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07-02-2002 The City of Aventura ,.. '>r.n(F"1I' Loc1Il phlnn;-qy ~ Jeffrey M. Perlow, Mayor Ciry M.n~r Eric M. Soroka Arthur Berger Jay R. Beskin Ken Cohen Manny Grossman Harry Holzberg Patricia Rogers-Libert Citv Ckrlc Teresa M. Soroka, CMC OtvAttomQ' Weiss Serota Helfman Pastoriza & Guedes LOCAL PLANNING AGENCY AGENDA JULY 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: May 7,2002 LPA Hearing 4. PUBLIC HEARING: MOTION RECOMMENDING ADOPTION OF THE FOLLOWING ORDINANCE: A. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING SECTION 31-21 "DEFINITIONS" OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO SPECIFY THE ENFORCEABILITY OF RESTRICTIONS, LIMITATIONS OR CONDITIONS INCLUDED IN ALL DEFINITIONS; AMENDING THE DEFINITION OF "HOTEL," AND CREATING RESTRICTIONS, LIMITATIONS OR CONDITIONS CONCERNING HOTELS; AMENDING DEFINITION OF "RESIDENCE OR RESIDENTIAL USE," CREATING DEFINITION FOR "MULTI-FAMILY RESIDENTIAL DWELLING;" PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR PENALTY; PROVIDING FOR AN EFFECTIVE DATE. B. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING PARAGRAPH (b) OF SECTION 31-145 "TOWN CENTER DISTRICT (TC1) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ADD CONDITIONAL USE REGULATIONS REGARDING MINIMUM FLOOR AREAS, July 2, 2002 LPA Meeting ALLOCATIONS OF INTERIOR SPACE, STRUCTURED PARKING REQUIREMENTS, DRIVEWAY STANDARDS AND OFF-STREET PARKING REQUIREMENTS IN THE TC1 ZONING DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. C. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING PARAGRAPH (k) "MODIFICATIONS TO RECORDED PLATS" OF SECTION 31-78 "SUBDIVISION PLAT APPROVAL" OF THE CITY'S LAND DEVELOPMENT REGULATIONS REGARDING SUBDIVISION REQUIREMENTS AND EXCEPTIONS BY PROVIDING FOR DECLARATIONS IN LIEU OF UNITY OF TITLE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. 5. ADJOURNMENT. This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, 305-466-8901, not later than two days prior to such proceeding. Anyone wishing to appeal any decision made by the City of Aventura Local Planning Agency with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record Indudes 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. 2 ~ . MINUTES LOCAL PLANNING AGENCY MEETING MAY 7,20026 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, Patricia Rogers-Libert, Vice Mayor Arthur Berger, 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: Margo Absher led the pledge of allegiance. 3. APPROVAL OF MINUTES: A motion to approve the minutes of the March 5, 2002 LPA Hearing was offered by Commissioner Rogers-Libert, seconded by Commissioner Cohen 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 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. A motion to recommend adoption of the ordinance was offered by Commissioner Rogers-Libert and seconded by Commissioner Grossman. Joanne Carr, Senior Planner, addressed the Commission. Mayor Perlow opened the public hearing. The following individual addressed the Commission: Ben Fernandez, Esq., 200 S. Biscayne Boulevard. There being no further speakers, the public hearing was closed. A motion to defer this matter to the June 2002 Workshop Meeting was offered by Commissioner Cohen, seconded by Commissioner Rogers-Libert and unanimously passed. 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 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. A motion to recommend adoption of the ordinance was offered by Commissioner Holzberg and seconded by Commissioner Cohen. Ms. Carr addressed the Commission. Mayor Perlow opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously. 5. ADJOURNMENT. There being no further business to come before the Local Planning Agency, the meeting adjourned at 6:30 p.m. Teresa M. Soroka, CMC, City Clerk Approved by the LPA on 2 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM FROM: Eric M. Soroka, City TO: City Commission BY: Joanne Carr, Senior DATE: June 17, 2002 SUBJECT: Amendment to Section 31-21 to amend definitions in the City's Land Development Regulations (02-LDR-02) July 2, 2002 Local Planning Agency Agenda Item J./I+ July 2, 2002 City Commission Meeting Agenda Item '1 B September 3, 2002 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission: 1. Approve an amendment to the preamble to Section 31-21 to further clarify the purpose of this section. 2. Approve an amendment to the definition of "hotef' in the City's Land Development Regulations. 3. Approve an amendment to include the definition of "multi-family residential dwelling" in the City's Land Development Regulations. 4. Approve an amendment to the definition of "residence or residential use" in the City's Land Development Regulations. The ordinance has been amended to reflect Commission's concerns expressed at the June 13, 2002 workshop meeting. THE REQUEST City staff is requesting amendments to Section 31-21 of the City's Land Development Regulations to clarify the purpose in the preamble to the section, to change the definition of "hoter, to change the definition of "residence or residential use" and to add the definition of "multi-family residential dwelling". ANALYSIS 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. DescriptionlBackground of Proposed Amendments 1: 1. Sec. 31-21. Definitions. (see Exhibit #1) [For the purposes of this chapter, the following words, terms and phrases shall have the meanings herein set out.] When these definitions include restrictions. conditions or limitations. such restrictions. conditions or limitations shall be subiect to enforcement upon the same basis as other provisions of these Land Development Requlations. 1 Underlined provisions constitute proposed additions to existing text; ~triGI{eR ttlreugh provisions indicate proposed deletions from existing text. 2 The proposed amendment is required to clarify the purpose of Section 31-21 of the City's Land Development Regulations. 2. Section 31-21. Definitions. (see Exhibit #2) 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 ninetv (90) continuous davs bv the same occupant of the hotel unit (the "Duration of Stav Restriction"). It shall constitute a violation of this Duration of Stav Restriction to allow anv person to attempt to circumvent this provision bv: relocatinq to another unit in the same hotel: or bv allowinq a person to temporarilv check out of the hotel and subsequentlv re-reqister or check back into the hotel for such purpose. 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 provided includinq dailv 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 a multi-family residential dwellinq. Compliance with the restrictions, conditions or limitations set forth in this definition, shall be certified by the licensee at the time of issuance and renewal of the applicable City occupational license. The proposed amendment is required to provide clarification of the definition of hotel within the City's Land Development Regulations. 3. Section 31-21. Definitions. Multi-Familv residential dwellina shall mean any qroup of more than four (4) dwellinq units occupyinq a sinqle buildinq site, composed of one (1) or more buildinqs. The proposed amendment is required to provide a definition of multi-family residential dwelling in the City's Land Development Regulations. 4. Section 31-21. Definitions. (see Exhibit #3) Residence or residential use shall mean used or intended for use exclusively for dwelling purposes, including apartrnent hotels, as applied to any lot, plat, plot, parcel, tract, area or building, but not including hotel rooms. The proposed amendment is required to clarify the definition of residence or residential use in the City's Land Development Regulations. 3 ~ 31-4 AVENTURA CODE (2) Recording amendments to the Zoning Map. Within a reasonable period of time after any amendment to the Zoning Map, the change shall be posted on the Zoning Map. (Ord. No. 99-09, ~ I(Exh. A, ~ 104), 7-13-99) Editor's note-Ord. No. 99-10, ~~ 2-4, adopted June 15, 1999, provided as follows: Section 2. Adoption of Zoning Map. That the Zoning Map attached as Exhibit itA II [of Ord. No. 99-10] is adopted as the official zoning map of the CityofAventura, and that all property within the City is hereby rezoned in accordance with the Zoning Map. Repeal of Zoning Map and Designations. That the Zoning Map that was adopted by Section 8.03 of the City Charter (the Miami-Dade County Zoning Map), along with any amendments thereto, is hereby repealed and replaced as of the effective date of this Ordinance. Section 4. Conflicts. That all ordinances and parts of ordinance in conflict herewith are hereby repealed insofar as they are inconsistent or in conflict with the provisions of this ordinance or the Land Development Regulations, and the Land Development Regulations shall replace the provisions of the Miami-Dade County Zoning Code to the fullest extent allowed by law. However, the repeal of ordinances and the replacement of the Miami-Dade County Zoning Code shall not affect any offense or act committed or done or any penalty or forfeiture incurred, or any contract or right established or accruing before the effective date of this ordinance. Sees. 31-5-31-20. Reserved. ARTICLE II. DEFINITIONS AND RULES OF CONSTRUCTION Sec. 31-21. Definitions. ~ [For the purposes of this chapter, the following words, terms and phrases shall have the ,..... meanings herein set out.] Accessory use or accessory building shall mean a use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with the principal use. Addition (to an existing building) shall mean any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load-bearing wall other than a fire wall. Any walled and roofed addition which is connected by a fire wall or is separated by independent perimeter load-bearing walls shall constitute new construction. Adult use shall mean any place in which a principal use is the exchange-for consideration in any form, monetary or otherwise, for profit or not-for-profit-<lf materials or exhibitions, including but not limited to, books, magazines, photographs, performances, videotapes, electronic media, or movies, which have as their dominant theme matters depicting, describ- ing, demonstrating or relating to completely or to opaquely covered human genitals or pubic regions, buttocks, or female breasts below a point immediately above the top of the areola, or human male genitals in a discernibly turgid state, even if completely and opaquely covered, or which have as their dominant theme matters depicting, describing, demonstrating or relating Supp. No.4 EXHIBIT #1 02-LDR-02 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 (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 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 EXf-USIT #2 02-LDR-02 ~ 31-21 AVENTURA CODE Plot. See Lot. Principal building shall mean a building which is occupied by, and devoted to, a principal use or an addition to an existing principal building which is larger than the original existing building. In determining whether a building is of primary importance, the use of the entire parcel shall be considered. There may be more than one principal building on a parcel. Pub. See Restaurant. Public buildings and uses shall mean office and service buildings, uses, or facilities owned or operated by a governmental agency. Public utility shall mean any publicly owned, franchised or regulated facility for rendering electrical, gas, communications, transportation, water supply, sewage disposal, drainage, garbage or refuse disposal and fire protection to the general public. Recreational vehicle shall mean a vehicle or portable structure built on a chassis, without permanent foundation, which can be towed, hauled or driven and primarily designed as temporary living accommodation for travel, recreation, or vacation use, including but not limited to, travel trailers, truck campers, camping trailers, and motor homes. Rehabilitation centers shall mean any facility for the treatment and rehabilitation of drug dependents as defined in F.S. ch. 397. Religious facility shall mean any church, synagogue, denominational or ecclesiastical organization having an established place for worship in the City at which nonprofit religious services and activities are regularly conducted. ~ Residence or residential use shall mean used or intended for use exc1usiv~ly for dwelling purposes, including apartment hotels, as applied to any lot, plat, plot, parcel, tract, area or building, but not including hotel rooms. Restaurant shall mean a commercial establishment where food and beverages are primarily ordered from individual menus, served at tables, and consumed on premises. Retail shall mean establishments engaged in selling goods or merchandise directly to the ultirilate consumer for personal or household consumption and rendering services incidental to the sale of such goods. Establishments primarily engaged in providing services as opposed to products to individuals shall also be considered a retail use. Right-of-way shall mean all land dedicated for public transportation, whether public or private. Road capacity shall mean the maximum number of vehicles which can pass over a given section of a roadway, during a given time period under prevailing traffic conditions as defined in the current version of the Highway Capacity Manual. Sale shall mean the exchange of a good, service, product or other item for consideration, regardless of the form that consideration takes. Satellite dish. See Antenna dish. Supp. No.4 EXHIBrr #3 02-LDR-02 ORDINANCE NO. 2002- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING SECTION 31-21 "DEFINITIONS" OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO SPECIFY THE ENFORCEABILITY OF RESTRICTIONS, LIMITATIONS OR CONDITIONS INCLUDED IN ALL DEFINITIONS; AMENDING THE DEFINITION OF "HOTEL," AND CREATING RESTRICTIONS, LIMITATIONS OR CONDITIONS CONCERNING HOTELS; AMENDING DEFINITION OF "RESIDENCE OR RESIDENTIAL USE," CREATING DEFINITION FOR "MULTI-FAMILY RESIDENTIAL DWELLING;" PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR PENALTY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura is desirous of amending the City's Land Development Regulations to provide additional restrictions and text and to clarify Section 31-21 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 legislative 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. Code Amended. That Section 31-21 "Definitions" of the City's Land Development Regulations is herebr amended so as to provide for clarification and amendment of definitions, as follows: J Underlined provisions constitute proposed additions to existing text; ,t.;.l.u tb..uuoh provisions indicate proposed deletions from existing text. Ordinance No. 2002 - Page 2 Sec. 31-21. Definitions. For the purposes of this Chapter, the following words, terms and phrases shall have the meaning herein set out. When these definitions include restrictions. conditions or limitations. such restrictions. conditions or limitations shall be subiect to enforcement uoon the same basis as other orovisions of these Land Develooment Reaulations. Hotel shall mean a commercial establishment which provides temoorarv overnight sleeping accommodations for the aeneral public. No more than five (5) percent of the individual hotel units shall be occuoied for more than ninetv (90) continuous davs bv the same occuoant of the hotel unit lthe "Duration of Stay Restriction"). It shall constitute a violation of this Duration of Stay Restriction to allow any oerson to attemot to circumvent this provision by: relocatina to another unit in the same hotel: or by allowina a oerson to temoorarily check out of the hotel and subseauently re-reaister or check back into the hotel for such ouroose. Principal access to all rental rooms shall be through an inside lobby or office supervised by a person in charge at all hours. Other tyoical hotel services must be offered includina daily linen and maid service. and receiot and disbursement of kevs and mail by the attendant at the desk in the lobbv or office. for the occuoants of the hotel. No hotel facility shall be converted to or used as a multi- family residential dwellina. Comoliance with the restrictions. conditions or limitations set forth in this definition. shall be certified by the licensee at the time of issuance and renewal of the aoolicable Citv occuoationallicense. Multi-familv residential dwellina shall mean any arouo of more than four (4) dwellina units occuoyina a sinole buildina site. comoosed of one (1) or more buildinas. Residence or residential use shall mean used or intended for use exclusively for dwelling purposes, including apartmoAt I:Ietels, as applied to any lot, plat, plot, parcel, tract, area or building, but not including hotel rooms. Section 2. Severabilitv. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 3. Inclusion in the Code. It is the intention of the City Commission, and Ordinance No. 2002 - Page 3 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 4. Penaltv. Any person who violates any provisions of this Ordinance shall, upon conviction, be punished by a fine not to exceed $500.00 or imprisonment in the County jail not to exceed sixty (60) days or both such fine and imprisonment. Each day that a violation continues shall be deemed a separate violation. This Ordinance shall also be subject to enforcement under the Local Government Code Enforcement Act, Chapter 162, F.S., as amended, and City Code Section 2-331, et. seq., as amended. Enforcement may also be by suit for declaratory, injunctive or other appropriate relief in a court of competent jurisdiction. 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 Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Arthur Berger Mayor Jeffrey M. Perlow Ordinance No. 2002 - Page 4 PASSED on first reading this 2nd day of July, 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 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM FROM: City Commission h Eric M. Soroka, City L~\.ger Joanne Carr, Senior Plan TO: BY: DATE: June 21, 2002 SUBJECT: Amendment to Section 31-145 to allow additional conditional uses in the Town Center (TC1) Zoning District (04-LDR-02) July 2, 2002 Local Planning Agency Agenda Item --.!:Iii July 2, 2002 City Commission Meeting Agenda Item rr u September 3, 2002 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve the amendment to Section 31-145 of the City's Land Development Regulations to allow additional conditional uses in the Town Center (TC1) zoning district: THE REQUEST City staff is requesting an amendment to Section 31-145(b)(3) of the City's Land Development Regulations to allow additional conditional uses to facilitate development in the Town Center (TC1) zoning district. ANALYSIS Standards for reviewing proposed amendments to the text of the LOR: 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 conditional uses and performance standards. 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 LOR. The proposed amendment is consistent with the authority and purpose of the Land Development Regulations. 4. The proposed amendment furthers the orderly development of the City. The proposed amendment furthers the orderly development of the City. 5. The proposed amendment improves the administration or execution of the development process. The proposed amendment improves the administration or execution of the development process in that it provides for clarification of and allows for additional conditional uses and performance standards. Description/Background of Proposed Amendments 1: 1. Sec. 31-145. Town Center Zoning Districts (b) Town Center District (TC1) (see Exhibit #1) (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, including parking structures. 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 requirements: 1 Underlined provisions constitute proposed additions to existing text; strickon threu~h provisions indicate proposed deletions from existing text. Remaining provisions are now in effect and remain unchanged. 2 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 accoraance 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 Duilding Fermit shall be accompanied by a site plan indicating the location 0 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. f. Floor areas that are less than the minimum floor areas required by the provisions of 31-145(5)q hereof. q. Allocations of interior spaces other than as set forth in Section 31- 145(b)(7) hereof. h. Structured parkinq that is not incorporated into the buildinq envelope of a primary use structure, as required by Section 31-145(9) hereof. I. Structured parkinq that can be seen from a primarv use buildinq and that does not have the area of the top level landscaped and/or decoratively paved in order to provide amenity areas for buildinq occupants, as required by Section 31-238 of this Code. i. Driveways for mixed-use proiects exceedinq twenty (20) acres in size with a separation of less than 150 feet of landscaped frontaqe as lonq as it is determined, as part of site plan review that: I. that landscapinq for the total proiect site exceeds the minimum requirements of this Code, and: il. that traffic studies indicate that a lesser distance between driyeways does not constitute a safety hazard to either vehicular or pedestrian traffic. k. Off street parkinq that does not meet the requirements of Section 31-171 (b) or (d) of this Code. The proposed amendment is required to provide additional conditional uses to facilitate development in the Town Center (TC1) zoning district within the City's Land Development Regulations. 3 ~ 31-145 ~(3) 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 of total 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. 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 requirements: 1. 2. Be of 550 gallons capacity or less. Be installed and operated under a valid permit from the Miami-Dade County Department of Environmental Resources Management. 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. Be located in a manner consistent with the site development standards of the TCl zoning district. Installation of any AST shall require a building permit from the City. Application for building permit shall be accompanied by a site plan indicating the location of the AST relative to property lines, the primary structure served by the AST, any other structures within 300 feet as well as a landscape plan prepared by a Florida licensed architect or landscape architect and other supporting documentation as deemed necessary by the City Manager or designee. 3. 4. 5. Supp. No.5 EXHIBIT #1 Q4-LDR-02 ORDINANCE NO. 2002-_ AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING PARAGRAPH (b) OF SECTION 31.145 "TOWN CENTER DISTRICT (TC1) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ADD CONDITIONAL USE REGULATIONS REGARDING MINIMUM FLOOR AREAS, ALLOCATIONS OF INTERIOR SPACE, STRUCTURED PARKING REQUIREMENTS, DRIVEWAY STANDARDS AND OFF-STREET PARKING REQUIREMENTS 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 THAT: Ordinance No. 2002 - Page 2 Section 1. Paragraph (b), "Town Center District (TC1)" of Section 31-145 "Town Center Zoning Districts" of the City's Land Development Regulations is hereby amended as follows: 1 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 B1 District. c. Sale of alcoholic beverages for on-premises consumption except with meals. d. Uses that exceed the height limitations, including parking structures. 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 requirements: 1. Be of 550 gallons capacity or less. 2. Be installed and operated under a valid permit from the Miami-Dade County Department of Environmental Resources Management. 3. Be fully screened by a masonry or concrete wall with a self- closing and locking metal door or gate. Such wall shall be landscaped in accordance with the City's Landscape Code. 1. 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 1 Underlined provisions constitute proposed additions to existing text; striekeB thfsHga provisions indicate proposed deletions from existing text. Ordinance No. 2002 - Page 3 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. f. Floor areas that are less than the minimum floor areas reauired bv the provisions of 31-145(5)0 hereof. a. Allocations of interior soaces other than as set forth in Section 31- 145(b )(7) hereof. h. Structured oarkina that is not incoroorated into the buildina envelooe of a orimary use structure. as reauired bv Section 31-145(9) hereof. i. Structured oarkina that can be seen from a orimary use buildina and that does not have the area of the top level landscaped and/or decorativelv paved in order to orovide amenitv areas for buildina occuoants. as reauired bv Section 31-238 of this Code. I. Drivewavs for mixed-use oroiects exceedina twenty (20) acres in size with a seoaration of less than 150 feet of landscaoed frontaae as lona as it is determined. as oart of site olan review that: i. landscaoina for the total proiect site exceeds the minimum reauirements of this Code. and: ii. traffic studies indicate that a lesser distance between drivewavs does not constitute a safetv hazard to either vehicular or pedestrian traffic. k. Off street parkina that does not meet the reauirements of Section 31- 171 (b) or (d) of this Code. Section 2. Severabilitv. The provisions of this Ordinance are declared to be severable and if any section, sentence. clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional. such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 3. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a Ordinance No. 2002 - Page 4 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 4. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner 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-Libert Vice Mayor Arthur Berger Mayor Jeffrey M. Perlow PASSED on first reading this 2nd day of July, 2002. Ordinance No. 2002 - Page 5 PASSED AND ADOPTED on second reading _ day of ,2002. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, City BY: Joanne Carr, Seni DATE: June21,2002 SUBJECT: Amendment to Section 31-78 of the City's Land Development Regulations to exempt a Declaration in Lieu of Unity of Title from the mandatory platting requirements of the Code. (05-LDR-02) July 2, 2002 Local Planning Agency Agenda Item 'I e. July 2, 2002 City Commission Meeting Agenda Item 1'b September 3, 2002 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve the amendment to Paragraph (k) of Section 31-78 of the City's Land Development Regulations to allow a Declaration in Lieu of Unity of Title as an exemption to the mandatory platting requirements of the Code. THE REQUEST City staff is requesting an amendment to Paragraph (k) of Section 31-78 of the City's Land Development Regulations to allow a Declaration in Lieu of Unity of Title as an exemption to the mandatory platting requirements of the Code. ANALYSIS Standards for reviewing proposed amendments to the text of the LOR: 1. The proposed amendment is legally required. 2 The proposed amendment improves the administration or execution of the development process in that it provides for clarification of and allows for declarations in lieu of unity of title to be exempt from the mandatory platting requirements of the Code. 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 LOR. The proposed amendment is consistent with the authority and purpose of the Land Development Regulations. 4. The proposed amendment furthers the orderly development of the City. The proposed amendment furthers the orderly development of the City. 5. The proposed amendment improves the administration or execution of the development process. The proposed amendment improves the administration or execution of the development process in that it provides for exemption of Declarations in Lieu of Unity of Title from the mandatory platting requirements of the Code. Description/Background of Proposed Amendments 1: 1. Sec. 31-78. Subdivision Plat Approval. (see Exhibit #1) (k) Modifications to recorded plats. The modifications listed in this section may be accomplished upon a finding by the Community Development Director that the regulations of this section have otherwise been met and through the payment of any fees for the cost of processing. The following types of development shall be deemed exempt and not subject to the provisions of the mandatory platting requirements of this code: (1) The dedication of land or any interest in land to any governmental agency, entity or political subdivision. (2) The division of a duplex zoned platted lot to permit individual ownership in conformance with all applicable zoning and Building Code provisions. 1 Underlined provisions constitute proposed additions to existing text; strisllen tRrough provisions indicate proposed deletions from existing text. Remaining provisions are now in effect and remain unchanged. 3 (3) The combination of lots and/or portions of lots to create a common building site provided that the property owner presents on instrument a unity of title or declaration in lieu thereof recordable in the public records of Miami-Dade County, Florida either: (a) identifying the boundaries of the building site and the intent to deyelop and convey as one site or parcel in perpetuity or so long as the proposed use exists Q.G. (b) where the property owner presents a declaration in lieu of a unity of title recordable in the public records of Miami-Dade County, Florida that: (i) identifies the boundaries of the buildina site: (ij) provides that the subject site will be deyeloped in accordance with the approved site plan and that no major site plan revision shall be effectuated without the written consent of the then owner(s) of the phase or portion of the property for which modification is souaht. and the Director of Community Development. provided the Director determines that the proposed modification does not constitute a maior site plan revision, as set forth in the City's Land Development Reaulations. Should the Director withhold such approval. the then owner(s) of the phase or portion of the property for which modification is souaht shall be permitted to seek such modification by application to modify the plan or covenant at public hearina before the City Commission: (Hi) if the subiect property will be developed in phases, that each phase will be developed without a maior site plan revision, except as otherwise modified pursuant to Section 31-78(k)(3)(b)(ij) hereof. (iv) in the event of multiple ownerships subseauent to site plan approval. that each of the subseauent owners shall be bound by the terms, provisions and conditions of the declaration in lieu of unity of title. The owner shall further aaree that he or she will not convey portions of the subject property to such other parties unless and until the owner and such other party (parties) shall have executed and mutually delivered, in recordable form, an instrument to be known as an "easement and operatina aareement" which shall contain, amona other thinas: a. Easements in the common area of each parcel for inaress to and earess from the other parcels: b. Easements in the common area of each parcel for the passaae and parkinQ of yehicles: c. Easements in the common area of each parcel for the passaae and accommodation of pedestrians: d. Easements for access roads across the common area of each parcel to public and private roadways: e. Easements for the installation, use, operation, maintenance, repair. replacement. relocation and removal of utility facilities in appropriate areas in each such parcel: f. Easements on each such parcel for construction of buildinas and improvements in favor of each such other parcel: Q. Easements upon each such parcel in favor of each adioinina parcel for the installation, use. maintenance, repair, replacement and 4 utilitv companies: k. Appropriate reservation of riqhts to road riqht-of-wavs and curb cuts: I. Easements in favor of each such parcel for pedestrian and vehicular traffic over dedicated rinq roads and access roads: and m. Appropriate aqreements between the owners of the several parcels as to the obliqation to maintain and repair all private roadways, parkinq facilities. common areas and common facilities and the like. These provisions or portions thereof may be waived bv the Director if they are not applicable to the subiect property. The provisions of the easement and operatinq aqreement shall not be amended without prior written approval of the City Attornev. In addition. such easement and operatinq aqreement shall contain such other provisions with respect to the operation, maintenance and development of the property as to which the parties thereto may aqree or the City Manaqer may require. all to the end that althouqh the property may have several owners. it will be constructed, conveyed, maintained and operated in accordance with the approved site plan and in a co-ordinated and unified manner. fQ} The declaration shall be in effect for a period of thirty (30) years from the date the documents are recorded in the public records of Miami-Dade County. Florida. after which they shall be extended automaticallv for successive periods of ten (10) years unless released in writinq bv the owners and the Director. actinq for and on behalf of the City of Aventura, Florida, upon the demonstration and affirmative findinq that the same is no lonqer necessary to preserve and protect the property for the purposes herein intended. liD Enforcement of the declaration shall be bv action at law or in equity with costs and reasonable attorney's fees to the prevailinq party. {g} No combination shall be approved where approval would allow a violation of any other provision of this chapter. (4) The division of a nonresidential zoned parcel into not more than two parcels, when the City determines that a new public right-of-way or parcel access is not required. In this instance, the Community Development Department and Engineering Division may require that any or all of the following items be provided and approved: a. Current survey. b. Sketch plat. 5 b. Sketch plat. c. Master parking plan. d. Secondary access plan. e. Alley, access, drainage, utility, planting and other easements. f. Paving and drainage plan. g. Sewer and water plans. The proposed amendment is required to provide for exemption of a Declaration in Lieu of Unity of Title from the mandatory platting requirements of the City's Land Development Regulations. LAND DEVELOPMENT REGULATIONS ~ 31-79 to the property owner shall hold a public hearing. Hthe City Commission finds that the conditions have not been satisfied, the City Commission shall take immediate corrective action to ensure compliance. ~ (k) Modifications to recorded plats. The modifications listed in this section may be ~ccomp1ished upon a finding by the Community Development Director that the regulations of this section have otherwise been met and through the payment of any fees for the cost of processing. The following types of development shall be deemed exempt and not subject to the provisions of the mandatory platting requirements of this code: (1) The dedication of land or any interest in land to any governmental agency, entity or political subdivision. (2) The division of a duplex zoned platted lot to permit individual ownership in conform- ance with all applicable zoning and Building Code provisions. (3) The combination of lots and/or portions of lots to create a common building site provided that the property owner presents an instrument recordable in the public records of Miami-Dade County, Florida identifying the boundaries of the building site and the intent to develop and convey as one site or parcel in perpetuity or so long as the proposed use exists. No combination shall be approved where approval would allow violation of any other provision of this chapter. (4) The division of a nonresidential zoned platted parcel into not more than two parcels, when the City determines that a new public right-of-way or parcel access is not required. In this instance, the Community Development Department and Engineering Division may require that any or all of the following items be provid~d and approved: a. Current survey. b. Sketch plat. c. Master parking plan. d. Secondary access plan. e. Alley, access, drainage, utility, planting, or other easements. f. Paving and drainage plan. g. Sewer and water plans. (l) Recorded plat. No change to a recorded plat shall be created and no development is undertaken except in conformance with the recorded plat or as specifically allowed in this section. (Ord. No. 99-09, ~ 1(Exh. A, ~ 508), 7-13-99) Sec. 31-79. Administrative site plan review. (a) Required. Except as provided in section 31-80(c), application for site plan approval for all developments shall be submitted to the Community Development Department for review and approval prior to the issuance of building permits. The Community Development Supp. No.4 EXHIBIT #1 05-LDR-02 ORDINANCE NO. 2002- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING PARAGRAPH (k) "MODIFICATIONS TO RECORDED PLATS" OF SECTION 31-78 "SUBDIVISION PLAT APPROVAL" OF THE CITY'S LAND DEVELOPMENT REGULATIONS REGARDING SUBDIVISION REQUIREMENTS AND EXCEPTIONS BY PROVIDING FOR DECLARATIONS IN LIEU OF UNITY OF TITLE; 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 andlor 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. Paragraph (k) "Modifications to Recorded Plats" of Section 31-78 "Subdivision Plat Approval" of the City's Land Development Regulations is Ordinance No. 2002-_ Page 3 hereby amended as follows 1: Sec. 31-78. Subdivision plat approval. (k) Modifications to recorded plats. The modifications listed in this section may be accomplished upon a finding by the Community Development Director that the regulations of this section have otherwise been met and through the payment of any fees for the cost of processing. The following types of development shall be deemed exempt and not subject to the provisions of the mandatory platting requirements of this code: (1) The dedication of land or any interest in land to any governmental agency, entity or political subdivision. (2) The division of a duplex zoned platted lot to permit individual ownership in conformance with all applicable zoning and Building Code provisions. (3) The combination of lots and/or portions of lots to create a common building site provided that the property owner presents SA iAEltr~r-ReAt a unitv of title or declaration in lieu thereof recordable in the public records of Miami-Dade County, Florida either: (a) identifying the boundaries of the building site and the intent to develop and convey as one site or parcel in perpetuity or so long as the proposed use exists or:. (b) where the orooertv owner oresents a declaration in lieu of a unitv of title recordable in the oublic records of Miami-Dade County. Florida that: (j) identifies the boundaries of the buildina site; (ii) orovides that the subiect site will be develooed in accordance with the aooroved site olan and that no maior site olan revision shall be effectuated without the written consent of the then owner(s) of the ohase or oortion of the orooertv for which modification is souaht. and the Director of Communitv Develooment. orovided the Director determines that the orooosed modification does not constitute a maior site olan revision. as set forth in the Citv's Land Develooment Reaulations. Should the Director withhold such aooroval. the then owner(s) of the ohase or oortion of the orooertv for which modification is souaht shall be oermitted to seek such modification bv aoolication 1 Underlined provisions constitute proposed additions to the existing text; striskeR threullh provisions indicate proposed deletions from existing text. Remaining provisions are now in effect and remain unchanged. Ordinance No. 2002-_ Page 4 to modify the olan or covenant at oublic hearinq before the Citv Commission: (iii) if the subiect orooertv will be develooed in ohases. that each ohase will be develooed without a major site olan revision. exceot as otherwise modified pursuant to Section 31-78(k)(3)(b)(ii) hereof. (jv) in the event of multiole ownershios subsequent to site olan aooroval. that each of the subsequent owners shall be bound bv the terms. orovisions and conditions of the declaration in lieu of unitv of title. The owner shall further aqree that he or she will not convev oortions of the subiect orooertv to such other parties unless and until the owner and such other oartv (oarties) shall have executed and mutually delivered. in recordable form. an instrument to be known as an "easement and ooeratinq aqreement" which shall contain. amonq other thinqs: a. Easements in the common area of each oarcel for inqress to and eqress from the other oarcels: b. Easements in the common area of each oarcel for the oassaqe and oarkinq of vehicles: c. Easements in the common area of each oarcel for the oassaqe and accommodation of oedestrians: d. Easements for access roads across the common area of each Darcel to oublic and orivate roadwavs: e. Easements for the installation. use. ooeration. maintenance. reoair. reolacement. relocation and removal of utility facilities in aoorooriate areas in each such Darcel: f. Easements on each such Darcel for construction of buildinqs and imorovements in favor of each such other oarcel: q. Easements uoon each such Darcel in favor of each adjojninq oarcel for the installation. use. maintenance. reoair. reolacement and removal of common construction imorovements such as footinqs. suooorts and foundations: h. Easements on each Darcel for attachment of buildinqs: i. Easements on each oarcel for buildinq overhanqs and other overhanqs and oroiections encroachinq uoon such Darcel from adioininq Darcel such as. bv wav of examole. marquees. canooies. Iiqhts. Iiqhtinq devices. awninqs. winq walls and the like: i. Aoorooriate reservation of riqhts to qrant easements to utility comoanies: k. and curb cuts: Aoorooriate reservation of riqhts to road riqht-of-wavs I. Easements in favor of each such oarcel for oedestrian and vehicular traffic over dedicated orivate rinq roads and access roads: and m. Aoorooriate aqreements between the owners of the several parcels as to the obliqation to maintain and reoair all orivate roadways. oarkinq facilities. common areas and common facilities and the like. These orovisions or portions thereof may be waived by the Director if they are not aoolicable to the subiect orooertv. The provisions of the easement and Ordinance No. 2002-_ Page 5 operatina aareement shall not be amended without prior written approval of the Office of the Citv Attornev. In addition. such easement and operatina aareement shall contain such other orovisions with resoect to the ooeration. maintenance and development of the propertv as to which the oarties thereto mav aaree or the Citv Manaaer may reauire. all to the end that althouah the orooertv may have several owners. it will be constructed. conveved. maintained and operated in accordance with the aooroved site plan and in a coordinated and unified manner.. (c) The declaration shall be in effect for a period of thirtv (30) years from the date the documents are recorded in the oublic records of Miami-Dade County. Florida. after which time they shall be extended automaticallv for successive periods of ten 10 ears unless released in writin b the owners and the Director actin for and on behalf of the City of Aventura. Florida. uoon the demonstration and a Irmative findina that the same is no lonaer necessarv to preserve and orotect the property for the ourooses herein intended. (d) Enforcement of the declaration shall be bv action at law or in eauitv with costs and reasonable attornev's fees to the prevailina party. (e) No combination shall be approved where approval would allow a violation of any other provision of this chapter. (4) The division of a non-residential zoned parcel into not more than two parcels, when the City determines that a new public right-of-way or parcel access is not required. In this instance, the Community Development Department and Engineering Division may require that any or all of the following items be provided and approved: a. Current survey b. Sketch plat c. Master parking plan d. Secondary access plan e. Alley, access, drainage, utility, planting and other easements f. Paving and drainage plan g. Sewer and water plans. Section 2. Severabilitv. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand Ordinance No. 2002-_ Page 6 notwithstanding the invalidity of any part. Section 3. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Aventura; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 4. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner 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-Libert Vice Mayor Arthur Berger Mayor Jeffrey M. Perlow PASSED on first reading this 2nd day of July, 2002. Ordinance No. 2002-_ Page 7 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 <!the :miami if{erat~ DIIII 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 adt1tr~iseIp. t for, .ty Of Aventu:q~ was p newspaper in the issue of : '" \ 4. MIl Vi' " e L1 6V\.- 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 d) / day of ;6 .< ('-7 --i' , - A.D. 2001 \ ;? '-'''-'''.. //. / v L 'j.rV 7<0../1/ Li a Ann Hernandez ....~V~tt'", Lisa Ann Hernandez $m~commiss1onf# DO 000617 ~~ <ir ~E Exp1rosFeb. 11.2005 ~m.... {ltS Bonded Thnt ~~,9,~I'~"~" Atlantle Bondlng QI., InG.. 3613 N.E. 163rd Street, North Miami Beach, FL 33160 )KNIGHTRIDDER) I i \ I I ~ J " i ") ') '1 CITY OF AVENTURA NOTICE OF AMENDMENT 'I TO COMPREHENSIVE PLAN I public Notice is hereby given that the City Commission ,of the City of Aventura will meet in ~. public hearing on Tuesday, July 2,2002 at 6:00 pmto consider final adoption of the following Ordinance on second reading: :i I i il " +, AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTERPLAN 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. ~ t~" 9 ,I{~ ;I, I';" IS ~ 11 'J 1 , . h The Public Hearing will be held 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 parties may appear atthe Public Hearing and be heard with respect to the, proposed 'Ordinance. i1 In' accortlance with the Am~ricans with. DisabiHtie~ Act of1990, all persons who are disabled and wh~ need special acpommodations 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 per~on decides to appeal any decision made b~ the City Commission, as Local Planning Agency, .or as the governing body, with respect ta any matter cansidered at a mEleting .or hearing, that person wi!1 need a record .of the proceedir)9s and, far sucb purpase, may need ta enSure that a verbatim recard .of the proceedings is made, which recard includes the testimony and evidence upon which the appeal i$ topebased. ," I, Teresa M. Soroka, CMC, City,Cler'~ iht :miami Htrat~ lmmIIImI 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 county, Florida; that the ad newspaper in the issue of : 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 cop dvertisement. ~ ---- ~~ FRANK TOMASINO Sworn to and subscribed before me This ,;21 day of ~-.:...,/ L..'../?c...L :/ '1 / ~l...1I-1/ Lisa Ann Hernandez A.D. 2001 ~ \\\'"II'1 T. ':-Q1~Y Pu"'.;. .ulsa Ann I1ernande. z :, :Cmnmiss1on#DD00061 ~~ ~':'l Expires Peb. 11,200,7 "'-.(IF \.~<-~ Bonded Thru. "'"n''' Atlantic Bondlng Go., J.ne. 3613 N.E. 163rd Street, North Miami Beach, FL 33160 )KNIGHTRIDDER) _.._~."'-'-.."'~"="7 -~. <;;"." ""l If'",' . "~;,;',,;p CITY OF AVENtURA NOTICE OF HEARING OF LOCAL PLANNING AGENCY AND NOTICE, OF AMENDMENT OF THE CITY'S LAND DEVELOPMENT REGULATIONS l Public Notice is herl1by given that the Aventura City Commission, sitting as the City of Aventura Local Planning Agency will meet in a public'hearing on Tuesday, July 2, 2002 ,at 6:00pm to consider acloptil'n of the following " Ordinance: AN 'ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING SECTION 31-21 "DEFINITIONS" OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO SPECIFY THE ENFORCEABILITY OF RESTRICTIONS, 'LIMITATIONS OR CONDITIONS INCLUDED IN ALL DEFINITIONS; AMENDING THE DEFINITION OF "HOTEL" AND CREATING RESTRICTIONS, LIMITATIONS OR, CONDITIONS CONCERNING HOTELS; AMENDING DEFINITION OF "RESIDENCE OR RESIDENTIAL USE"; CREATING DEFINITION' FOR "MULTI- ',0 FAMILY' RESIDENTIAL DWELLING"; PROVIDING FOR SEVERABILITY; PROVIDING. FOR INCLUSION IN TI1E CODE; PROVIDING FOR' PENALTY; 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 above described Ordinance. The above described PUblic Hearings will be held commencing at 6:00 pm on Tuesday, July 2, 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 oi 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 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. t' , ' ,If a person decides to appeal any decision made by the City Commission,' as Local Planning Agency or as the governing body, with respectto 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 -I- I ; j \ I '-~ l ~ !J'" ' CITY OF AVENTURA , NOTICE OF HEARING OF LOCAL PLANNING AGENCY AND NOTICE OF AMENDMENT OF THE CITY'S LAND "DEVELOPMENT REGULATIONS ~n + ldl Dc) , lie r! " :!,Bublic Notice is hereby given tliat the Aventura City Commission, sitting h;s the City of Aventura Local Planning Agency will meet in a public )~hearing on Tuesday, July 2, 2002 at 6:00pm to consider adoption, ot the" ; following Ordinances: ' ;\ ',. >, rS1 )19 ~~h' .,. AN ORDINANCE OF THE CITY OF AVENTURA, . '1' FLORIDA, AMENDING PARAGRAPH' (b)","TOWN ' ITI) CENTER DISTRICT (TC1)"OF SECTION 31:-145 1l:3 "TOWN CENTER ZONING DISTRICTSII' OF THE , )) CITY'S LAND DEVELOPMENT REGULATIONS, TO fr:. AMEND CONDITIONAL USE REGULATIONS .'\'1' REGARDING MINIMUM FLOOR AREAS, ALLOCATlO~ OF INTERIOR SPACE, STRUCTURED ,d \"., PARKING REQUIREMENTS; ,DRIVEWAY i;b . STANDARDS' ,ANDd OFF-STREET PARKING, REQUIREMENTS IN THE TCl ZQNING DISTRICT; , rv PROVIDING FOR SEVERABILITY; ',PROVIDING FOR, ilj INCLUSION IN THE CODE; PROVIDING ,FOR AN, GO EFFECTIVE DATE. ' e.i ~!1} \!f AN ORDINANCE, OF THE CITY OF AVENTURA, I~' FLORIDA, AMENDING, PARAGRAPH (k), ,:lji' "MODIFICATIONS TO RECORDED PLATS" OF }/: SECTION 31-78 "SUBDIVISION PLAT APPROVAL" .1; OF THE CITY'S lAND DEVeLOPMENT" r;! REGULATIONS", REGARDING, SUBDIVISION' uf REQUlREMENTSAND,EXCEPTIONS BY. PROVIDING n~,' FOR DECLARATIONS IN LIEU OF UNITY OF TITLE; ..', " PROVIDING FOR SEVERABILITY; , PROVIDlrmFOR> INCLUSION IN THE CODE; PROVIDING FORAN. ,..,1 EFFECTIVE DATE ' nn. i!(Ilinediatelyfollowirig'the Local Planning Agimcy meeting, the City Commission. ,of the' City of Aventura, as. the governing. body,will consider at. a public hearing adoption of the above described Ordinarices~ . . i. ..l' """, ,,<',' ',' "':""', ", ,,' 'The above described Public Hearingsy.'illbe heldcommencing , pin on Tuesday, July 2',2002, 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 t~e City Clerk, 19200 West Country Club Drive, Aventura, Florida:, 'IJlterested parties may appear at the PUblic Hearing and be heard with "respect to the proposed Ordinances. In accordance with theAm~ricans with Disabilities Act of 1990, all. persons who are disabled and who need special accpmmoda~ions to participate in this proceeding because of that qisability 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 consideredat a meeting or hearing, that person will need 'a record '6f the proceedings arid, 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 ,ge based. . ~\ 1\ 'i:.~ Teresa M. Soroka, CMCj City Clerk