proposed amendment provides for compliance with item #1 above, by
providing a Parks and Recreation land use designation that is consistent with the
zoning and use of the property.
Islall reportalO3-CPA-02 comp plan Founders Pari<
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ORDINANCE NO. 2002 -
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE COMPREHENSIVE MASTER PLAN OF
THE CITY OF AVENTURA BY AMENDING THE FUTURE
LAND USE MAP DESIGNATION FOR FOUNDERS PARK
LOCATED AT 3105 AND 3200 NE 190 STREET FROM
TOWN CENTER TO PARKS AND RECREATION;
PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT
OF COMMUNITY AFFAIRS; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Department of Community Affairs of the State of Florida found in
compliance the City of Aventura Comprehensive Plan (the "Plan") in February 1999; and
WHEREAS, the Future Land Use Map of the Comprehensive Plan designated the
subject property Town Center; and
WHEREAS, City staff is requesting a Comprehensive Plan amendment, through
Application No. 03-CPA-02, to change the land use designation of Founders Park
located at 3105 and 3200 NE 190 Street totaling 12.65 acres from Town Center to
Parks and Recreation; and
WHEREAS, the City Commission believes it is in the best interest of the public to
amend the future land use map designation on the subject property from Town Center
to Parks and Recreation; and
WHEREAS, the Plan amendment will not result in impacts on any infrastructure
system that will exceed established level of service standards and is otherwise
consistent with the goals, objectives and policies of the Plan to the extent the
application is granted herein; and
WHEREAS, the existing use on the property is a public park; and
Ordinance No. 2002-_
Page 2
WHEREAS, the Local Planning Agency has reviewed the application pursuant to
the required public hearing and has recommended approval to the City Commission;
and
WHEREAS, the City Commission believes the amendment will maintain the
unique aesthetic character of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. PurDose. This Ordinance is intended to preserve the unique
aesthetic character of the City and ensure that adjacent land uses are compatible. It is
further intended to protect property values, create a better business climate, enhance
the physical appearance of the community and preserve the natural beauty of the City.
Section 2. Amendment of Future Land Use MaD Desianation. The future
land use map designation of Founders Park located at 3105 and 3200 NE 190 Street
totaling approximately 12.65 acres (Folio Number 28-2203-052-0060) (see Exhibit #1
for property location) is hereby changed from Town Center to Parks and Recreation.
Section 3. 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.
Ordinance No. 2002-_
Page 3
Section 4. Inclusion in the Comprehensive Plan. 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 Comprehensive Plan of the City of Aventura and that the
Future Land Use Map of the Comprehensive Plan may be revised so as to accomplish
such intentions.
Section 5. Transmittal. The City Clerk is directed to transmit the amendment
to the State of Florida Department of Community Affairs.
Section 6. Effective Date. This Ordinance shall be effective pursuant to
Chapter 163 of the Florida Statutes.
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 Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Mayor Jeffrey M. Perlow
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 Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Mayor Jeffrey M. Perlow
Ordinance No. 2002-_
Page 4
PASSED on first reading this 2nd day of April, 2002.
PASSED AND ADOPTED on second reading this _ day of
,2002.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Ordinance was filed in the Office of the City Clerk this _ day of
,2002.
CITY CLERK
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EXHIBIT #1
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
M~MORANDUM
BY:
Brenda Kelley, Co
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TO: City Commission
FROM:
Eric M. Soroka, Cit
DATE:
March 19, 2002
SUBJECT: Clean-up amendments to the City's Land Development Regulations.
(02-LDR-02)
April 2, 2002 Local Planning Agency Agenda Item '-I fJ
April 2, 2002 City Commission Meeting Agenda Item <6 B
May 7, 2002 City Commission Meeting Agenda Item
REC9~MENDATlON
It is recommended that the City Commission approve the clean-up amendments to the
City's Land Development Regulations.
T..ttE REQUE~I
City staff is requesting miscellaneous clean-up amendments to the City's Land
Development Regulations.
AI':IAL VSIS
Standards for reviewing proposed amendments to the text of the LOR:
1. The proposed amendment is legally required.
The proposed amendments improve the administration or execution of the
development process in that it clarifies language and definitions.
2. The proposed amendment is consistent with the goals and objectives of the
Comprehensive Plan.
The proposed amendments are consistent with the goals and objectives of the
Comprehensive Plan.
3. The proposed amendment is consistent with the authority and purpose of the LOR.
The proposed amendments are consistent with the authority and purpose of the Land
Development Regulations.
4. The proposed amendment furthers the orderly development of the City.
The proposed amendments further the orderly development of the City.
5. The proposed amendment improves the administration or execution of the
development process.
The proposed amendments improve the administration or execution of the
development process in that it clarifies language and definitions.
Description/Background of Proposed Amendments 1;
1. Sec. 31-21. Definitions. (see Exhibit #1)
Hotel shall mean a commercial establishment which provides temoorarv overnight
sleeping accommodations for the aeneral public. No more than three (3) percent of
the individual hotel units shall be occupied for duration of continuous stav not to
exceed three (3) months. Principal access to all rental rooms shall be through an
inside lobby or office supervised by a person in charge at all hours. Qther tvoical
hotel services must be provided includina daily linen and maid service. and receiot
and disbursement of keys and mail bv the attendant at the desk in the lobbv. for the
occupants of the hotel.
The proposed amendment is required to provide clarification of definitions
within the City's Land Development Regulations.
1 Under1lned provisions constitute proposed additions to existing text; stFlsken tl'lRlygll provisions indicate
proposed deletions from existing text.
2
2. Sec. 31-145. Town Center Zoning Districts. (see Exhibit #2)
(b) Town Center District (TC1). The following regulations shall apply to all TC1
Districts: ...
(3) Conditional Uses Permitted: The following uses may be established if first
approved as a conditional use:
a. Those uses permitted in the RMF3 District.
b. Those uses permitted in the 81 District.
c. Sale of alcoholic beverages for on-premises consumption except with
meals.
d. Uses that exceed the height limitations.
e. Floor areas that are less than the minimum floor areas reauired.
eJ." Aboveground storage tanks...
The proposed amendment will enhance the live, work and play concept which is
important to mixed-use development by creating greater flexibility and
marketability of different unit types and mixes in the town center district.
/staff reportsI02-LOR-02 amend LOR ml&c rw vrs2 0<<l202
3
LAND DEVELOPMENT REGULATIONS
~ 31-21
Home occupation shall mean a business or occupation conducted for limited business
activities in a residential district.
Hospital shall mean a medical facility which provides for both inpatient and' outpatient
treatment and has overnight accommodations, wherein professional services concerning
personal health of humans are administered by medical doctors, chiropractors, osteopaths,
optometrists, dentists or any other such profession, which may lawfully be practiced in the
State of Florida.
Hotel shall mean a commercial establishment which provides overnight sleeping accommo-
~ dations for the public. Principal access to all rental rooms shall be through an inside lobby or
office supervised by a person in charge at all hours.
Land shall mean the earth, at or below the surface, that lies above mean high water for
water bodies.
Land use shall mean:
(1) The development that has occurred on land; or
(2) The development that is proposed on land; or
(3) A use that is permitted or permissible on the land under the Plan, or element or portion
thereof, or LDRs.
Light industrial use shall mean an industrial use for the manufacture, fabricating,
processing, converting, warehousing, distribution, wholesaling, altering and assembling of
products, repairing, packaging or treatment of goods, the nature of which is that it will not
cause or result in; dissemination of dust, smoke, noxious gas, fumes, odor, noise, vibration, or
excessive light beyond the boundaries of the lot on which the use is conducted; menace by
reason of fire, explosion, or other physical hazards; harmful discharge of waste materials
including hazardous materials; or unusual traffic hazards or congestion due to type or amount
of vehicles required by or attracted to the use.
Local planning agency (LPAJ in accordance with Ordinance 96-27 of the City of Aventura,
the City Commission has been designated as the Local Planning Agency for the City pursuant
to F.S. ~ 163.3174.
Lot shall mean a designated parcel, tract, or area of land established by plat, subdivision,
or as otherwise permitted by law, to be separately owned, used, developed, or built upon. A lot
has an assigned number, letter or other name through which it may be identified.
Lot of record shall mean either a lot or contiguous lots which exist, under single ownership
at the time of adoption of this chapter, and which are part of a subdivision, the plat of which
has been recorded in the Public Records of Miami-Dade County; or any parcel ofland not part
of a subdivision, that has been officially recorded by deed in the Public Records of Miami-Dade
County; provided that the deed for the lot or parcel was recorded prior to the effective date of
zoning in the area where the lot is located.
Supp. No.4
CD31:17
EXHIBIT #1
LAND DEVELOPMENT REGULATIONS
.mitations of uses and structures. All activities of permitted uses, inc ing sale,
dis y, preparation and storage, shall be conducted entirely with. a completely
enclos building. Storage shall not be made above the height of walls. Overhead
doors or 0 er openings larger than eight feet in width shall no located on the front
or immediate treet and/or side elevations of buildings. If 0 ented toward contiguous
residentially zo land said opening shall be scr ed in accordance with the
requirements cont in the LDR.
(6) Aboveground storage tan . Aboveground stor e tanks (AST) are permitted as an
accessory use only for the pu se of storing el for emergency generators. Such ASTs
must conform to the following r uireme
a. Be of 550 gallons capacity or
b. Be installed and operated der valid permit from the Miami-Dade County
Department of Environ ntal Reso s Management.
c. Be located within a ailed service court a or be fully screened by a masonry
or concrete wall w.' a self-closing and lockin etal door or gate. Such wall shall
be landscaped' accordance with the City's Lan ape Code. ASTs located within
a service c area must be located atop a curbed real and shall be protected
from tur mg and backing trucks with bollards.
d. Be 10 ted in a manner consistent with the site develop men
zo ng district.
Ins ation of any AST shall require a building permit from the City. lication for
b ding permit shall be accompanied by a site plan indicating the location the AST
elative to property lines, the primary structure served by the AST, an other
structures within 300 feet. A landscape plan prepared by a Florida licensed arch ct
or landscape architect and other supporting documentation shall be provided
required by the City.
(Ord. No. 99-09, ~ I(Exh. A, g 704), 7-13-99; Ord. No. 2000-08, g 1, 4-4-00)
Sec. 31-145. Town Center Zoning Districts.
(a) Purpose. The purpose and intent of these districts is to provide suitable sites for the
development of structures combining residential and commercial uses in a well planned and
compatible manner. The uses within these districts shall be consistent with, but may be more
restrictive than, the corresponding 'lbwn Center Land Use category permitted uses. Residen-
tial densities shall not exceed 25 units per gross acre and nonresidential densities shall not
exceed a floor area ratio of 2.0.
(b) Thwn Center District (TCl). The following regulations shall apply to all TCl Districts:
(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, provided the requirements set forth elsewhere in this section are satisfied:
a. Mixed-use structures. For the purposes of this subsection, mixed-use buildings or
structures are those combining residential dwelling units conforming generally
Supp. No.5
CD31:86.1
EXHIBIT #2
~ 31-145
AVENTURA CODE
with the intent of the RMF3, Multi-Family Medium Density Residential District,
with office and/or retail commercial uses allowed in the B1, Neighborhood
Business District, where the ratio oftota! square feet dedicated to residential and
non-residential uses is between 3:1 and 1:3.
b. All uses permitted in the CF District.
(2) Accessory uses permitted. Permitted incidental and accessory uses shall include:
a. Those uses allowed as accessory uses in the RMF3 Multi-Family Medium Density
Residential District, except for uses which, by their nature, would inhibit the
establishment of permitted commercial activities or restrict the acceptable
mixing of residential and non-residential uses.
b. All uses permitted as accessory uses in the CF, Community Facilities District.
c. Outdoor dining as an accessory use to a permitted restaurant or retail use.
(3) Conditional uses permitted. The following uses may be established if first approved as
a conditional use:
a. Those uses permitted in the RMF3 District.
b. Those uses permitted in the B1 District.
c. Sale of alcoholic beverages for on-premises consumption except with meals.
d. Uses that exceed the height limitations.
e. 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 reqnirements:
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.
4. Be located in a manner consistent with the site development standards of
the TC1 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.
LAND DEVELOPMENT REGULATIONS
~ 31-145
(4) Uses prohibited. Except as specifically permitted in this subsection (b), the following
uses are expressly prohibited as either principal or accessory uses:
a. Any use not specifically permitted.
b. Adult entertainment establishments.
c. Sale of goods to other than the ultimate consumer.
d. Sales, purchase, display or storage of used merchandise other than antiques.
e. Sale of fruit or merchandise from trucks, wagons or other vehicles parked on or
along public or private streets or from open stands or vacant lots. Such business
on private or public property shall be conducted only from within approved
permanent substantial buildings.
f. Any drive-through service facility.
(5) Site development standards.
a. Minimum lot size: 16,000 square feet.
b. Minimum lot width: 100 feet.
c. Maximum lot coverage: 45 percent of total lot area.
d. Maximum floor density:
1. Residential component: 25 dwelling units per gross acre.
2. Non-residential component: 2.0 floor area ratio.
e. Maximum height: Four stories or 50 feet.
LAND DEVELOPMENT REGULATIONS
~ 31-145
f. Setbacks:
1. Front: 25 feet.
2. Side: There is no side yard setback required for a plot not adjacentto a street
or alley, or where such setback is necessary to provide light and air to
residential units. In such cases a side yard setback of 20 feet in depth is
required.
3. Rear: There is no rear yard setback required for a plot not adjacent to a
street or alley, or where such setback is necessary to provide light and air to
residential units. In such cases a rear yard setback of 20 feet in depth is
required.
4. Between buildings: No minimum building separation distance is normally
required, except where necessary to provide light and air to residential
units. In such cases, buildings may be no closer than 25 feet.
g. Minimum floor areas: The minimum floor area not including garage or
unairconditioned areas shall be as follows:
Multiple-family dwelling unit:
Efficiency unit: 800 square feet.
One bedroom unit: 900 square feet.
Two bedroom unit: 1050 square feet.
For each additional bedroom in excess of two add 150 square feet.
Efficiency units shall not exceed 40 percent of the total number of residential
units within a building.
h. Required open space: A minimum of 35 percent of the total lot area of the site
shall be provided as common open space available for use by all residents; of this
common open space a minimum of one-half shall be unencumbered with any
structure (except for play equipment for children and associated mounting,
fencing and furniture) and shall be landscaped with grass and vegetation
approved in a landscape plan. The remaining one-half may be used for recre-
ational facilities, amenities, pedestrian walks, entrance landscaping and features
(not including gatehouses and associated vehicle waiting areas), or maintenance
facilities.
(6) Accessibility. All residential units shall be accessible to the outside via a direct exit or
an entry lobby that does not require residents to pass through a leasable commercial
space.
(7) Allocation of interior space. Retail stores, personal services, banks and financial
services, indoor commercial recreation uses, restaurants and coffee houses, schools,
nursery schools and child care centers are allowed only on the ground floor of
mixed-use buildings. Offices and medical offices are allowed only on the ground and
second floors. Residential uses are allowed only on the second or higher floors.
Supp. No.4
CD31:87
~ 31-145
AVENTURA CODE
(8) Garbage containers. All garbage or trash containers, oil tanks and bottle gas tanks
must be placed in walled-in areas so that they shall not be visible from adjoining
properties.
c) Thwn Center Marine District (TC2). The following regulations shall apply to all T
Dis .cts.
rpose. This district is intended to provide suitable sites for the devel ment of
st tures combining residential and commercial uses located in proximi to marine-
rela light industrial activities. Residential units within this dis ct should be
develop and sold with the realistic expectation that limited imp. cts of noise, odor
and dust be experienced. Residential densities shall not ex a 25 units per gross
acre and nonr idential densities shall not exceed a floor are ratio of 2.0.
(2) Uses permitted. building or structure, or part thereof,
used, or land used 1 whole or part for other than one 0 ore ofthe following specific
uses, provided the re irements set forth elsewhere' this section are satisfied:
a. Mixed-use structur . For the purposes ofth. subsection, mixed-use buildings or
structures are those c mbining residenti dwelling units conforming generally
with the intent of the 3, Multi-F y Medium Density Residential District,
with office and/or retail uses allowed in the B1, Neighborhood
Business District, where tha rati of total square feet dedicated to residential
and non-residential uses is be en 3:1 and 1:3.
b. Dry and wet boat storage.
c.
d. Manufacturing and re . of equipment ed in boats, ships and other marine
applications, includ' g cabinets and other terior woodwork; electronic equip-
ment and navigaf nal equipment and tools.
e. Manufacturing esearch and development business . mited to buildings of 25,000
square feet 0 ess in area per lot.
g.
h.
f.
i. e uses which serve or represent any primary industrial use 1
j. epair and modification of ships and boats.
Retail sales of boats and ships, marine equipment and accessories, i luding
fishing equipment and tackle, but not including the storage or sales of liv
Retail uses which serve the district.
Self service storage facility.
n. Warehousing including crating, packing and shipping.
Supp. No.4 CD31:88
ORDINANCE NO. 2002-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING SECTION 31-21 OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO AMEND
DEFINITIONS; AMENDING SECTION 31-145 OF THE
CITY'S LAND DEVELOPMENT REGULATIONS TO
AMEND REGULATIONS REGARDING MINIMUM FLOOR
AREAS IN THE TC1 ZONING DISTRICT; 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 provide additional language and/or to clarify certain sections
of the Code; 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 application 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 RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT1:
1 Underlined provisions constitute proposed additions to existing text; striskEJR ll=irallgl=i provisions indicate
proposed deletions from existing text.
Ordinance No. 2002 -
Page 2
Section 1. That Section 31-21 of the City's Land Development Regulations
are hereby amended so as to provide for clarification of definitions, as follows:
Sec. 31-21. Definitions.
Hotel shall mean a commercial establishment which provides temoorarv
overnight sleeping accommodations for the aeneral public. No more than three
(3) percent of the individual hotel units shall be occuoied for duration of
continuous stav not to exceed three (3) months. Principal access to all rental
rooms shall be through an inside lobby or office supervised by a person in
charge at all hours. Other tvoical hotel services must be orovided includina dailv
linen and maid service. and receiot and disbursement of kevs and mail by the
attendant at the desk in the lobby. for the occuoants of the hotel.
Section 2. That Section 31-145 of the City's Land Development Regulations is
hereby amended so as to amend minimum floor areas in the TC1 zoning district, as
follows:
Sec. 31-145. Town Center Zoning Districts...
(b) Town Center District (TC1). The following regulations shall apply to all TC1
Districts: ...
(3) Conditional Uses Permitted: The following uses may be established if first
approved as a conditional use:
a. Those uses permitted in the RMF3 District.
b. Those uses permitted in the 81 District.
c. Sale of alcoholic beverages for on-premises consumption except with
meals.
d. Uses that exceed the height limitations.
e. Floor areas that are less than the minimum floor areas reauired.
e.f. Aboveground storage tanks...
Section 3. 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
Ordinance No. 2002 -
Page 3
of the remaining sections, sentences, clauses, and phrases of this Ordinance but they
shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 4. Inclusion in the Code. It is the intention of the City Commission, and
it is hereby ordained that the provisions of this Ordinance shall become and 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.
Section 5. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Commissioner ,
who moved its adoption on first reading. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Mayor Jeffrey M. Perlow
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 Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Mayor Jeffrey M. Perlow
Ordinance No. 2002 -
Page 4
PASSED on first reading this 2nd day of April, 2002.
PASSED AND ADOPTED on second reading this 7th day of May, 2002.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Ordinance was filed in the Office of the City Clerk this _ day of
,2002.
CITY CLERK
:1::I.,::.a...::I.
.~-r...~ _~~.~m
:I:::II:I".lr,'_~_:"'.I:::II_ ;:,. .Y..I;I_ :.o:.'1C1=-
lila'r-27-02 06:09P
P.Ol
exPERIENCE AND QUAllFICA110NS
SCOTT W. BRUSH, ISHC
Education
1P 'PFAI
r~;eA/44/l)E z..
burham Unive"5i~,,"i,,p"'rham, England
Master of Sciencltln Management Studies,
Dec'em~r1975
.:,"."':.
Cornell University - Ithaca, New York
Bachelor of Science in Hotel Administration,
June 1970
Professional History
aauSH a eOMPA~ 1993 to Present
Established aM/51>! a eOMPA~ to provide professional advisory services to the hospitality
industry in a more personalized manner and with more principal involvement than is possible
when part of a much larger organization. Affiliated with both the InternotiDlID1 Society
Df HDspitality Consultants and Cayugo Hospitality Advisors which provides substantial
back-up when appropriate and ongoing resources as needed.
Nova-Southeastern University 1989 to 1995
Adjunct professor (part-time) in the International Centre for Tourism and Hospitality
Management, a program aimed at the working professional already in the industry. Initially
instructed introductory courses in accounting. From 1991 developed the four course
accounting sequence and instructed the upper level courses: Managerial Accounting and
Financial Management.
PKF Consulting 1992 to 1993
One of ten founding directors of this full-service consulting firm which was formed by the
purchase and incorporation of the Management Advisory Services division of Pannell Kerr
Forster, CPA's. Headed the Miami regional office which had responsibility for consulting
and appraisal services throughout Florida, the Caribbean and Latin America.
PaMell Kerr Forster 1978 to 1992
Joined Harris, Kerr. Forster & Company as a consultant in April 197B. Elected Senior
Principal at Pannell Kerr Forster in June 1985 and selected to head the Miami Management
Advisory Services (MAS) division in January 1989. Assignments have included general
consulting on land purchase, management and franchise contracts, reorganization, layout
and design as well as the more traditional market studies, operational reviews and
appraisals and almost every other aspect of the hotel and resort industry.
J>'8.
. BRUSH & COMPANY
RECEIVED: 3/27/02 6:21PMj ->BERCQW & RADELL~ FAj #286j PAGE 2
~~r-27-02 06:10P
P.02
EXPERIENCE AND QUALIFICATIONS -- SCOTT W. BRUSH, ISHC (CONTINUED)
Ramada Inns, Inc. 1976 to 1978
General Manager of the San Francisco International Airport location, supervised a complete
renovation of the full service hotel while maintaining an BO'}'. occupancy and surpassing the
profit budget. Transferred to the Ramada Colorado Springs.
Navy Resale System 1976
After the completion of the Master's program at Durham University in England, accepted
a temporary position as Assistant Food and Beverage Manager at the NAS Alameda
complex. Primarily responsible for the implementation of new training programs and food
service concepts at this multi-location base.
Navy Resale System Office 1972 to 1974
Held the position of "specialist" in the Personalized Services Branch of this non-
appropriated fund government organization. Responsible for all phases of development and
operation of a chain of 44 limited service hotels. Supervised the renovation of two
properties in Japan and set up labor contracts for their operation. Also responsible for the
compilation of an initial manual of operating procedures for the Navy Lodges.
Ramada Inns, Inc. 1970 to 1972
After a short training period, became relief general manager for managers on vacation or
terminated at seven properties. Assisted in the pre-opening personnel selection, training
and opening of full service hotels in five locations.
Memberships/ Activities/Publications
Articles: Developing a Hotel Business Plan: A How- To-Manual; Cornell Hotel
& Restaurant Administration Quarterly. June 1993
Asset Managers Playing New Role in Hotels: South Florida Business
Journal- February, 1994
Lies Damned Ues . . . . . . and Statistics: Guest Editorial; Cornell
Hot~1 & Restaurant Administration Quarterly, February 1994
The Caribbean Market; Hotel & Resort Industry. June 1987
Rethinking Your Business Plan; Hotel & Resort Industry, July 1994
Hotel Owners & Developers Find Money is Plentiful: Hospitality
Highlights, Third Quarter 1997
Renovation, Refurbishment or Redevelopment: Is the Difference
More than Semantics?: Lodging Hospitality. April 199B
International Society of Hospitality Consultants - membership number 047
Cayuga Hospitality Advisors - Assistant Regional Director, Florida
Cornell Hotel society - nationol organization and South Florida chapter
Academy of Travel and Tourism - Advisory Committee Treasurer - 1991 to 1999
Society of Nova Hospitality PrOfeSSionals - Associate Lifetime Member
Scott W. Brush. ISHC
~
. BRUSH & COMPANY
RECEIVED: 3/19/02 4:23PM; ->8ERCOW & AADELL~ PAj #29; PAGE 2
J:1ar 1'9 02 03: 47p
p.2
The proposed amendments are consistent with the goals and objectives of the
Comprehensive Plan.
3. The proposed amendment is consistent with the authority and purpose of the LOR.
The proposed amendments are consistent with the authority and purpose of the Land
Development Regulations.
4. The proposed amendment furthers the orderly development of the City.
The proposed amendments further the orderly development of the City.
5. The proposed amendment improves the administration or execution of the
development process.
The proposed amendments improve the administration or execution of the
development process in that it clarifies language and definitions.
1. Sec. 31-21. Definitions. (see Exhibit #1)
D~4~,.
DescriptionlBackground of Proposed Amendments':
Hotel shall mean a commercial establishment which provides temporarv overnight
sleeping a=mmodations for the Qeneral public. No more than three (3) percent of
the individual hotel units shall be occupied for duration of continuous stay not to
exceed three (3) months. Principal access to all rental rooms shall be through an
inside lobby or office supervised by a person in charge at all hours. Other tvpical
hotel services must be orovided includinQ daily linen and maid service. and receiot
and disbursement of keys and mail bv the attendant at the desk in the lobbv. for the
occupants of the hotel.
The proposed amendment is required to provide clarification of definitions
within the City's Land Development Regulations.
2. Sec. 31-145. Town Center Zoning Districts. (see Exhibit #2)
(b) Town Center District (TC1). The following regulations shall apply to all TC1
Districts: ...
1 Underlined provisions constitute proposed additions 10 existing text; 6lRGkeA t~rowg~ provisions indicate
proposed deletions from existing lext.
2
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MeMO~f:lDUM
BY: evelopment Dir
TO: City Commission
FROM: Eric M. Soroka, Cit}\
DATE: March 19, 2002
SUBJECT: Small scale amendment to the City's Comprehensive Plan to change the
land use designation of the City's Community Recreation Facility site located
at 3375 NE 188 Street from Business and Office to Parks and Recreation.
(02-CPA-02 - Small Scale Amendment)
April 2, 2002 Local Planning Agency Agenda Item J..jc..
April 2, 2002 City Commission Meeting Agenda Item ~ ( ./0
May 7. 2002 City Commission Meeting Agenda Item
RECOMM~NpATION
It is recommended that the City Commission: 1) approve the small scale Comprehensive
Plan amendment to change the land use designation of the City's Community Recreation
Facility site located at 3375 NE 188 Street from Business and Office to Parks and
Recreation; and 2) approve the transmittal of the amendment to the Florida Department of
Community Affairs.
IJjI; RI;QVEST
City staff is requesting a small scale Comprehensive Plan amendment to change the land
use designation of the City's Community Recreation Facility site located at 3375 NE 188
Street from Business and Office to Parks and Recreation.
BACKGROUtfQ
OWNER OF PROPERTY
NAME OF APPLICANT
LOCATION OF PROPERTY
City of Aventura
City of Aventura
3375 NE 188 Street
(See Exhibit #1 for location map and Exhibit #2
for aerial photo)
SIZE OF PROPERTY
Approximately 2.8 acres for the Huber Tract (including 0.6
acres submerged lands in the canal to the north) and
approximately 0.6 acres of submerged land that was filled
by the state to the east of Tract A.
D~SCRIPT10N
State regulations require that the local government's Future Land Use map depict
recreational land uses. These recreation land uses are depicted on other maps and charts
in the City's Comprehensive Plan. More specifically, the Huber Tract is depicted as a
facility on Table 3-1 of the Existing and Proposed Recreation and Open Space Areas
(Public and Private) and as a Proposed Public Park Site on Map 3-1. This amendment
proposes to make the Future Land Use map designation consistent with the proposed use
of the property.
ANAL YS1~
Future Land Use Designation
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Zoning
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
existing Land Use
Subject property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Business and Office
Medium-High Density Residential
Medium-High Density Residential
Water
Business and Office
CF, Community Facilities District
RMF4, Multi-Family High Density Residential District
OP, Office Park District
CNS, Conservation District
CF, Community Facilities District
vacant lot - proposed Community Recreation Facility
vacant and residential
vacant lot
water (Dumfoundling Bay)
presently marine industry - proposed Aventura
Elementary Charter School
Background _ The Huber Tract was originally designated Industrial and Office land use
and zoned IU-1 and IU-2 to allow for heavy industrial uses under the Miami-Dade County
Code. The City purchased this property in December 1998 for $2.4 million for publiC use
purposes.
After much discussion, the City Commission approved the development of a Community
Recreation Facility on the Huber Tract. The site also provides access to the waterfront
with pedestrian plazas, open space vistas and passive areas. The site is presently being
cleared with anticipated opening of the facility in December 2002.
2
Access - Access to this parcel is from NE 188 Street, a public right-of-way.
Conformity to City Comprehensive Plan - This amendment proposes to make the
Future Land Use map designation consistent with the proposed use of the property. More
specifically:
Future Land Use Element
Objective 5 - Aventura shall, by the year 2005, reduce the number of land uses
inconsistent with the uses designated on the LUP map or with the character of the
surrounding community.
The proposed amendment wilt provide a Parks and Recreation land use
designation that is consistent with the zoning and the proposed use of the
property.
Objective 9 - Aventura shall continue to maintain, update and enhance the municipal
code, administrative regulations and procedures, to ensure that future land use and
development is consistent with the Plan, and to promote better planned development and
communities with well designed buildings.
The proposed amendment will provide a Parks and Recreation land use
designation that is consistent with the zoning and the proposed use of the
property.
Policy 9.1 - Aventura shall continue to maintain, and enhance as necessary, regulations
consistent with the Plan which govem the use and development of land and which, as a
minimum, regulate:
1. Land use consistent with the Land Use Element and Level of Service standards;
2. Subdivision of land;
3. Areas subject to seasonal or periodic flooding;
4. Stormwater management;
5. Protection of environmentally sensitive lands;
6. Signage; and
7. On-site traffic flow and parking to ensure safety and convenience and that no
avoidable off-site traffic flow impediments are caused by development.
The proposed amendment provides for compliance with item #1 above, by
providing a Parks and Recreation land use designation that is consistent with the
zoning and the proposed use of the property.
Istaff reportsI02-CPA..02 camp plan seD comm rac lac
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Source: City of Aventura, 1997.
Miami-Dade County Park and Recreation Department
Planning and Research Division, August 1997
Public and Private ~'TH 1
Recreation/Open Space Sites ~ey.1~~rri~OO:
63t s. Oriando Ave. Slito 200 Wnter Part. R 32789
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LEGEND
Private Recreational:
. Private Sites
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* Aventura Found...
Park
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EXHIBIT #1
6.
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EXHIBIT #2
ORDINANCE NO. 2002 .
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE COMPREHENSIVE MASTER PLAN OF
THE CITY OF AVENTURA BY AMENDING THE FUTURE
LAND USE MAP DESIGNATION FOR THE CITY'S
COMMUNITY RECREATION FACILITY SITE LOCATED AT
3375 NE 188 STREET FROM BUSINESS AND OFFICE TO
PARKS AND RECREATION; PROVIDING FOR
TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY
AFFAIRS; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Department of Community Affairs of the State of Florida found in
compliance the City of Aventura Comprehensive Plan (the "Plan") in February 1999; and
WHEREAS, the Future Land Use Map of the Comprehensive Plan designated the
subject property Business and Office; and
WHEREAS, City staff is requesting a small-scale Comprehensive Plan
amendment, through Application No. 02-CPA-02, to change the land use designation of
the City's Community Recreation Facility site located at 3375 NE 188 Street totaling
approximately 2.8 acres for the Huber Tract (including 0.6 acres submerged lands in
the canal to the north) and approximately 0.6 acres of submerged land that was filled by
the state to the east of Tract A, from Business and Office to Parks and Recreation; and
WHEREAS, the City Commission believes it is in the best interest of the public to
amend the future land use map designation on the subject property from Business and
Office to Parks and Recreation; and
WHEREAS, the Plan amendment will not result in impacts on any infrastructure
system that will exceed established level of service standards and is otherwise
consistent with the goals, objectives and policies of the Plan to the extent the
application is granted herein; and
Ordinance No. 2002-_
Page 2
WHEREAS, the Local Planning Agency has reviewed the application pursuant to
the required public hearing and has recommended approval to the City Commission;
and
WHEREAS, the City Commission believes the amendment will maintain the
unique aesthetic character of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOllOWS:
Section 1. Purpose. This Ordinance is intended to preserve the unique
aesthetic character of the City and ensure that adjacent land uses are compatible. It is
further intended to protect property values, create a better business climate, enhance
the physical appearance of the community and preserve the natural beauty of the City.
Section 2. Amendment of Future land Use Map Desianation. The future
land use map designation of the City's Community Recreation Facility located at 3375
NE 188 Street (Folio Number 28-2203-047-0010) (see Exhibit "A" for property location)
is hereby changed from Business and Office to Parks and Recreation.
Section 3. 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.
Ordinance No. 2002-_
Page 3
Section 4. Inclusion in the Comprehensive Plan. 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 Comprehensive Plan of the City of Aventura and that the
Future Land Use Map of the Comprehensive Plan may be revised so as to accomplish
such intentions.
Section 5. Transmittal. The City Clerk is directed to transmit the amendment
to the State of Florida Department of Community Affairs.
Section 6. Effective Date. This Ordinance shall be effective pursuant to
Chapter 163 of the Florida Statutes.
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 Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Mayor Jeffrey M. Perlow
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 Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Mayor Jeffrey M. Perlow
Ordinance No. 2002-_
Page 4
PASSED on first reading this 2nd day of April, 2002.
PASSED AND ADOPTED on second reading this 7th day of May, 2002.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Ordinance was filed in the Office of the City Clerk this _ day of
,2002.
CITY CLERK
EXHIBIT "A"
etht :tltiami mtrat~ __
Published Dailv
MIAMI, FLORIDA
STATE OF FLORIDA
COUNTY OF DADE
Before the undersigned authority personally appeared:
FRANK TOMASINO
Who on oath that he is
ADVERTISING OFFICE MANAGER
Of the Miami Herald Publishing Company, a daily newspaper at Miami in Dade
county, Florida; that the advertisement for City Of Aventura was published in said
newspaper in the issue of : Miami Herald, local section, Friday, March 22, 2002.
Affiant further says that the said Miami Herald is a newspaper published at Miami,
in the said Dade County, Florida, and that the said newspaper has heretofore been
continuously published in said Dade, County, Florida, each day and has been
entered as second class mail matter at the post office in Miami, in said Dade
County, Florida, for a period of one year next preceding the first publication of
the attached copy of advertisement.
/;J::
. . - rr;;th
.;l~ ~---8-. ~
FRANK TOMASINO
Sworn to and subscribed before me
1
This O?_S day of -JlAJo<''/
A.D. 2001
',1 'd
"/",:> I "1
C/" L4tL -//. _c,~'_""_~_-
Lisa Ann Hernandez
..",~~v~!P~ LIsa Arm lIerlUUldez
., &::.< ~-;.
:: "" ~Col1Jl11isslon # DD 000617
i~ tE K\pil'GS Feh. 11,2OM
~: o~,,\\ :$ '. . Bonded Thru
~"ll~'\'\\'" ,\tlrmtic Bonding Co., Ine.
3613 N.E. 163rd Street, North Miami Beach, FL 33162
)KNIGHTRIDDER)
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CITY OF AVENTURA
NOTICE OF HEARING OF LOCAL
PLANNING AGENCY
AND NOTICE OF AMENDMENTS TO
COMPREHENSIVE PLAN AND
NOTICE OF AMENDMENTS TO LAND
DEVELOPMENT REGULATIONS
Public Notice is hereby given that the City of Aventura Local
Planning Agency will meet in a public hearing on Tuesday,
April 2, 2002 at 6:00 pm to make recommendation regarding
the adoption of the following Ordinances:
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, AMENDING THE COMPREHENSIVE
MASTER PLAN OF THE CITY OF AVENTURA BY
AMENDING THE FUTURE LAND USE MAP
DESIGNATION FOR FOUNDERS PARK LOCATED
AT 3105 AND 3200 NE 190 STREET FROM TOWN
CENTER TO PARKS AND RECREATION;
,PROVIDING FOR TRANSMITTAL TO THE
DEPARTMENT OF COMMUNITY AFFAIRS;
PROVIDING FOR AN EFFECTIVE DATE.
/(
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AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, AMENDING SECTION 31-21 OF THE
CITY'S LAND DEVELOPMENT REGULATIONS TO
AMEND DEFINITIONS; AMENDING SECTION 31-
145 OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO AMEND REGULATIONS
REGARDING MINIMUM FLOOR AREAS IN THE TC1
ZONING DISTRICT; PROVIDING FOR
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, AMENDING THE COMPREHENSIVE
MASTER PLAN OF THE CITY OF AVENTURA BY
AMENDING THE FUTURE LAND USE MAP
DESIGNATION FOR THE CITY'S COMMUNITY
RECREATION FACILITY SITE LOCATED AT 3375 NE
188 STREET FROM BUSINESS AND OFFICE TO
PARKS AND RECREATION; PROVIDING FOR
TRANSMITTAL TO THE DEPARTMENT OF
COMMUNITY AFFAIRS; PROVIDING FOR AN
EFFECTIVE DATE.
Immediately following the Local Planning Agency meeting, the
City Commission of the City of Aventura, as the governing
body, will consider at a public hearing adoption of the
Ordinances.
The Public Hearing will be held at City of Aventura
Government Center, 19200 West Country Club Drive,
Aventura, Florida, 33180. The proposed Ordinances may be
inspected by the public at the Office of the City Clerk, 19200
West Country Club Drive, Aventura, Florida. Interested
parties may appear at the Public Hearing and be heard with
respect to the proposed Ordinances.
In accordance with the Americans with Disabilities Act of .
1990, all persons who are disabled and who need special
accommodations to participate in this proceeding because of
that disability should contact the Office of the City Clerk, (305)
466-8901, not later than two business days prior to such
proceedings.
If a person decides to appeal any decision made by the City
Commission, as Local Planning Agency, or as the governing
body, with respect to any matter considered at a meeting or
hearing, that person 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.
Teresa M. Soroka, CMC, City Clerk
j