05-07-2002Av ntC tv
Jeffrey M. Perlow, Mayor
Arthur Berger
,]ay R. Beskin
Ken Cohen
Manny Grossman
Harry Holzberg
Patricia Rogers-Libert
Ci .ly
Eric M. Soroka
City Cgerf
Teresa M. Soroka, CMC
W¢isa Serota H¢lfman
Pastoriza & Guedes
LOCAL PLANNING AGENCY
AGENDA
MAY 7, 2002 - 6 PM
9200 West Country Club Drive
Aventura, Florida 33180
CALL TO ORDERLROLL CALL
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF MINUTES: April 2, 2002 LPA Hearing
PUBLIC HEARING: MOTION RECOMMENDING ADOPTION OF THE
FOLLOWING ORDINANCES:
Ao
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING SECTION 31-21 OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO AMEND THE DEFINITION OF "HOTEL";
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE; PROVIDING FOR AN EFFECTIVE DATE..
Bo
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING SECTION 31-21 OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO AMEND THE DEFINITION OF "BUILDING";
AMENDING SECTION 31-75 OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO AMEND TEMPORARY USES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR AN EFFECTIVE DATE.
ADJOURNMENT.
This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are
disabled and who need special accommodations to participate in this meeting because of that disability should contact the
Office of the City Clerk, 305-466-8901, not later than two days prior to such proceeding. Anyone wishing to appeal any
decision made by the City of Aventura Local Planning Agency with respect to any matter considered at such meeting or
hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Agenda items
may be viewed at the Office of the City Clerk, City of Aventura Government Center, 19200 West Country Club Drive,
Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466-8901.
One or more members of the City of Aventura Advisory Boards may also be in attendance.
MINUTES
LOCAL PLANNING AGENCY
MEETING
APRIL 2, 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 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. Commissioner Arthur Berger was absent due to illness. As a quorum was
determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: Ray Leightman led the pledge of allegiance.
3. APPROVAL OF MINUTES: A motion to approve the minutes of the February 5,
2002 LPA Hearing was offered by Vice Mayor Rogers-Libert, seconded by
Commissioner Holzberg 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 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.
A motion to recommend adoption of the ordinance was offered by Commissioner
Holzberg and seconded by Vice Mayor Rogers-Libert. Brenda Kelley,
Community Development Director, addressed the Commission. Mayor Perlow
opened the public headng. There being no speakers, the public hearing was
closed. The motion for approval passed unanimously (6-0).
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-
145 OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO
AMEND REGULATIONS REGARDING MINIMUM FLOOR AREAS IN
THE TCI ZONING DISTRICT; PROVIDING
PROVIDING FOR INCLUSION IN THE CODE;
EFFECTIVE DATE.
FOR SEVERABILITY;
PROVIDING FOR AN
A motion to recommend adoption of the ordinance was offered by Commissioner
Grossman and seconded by Commissioner Cohen. Ms. Kelley addressed the
Commission. Mayor Perlow opened the public hearing. The following individuals
addressed the Commission: Edc Albin, Waterways; George Berlin, 1940 NE
194th Drive, North Miami Beach; Mark Rothenberg, Esq., 200 South Biscayne
Boulevard; Scoff W. Brush, Brush & Company, 16410 SW 77th Court, Miami.
There being no further speakers, the public hearing was closed. Mayor Perlow
requested that the definition of hotel be clarified to read "which exceeds 3
months." A motion was offered by Commissioner Beskin, seconded by Vice
Mayor Rogers-Libert and unanimously passed to defer action regarding Section
2 of the Resolution to the May 7, 2002 meeting. A motion to defer this item to the
April 30, 2002 Workshop Meeting for further discussion and the May 7, 2002 LPA
Hearing was offered by Commissioner Cohen, seconded by Vice Mayor Rogers-
Libert and unanimously passed.
C. Mr. Wolpin read the following ordinance by title:
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.
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. The following individual
addressed the Commission: Mr. Albin. There being no further speakers, the
public hearing was closed. The motion for approval passed unanimously (6-0).
ADJOURNMENT. There being no further business to come before the Local
Planning Agency, the meeting adjourned at 6:30 p.m.
Approved by the LPA on
Teresa M. Soroka, CMC, City Clerk
2
CITY OF AVENTURA
TO:
FROM:
BY:
DATE:
SUBJECT:
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
City Commission ~_/
Eric M. Soroka, Ci~~ /,~
Joanne Carr, Senib~ ·
April 30, 2002
Amendment to Section 31-21 to amend the definition of "hotel" in the City's
Land Development Regulations.
(02-LDR-02)
May 7, 2002 Local Planning Agency Agenda Item
May 7, 2002 City Commission Meeting Agenda Item __
June 4, 2002 City Commission Meeting Agenda Item __
RECOMMENDATION
It is recommended that the City Commission approve the amendment to the definition of
"hotel" in the City's Land Development Regulations. The ordinance reflects the City
Commission's concerns expressed at the April workshop meeting. A second ordinance to
be presented at the Commission meeting in June will address the designation of an
extended stay hotel as a conditional use.
THE REQUEST
City staff is requesting an amendment to Section 31-21 of the City's Land Development
Regulations to change the definition of "hotel".
ANALYSIS
Standards for reviewing proposed amendments to the text of the LDR:
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 LDR.
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. Sec. 31-21. Definitions. (see Exhibit #1)
Hotel shall mean a commercial establishment which provides temporary overnight
sleeping accommodations for the .qeneral public. No more than five (5) percent of
the individual hotel units shall be occupied for more than one hundred and eiqhty
(180) continuous days by the same occupant of the unit. Principal access to all
rental rooms shall be through an inside lobby or office supervised by a person in
charge at all hours. Other typical hotel services must be provided includin.q daily
linen and maid service, and receipt and disbursement of keys and mail by the
attendant at the desk in the lobby, for the occupants of the hotel. No hotel facility
shall be converted to or used as apartments or condominiums.
The proposed amendment is required to provide clarification of the definition
of hotel within the City's Land Development Regulations.
~ Underlined provisions constitute proposed additions to existing text; stric=Aer~threugh provisions indicate
proposed deletions from existing text.
LAND DEVELOPMENT REGULATIONS § 31-21
Hor~ occul~ion shall mean a business or occupation conducted for limited business
activities in a residential district.
Hospital sh~]l 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.
Holel sbo!! mean a commercial establishment which provides over~s~eeping accommo-
dations for the public. Principal access to all rental rooms shall be t~ro,,t~ inside lobby or
office supervised by a person in charge at all hours. L~'/
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 lsnd; 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 (LPA) 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 ES. § 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. Alot
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 of land 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. ~, CD31:17 EXHIBIT #1
ORDINANCE NO. 2002-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING SECTION 31-21 OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO AMEND THE
DEFINITION OF "HOTEL"; 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, THAT:
Section 1. That Section 31-21 of the City's Land Development Regulations
are her'~y ~"me~ded so as to provide for clarification of definitions, as follows1:
Sec. 31-21. Definitions.
Hotel shall mean a commercial establishment which provides temporary
overnight sleeping accommodations for the .qeneral pub c No more than five
percent of the individual hotel units shall be occupied for more than one hundred
and eiqhty (180) continuous days by the same occupant of the unit. Principal
access to all rental rooms shall be through an inside lobby or office supervised
by a person in charge at all hours. Other typical hotel services must be provided
includin.q daily linen and maid service, and receipt and disbursement of keys and
mail by the attendant at the desk in the lobby, for the occupants of the hotel. No
hotel facility shall be converted to or used as apartments or condominiums.
~ Underlined provisions constitute proposed additions to existing text;v,,"*'~"~'--,v..v., *~',, .. ..... v.~,~', provisions indicate
proposed deletions from existing text.
O~inance No. 2002-
Page 2
Section 3. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining sections, sentences, clauses, and phrases of this Ordinance but they
shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 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 Jay Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Jeffrey M. Pedow
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 Jay Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Jeffrey M. Perlow
O~inance No. 2002 -
Page 3
PASSED on first reading this 7th day of May, 2002.
PASSED AND ADOPTED on second reading this 4th day of June, 2002.
ATTEST:
JEFFREY M. PERLOW, MAYOR
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 June, 2002.
CITY CLERK
CITY OF AVENTURA
TO:
FROM:
BY:
DATE:
SUBJECT:
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
City Commission ~'~A/
Eric M. Soroka, City ~n,,a~,~ .
Joanne Carr, Senior PlannOr,,,.."~
April 30, 2002
Amendment to Section 31-21 to amend the definition of "building" and
amendment to Section 31-75 of the City's Land Development Regulations to
allow for additional temporary uses.
(03-LDR-02)
May 7, 2002 Local Planning Agency Agenda Item
May 7, 2002 City Commission Meeting Agenda Item __
June 4, 2002 City Commission Meeting Agenda Item __
RECOMMENDATION
It is recommended that the City Commission:
1. Approve the amendment to Section 31-21 of the City's Land Development Regulations
to amend the definition of "building", and,
2. Approve the amendment to Section 31-75 of the City's Land Development Regulations
to allow for additional temporary uses.
The ordinance has been revised to address the concerns of the City Commission
expressed at the April workshop meeting.
THE REQUEST
City staff is requesting an amendment to Section 31-21 of the City's Land Development
Regulations to change the definition of "building" and an amendment to Section 31-75 of
the City's Land Development Regulations to allow for additional temporary uses.
ANALYSIS
Standards for reviewing proposed amendments to the text of the LDR:
1. The proposed amendment is legally required.
The proposed amendment improves the administration or execution of the
development process in that it provides for clarification of and allows for additional
temporary uses.
2, The proposed amendment is consistent with the goals and objectives of the
Comprehensive Plan.
The proposed amendment is consistent with the goals and objectives of the
Comprehensive Plan.
3. The proposed amendment is consistent with the authority and purpose of the LDR.
The proposed amendment is consistent with the authority and purpose of the Land
Development Regulations.
4. The proposed amendment furthers the ordedy development of the City.
The proposed amendment furthers the orderly development of the City.
5. The proposed amendment improves the administration or execution of the
development process.
The proposed amendment improves the administration or execution of the
development process in that it provides for clarification of and allows for additional
temporary uses.
Description/Background of Proposed Amendments~:
1. Sec. 31-21. Definitions. (see Exhibit #1)
Building shall mean any structure, either temporary or permanent, having a roof,
and used or built for the shelter or enclosure of persons, animals, personal property
or property of any kind. This definition shall include tents, awnings or vehicles
situated on private property and serving in any way the function of a building but
shall not permit the use of temporary structures except as provided in Section 31-
75 of this chapter.
~ Underlined provisions constitute proposed additions to existing text; ~ provisions indicate
proposed deletions from existing text.
The proposed amendment is required to provide clarification of definitions
within the City's Land Development Regulations.
Sec. 31-75. Temporary uses.
(b) Review and approval...
(see Exhibit #2)
(11) Modular trailers or portables for the purpose of temporary facility(ies) only for
public or private educational purposes for student classrooms and administrative
space, for a development proiect with final site plan approval. The temporary
facility(ies) shall be located on and limited to the property which is the subject of the
final site plan approval. The maximum time limit shall be eighteen (18) months
from the date of final site plan approval and shall be subiect to the provisions of
subsection (d) of this section. A removal bond in the amount of $5,000 for each
structure, in a form approved by the City Attorney, shall be required from the
applicant prior to issuance of a permit for the temporary facility(ies).
The proposed amendment is required to permit temporary modulars or
portables for public or private educational purposes for student classrooms
and administrative space on a property following final site plan approval.
The temporary facility is permitted for a maximum of eighteen (18) months
from the date of final site plan approval and a removal bond of $5,000 per
structure is required from the applicant.
~ Underlined provisions constitute proposed additions to existing text; st~i~ken-threuejh provisions indicate
proposed deletions from existing text.
/staff repor[s/03-LDR-02 amend LDR misc rev 040702
LAND DEVELOPMENT REGULATIONS § 31-21
Bars, lounges and nightclubs shall mean a commercial establishment whose primary
business is the sale of alcoholic beverages for consumption on premi.~ and where under 50
percent ofgress receipts are related to food service. Bottle clubs as defined by Florida Statutes
shall also be included.
Base flood shall mean the flood havin4~ a one percent chance of being equaled or exceeded in
any given year.
Bottle clubs. See Bars, lounges and nightclubs.
Bufferyard shall mean an area of landscaping and open space around the perimeter of a
development parcel, or an area adjacent to a parking lot which is used to screen differing land
uses from each other. In some instances bufferyards may also be used to satisfy minimtml yard
requirements.
Building shall mean any structure, either temporary or permanent, having a roof, and used
or built for the shelter or enclosure of persons, Ani-~als, personal property or property of any
kind. This definition shall include tents, awnln~s or vehicles situated on private property and
serving in any way the function of a building.
Building code shall mean the South Florida Building Code, Miami-Dade County edition, as
amended.
Canal shall mean a body of water having a width of 100 feet or less for linear areas in excess
of 200 feet in length and used principally for the conveyance of water.
Canopy. See Awning.
Capacity shall mean the capability of a facility to serve the needs of a user such as the
number of vehicles a road can safely ~nd sufficiently carry.
Capital improvements shall mean the planning of, engineering for, acquisition of land or
equipment, and the construction of improvements and facilities with a useful life of at least
three years, but does not include routine maintenance.
Carport shall mean a structure intended for vehicle storage not completely enclosed by
walls.
Child or adult care center shall mean an enterprise involving the care of five or more
children and/or senior adults at one and the same time, either by day or night, which children
and/or senior adults are not foster children or related by blood or marriage to the operator.
Adult care centers shall not include those uses meeting the definition of assisted living
facilities or nursing home.
Church. See religious facility.
City Manager shall mean the chief executive officer of the City as defined by the City Cede
who shall have such duties as are legally prescribed:
Commercial recreation shall mean a business, or zoning district whose primary purpose is
recreational activities. Commercial recreation provides for major public and private commer-
Supp. lqo. 4 CD31lll EXHIBIT #1
LAND DEVELOPMENT REGULATIONS § 31-75
provided the ~Omm,~li~ Development Director finds that such new use is not more
objectionable than the enumerated uses in such district, is slmil*~ thereto and will be
compatible therewith. No use that is enumerated in any B or M District will be permitted in
a more restrictive district.
(Ord. No. 99-09, § l(Exh. A, § 504), 7-13-99)
Sec. 51-'/5. Temporary uses.
(a) Permit required. No temporary use or structure which is not otherwise treated as a
permitted use or conditional use in a particular zoning district and which is not otherwise
prohibited shAl! be conducted or erected without a temporary use or structure permit. This
section ~h~]l not override, and shall not substitute for, any other section of the LDR which
requires another type of permit, certificate, or approval.
Co) Review and approval. An application for temporary use shall be submitted and reviewed
in conformance with the procedures of general applicability. Notice and public hearing
requirements shall not apply to temporary use or structure permits. The payment of an
application fee, established by the City Commi~/on, shall be included with the application for
a temporary use permit. Applications for a temporary use or structure permit shall be reviewed
and approved by the City Manager or his designee, who may impose reasonable conditions
upon the temporary use or structure permit.
The establh~hment of the following uses shall require a temporary use,\structure permit or
special events permit issued by the City. ~
(1) Construction office trailers for a development project with final site pl,an approvE.
(2) Construction materials storage, processing and fabrication for a development project
with site plan approval.
(3) Construct/on equipment storage for a development project with site plan approval.
(4) Temporary sales offices and model homes established for the express purpo~ of
marketing a real estate development project with the site plan approval. The offices
and model homes shall be located on and limH~d tO the property which is being
marketed for sales.
(5) Attended medular trailers for tbe purpese of collectlnE, storing or distrlbutlng gcods on
private property. Unattended facilities are prohibited in any zoning district.
(6) Garage sales.
(7) Seasonal sales lots offering Christmas trees, pumpkin~, flowers and the like; however,
no temporary permit shall be issued for sales within public righte-of-way, and
fireworks sales shall be subject to Fire Department approval.
(8) Sidewalk or parking lot sales by City licensed businesses.
(9) Non-City sponsored fireworks displays and shows.
(10) Carnivals, fairs, concerts, circuses or similar events.
§ 31-75 AVENTU1L~ CODE
(c) Maximum time limit. A maximum time limit $hal] b~ established for all temporary uses
based on the minimum ~moullt of time needed to coaduct the permitted activity. Temporary
uses and structures related to real estate development projects shall not be msj~t~ined longer
than the time necessary to complete the construction of the project (issuance of the final
certificate of occup~lcy).
(d) Revocation of permits. Any temporary use which becomes a nuisance, violates the
conditions of the permit or is in violation of the LDR shall be revoked by the City Manager. Any
temporary use which endangers the public health or safety shall be revoked immediately by
the City MAnAger.
(e) :Exemptions. No permit for temporary use or structure will be required when such use or
structure is part of a construction project by or for the City.
(f) General criteri~ and limitations for temporary use permits.
(1) The temporary use must be compatible with the surrounding land uses;
(2) A parking problem must not be created. If off-site parking is to be utilized, permission
must be in writing from the owner of the property utilized.
(3) An applicant may not receive a temporary use permit on the same property more than
three times within a calendar year, unless approved by the City Manager or his
designee.
(4) The temporary use must not endanger the public health or safety of the citizens or
businesses of the City of Aventura.
(Ord. No. 99-09, § l(Exh. A, § 505), 7-13-99)
Sec. 31-76. Variances.
(a) Purpose and scope. The variance process is intended to provide limited relief from the
requirements of the LDR in those cases where strict application of those requirements will
create.a practical d~fficulty or unnecessary hardship, as distinguished from a mere inconve-
nienee~ prohibi~o~ the use of land in a rn~nner otherwise allowed under the LDR~' Variances
shall not be granted to allow the establishment of a use or density which is not otherwise
allowed in a zoning district or which would change the zoning district classi/~.cation of any or
all of the affected property.
(b) Application requirements. An application for a variance shall be filed by the owner of the
property upon which the variance is requested or their designated representative. The
application shall be on a form provided by the Comm~lnity Development Director and shall
include an application fee as established by the City Commission.
(c) Staff review. The Community Development Department shall review the application to
evaluate whether the proposed variance complies with the general purpose and standards set
forth in this section for the granting of variances. The Community Development Director shall
Supp. No. 4 CD31:36
ORDINANCE NO. 2002-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING SECTION 31-21 OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO AMEND THE
DEFINITION OF "BUILDING"; AMENDING SECTION 31-
75 OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO AMEND TEMPORARY USES;
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, THAT':
~ Underlined provisions constitute proposed additions to existing text; stri6k~ provisions indicate
proposed deletions from existing text.
Ordinance No. 2002 -
Page 2
Section 1. Section 31-21 of the City's Land Development Regulations are
hereby amended so as to provide for amendment to the definition of "building", as
follows:
Sec. 31-21. Definitions...
Building shall mean any structure, either temporary or permanent, having a roof,
and used or built, for the shelter or enclosure of persons, animals, personal
property or property of any kind. This definition shall include tents, awnings or
vehicles situated on private property and serving in any way the function of a
building but shall not permit the use of temporary structures except as provided
in Section 31-75 of this Chapter.
Section 2. Section 31-75 of the City's Land Development Regulations are
hereby amended so as to provide for amendment to temporary uses, as follows~:
Sec. 31-75. Temporary uses.
(b) Review and approval...
(11) Modular trailers or portables for the purpose of temporary facility(ies) only
for public or private educational purposes for student classrooms and
administrative space, for a development proiect with final site plan approval. The
temporary facility(ies) shall be located on and limited to the property which is the
subject of the final site plan approval. The maximum time limit for use of the
temporary facility(ies) shall be eiqhteen (18) months from the date of final site
plan approval and shall be subject to the provisions of subsection (d) of this
section. A removal bond in the amount of $5,000 for each structure, in a form
approved by the City Attorney, shall be required from the applicant prior to
issuance of a permit for the temporary facility(ies).
Section 3. Severability. 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
O~inance No. 2002-
Page 3
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 Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
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 Jay R, Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Liber[
Vice Mayor Arthur Berger
Mayor Jeffrey M. Perlow
O~inance No. 2002 -
Page 4
PASSED on first reading this 7th day of May, 2002.
PASSED AND ADOPTED on second reading this 4th day of June, 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 June, 2002.
CITY CLERK
tte iami
Published Daily
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, April 26, 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.
FRANK TOMASINO
Sworn to and subscribed before me
This ~ .day of
A.D. 2001
3613 N.E. 163rd Street, North Miami Beach, FL 33162
CITY OF AVENTURA
NOTICE OF HEARING OF LOCAL PLANNING AGENCY
AND NOTICE OF AMENDMENT 0FTHE CITY'S LAND
DEVELOPMENT REGULATIONS
Public Notice is hereby given that the Aventura City
Commission, sitting as the City of Aventura Local Planning
Agency will meet in a public hearing 'on Tuesday, May 7,
2002 at 6:00pm to consider adoption of the following
Ordinance:
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, AMENDING SECTION 31-21 OF THE
CITY'S LAND DEVELOPMENT REGULATIONS TO
AMEND THE DEFINITION OF "BUILDING'.';
AMENDING SECTION 31-75 OF THE CITY'S.
LAND DEVELOPMENT REGULATIONS TQ
AMEND TEMPORARY USES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN
.THE CODE; PROVIDING FOR EFFECTIVE DATE.
Immediately following the Local Pan, ning Agei3cy meet ng,
the City Commission of the City of Aventura as 'the
governing body. will cons dei; at a public hearing adoption of
the above described Ordinance.
The above described Public Hearings will be held
commencing at 6:00pm on Tuesday, May 7, 2002, at City of
Aventura GoVernment Center, 19200 West Country Club
Drive, Aventura, Florida, 33180, The proposed Ordinance
may be inspected by the public at the Office of the City
Clerk, 19200 West Country Club Drive, Aventura, Florida
Interested pa,rties may appear at the Public Hearing land be
heard with respect to the proposed Ordinance.
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 recdrd includes
the testimony and evidence upon which the appeal is to be
based
Teresa ',,I. Soroka. OMC. City Clerk