05-05-1997 CC Workshop Agenda
'lJ{'E CI'ly OJ
'EXC'ELL'ENC'E
~"- /
~- A.~
~e~.
City Council
Workshop Meeting
May 5,1997
9:00 AM
Executive Conference Room
City of Aventura City Council Workshop Meeting
1.
2.
3.
4.
Aqenda
FDOT Presentation
Ethics Ordinance
Proposed City Charter Amendments
Other Business
CITY OF A VENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT: Proposed Code of Ethics Ordinance
1st Reading April 15, 1997 City Council Meeting Agenda Item ~
2nd Reading May 6,1997 City Council Meeting Agenda Item_
RECOMMENDATION
A subcommittee, consisting of Vice-Mayor Arthur Berger, Councilmember Jay Beskin,
City Attorney and City Manager, met to discuss a proposed Code of Ethics Ordinance
for the City. The attached Ordinance is the result of the efforts of the subcommittee. It
is recommended that the City Council adopt the attached Ordinance establishing a
Code of Ethics for the City,
BACKGROUND
Based on concems expressed by members of the City Council regarding potential
conflict of interest issues and to protect the integrity of government, a subcommittee
was appointed. Many of the ethics issues are already addressed in the State of Florida
Code of Ethics for public officers and employees, State Statute 112 and the Dade
County Conflict of Interest and Code of Ethics Ordinance, Section 2-11 Dade County
Code. The proposed Ordinance adopts and incorporates these laws and regulatio(1s.
Therefore, a majority of the discussions centered around issues not covered by existing
laws, The main issue not included was possible conflict of interest issues regarding
Advisory Board members.
The proposed Ordinance establishes the following provisions relating to Advisory Board
members:
(1) No member of any City Advisory Board shall vote on or participate in any way in any
matter presented to the Board if said person is an officer, board member, or director
of an organization which would be or r, ,ight be indirectly or directly affected by any
action of the Board or, if in any instance, the matter would affect the member in a
manner distinct from the manner in which it would affect the public generally.
(2) Any Board member who has any of the above relationships or who would or might,
directly or indirectly, profit or be enhanced by the action of the Board shall absent
himself or herself from the Board meeting during the discussion of the subject item
and shall not vote on or participate in any way in said matter.
(3) Whenever any Board member is in doubt as to the interpretation or application of
this section to his/her particular situation, the Board member may submit to the City
Attorney a written request for an opinion. The City Attorney shall review the facts of
the particular matter and shall provide an opinion to the Board member.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC027697
WEISS SEROTA & HELFMAN, P.A.
ATTORNEYS AT LAW
2665 SOUTH BAYSHORE DRIVE
SUITE 420
ROV J. BARQUET
STEPHEN S. BODDEN
NINA L. BQNrSKE
OANIEL H. COULTOFF
L. ROBERT ELIAS
EDWARD G. GUEOES
STEPHEN J. HELFMAN
JILL A. JARKESY*
SUSAN LEVI N E
GILBERTO PASTOR1ZA
ELLEN N. SAUL.
GAIL O. SEROTA*
JOSEPH H. SEROTA
RICHARD JAY WEISS
DAVID M. WOLPIN
STEVEN W. ZELKOWITZ
BROWARO OFFICE
888 EAST LAS OLAS BOULEVARD
SUITE 710
FORT LAUDERDALE, FLORIDA 33301
TELEPHONE (954) 763-1189
MIAMI, FLORIDA 33133
TELEPHONE (305) 854-0800
TELECOPIER (305) 854-2323
April 8, 1997
PALM BEACH OFFICE
1872 SOUTHWEST 17TH STREET
BOCA RATON, FLORIDA 33486
TELEPHONE (561) 392.8762
TELECOPIER (561) 392-7551
.OF COUNSEL
Teresa M. Smith, CMC
City of Aventura
2999 N.E. 19lst Street
Suite 500
Aventura, FL 33180
Re: Code of Ethics Ordinance
Dear Teresa:
Enclosed please find a copy of the captioned draft ordinance
for placement on the next Council Agenda.
Please give me a call if you have any questions regarding this
matter.
Sincerely,
y~ S?Q
Nina L. Boniske
NLB/dg/328.00l
cc: Mr. Eric Soroka
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA;
ESTABLISHING A CODE OF ETHICS; PROVIDING A
PENALTY; PROVIDING FOR SEVERABILITY, INCLUSION
IN THE CODE, AND AN EFFECTIVE DATE.
WHEREAS, the State of Florida and Metropolitan Dade County
have recognized the need to establish standards of ethical conduct
for their public officers and employees by adopting a "Code of
Ethics" applicable to the public officers and employees of the
State, the County and municipalities, including the City of
Aventura; and
WHEREAS, the City Council finds it in the public interest to
establish standards of ethical conduct for its public officers and
employees by adopting ,a City "Code of Ethics" in order to protect
the integrity of every level of government and to insure that
government will be respected and trusted by the people.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1.
Leqislative Intent.
(1) It is essential to the proper conduct and operation
of government that public officials be independent and
impartial and that public office not be used for private gain
other than the remuneration provided by law. The public
interest, therefor, requires that the law protect against any
conflict of interest and establish standards for the conduct
of elected officials and government employees in situations
where conflicts may exist.
1
(2) It is the policy of the City of Aventura that no
officer or employee of the City, shall have any interest,
financial or otherwise, direct or indirect; engage in any
business transaction or professional activity; or incur any
obligation of any nature which is in substantial conflict with
the proper discharge of his or her duties in the public
interest. To implement this policy and strengthen the faith
and confidence of the City's residents in their government,
the City of Aventura will enact a Code of Ethics setting forth
standards of conduct required of the City's public officers
and employees, in the performance of their official duties.
It is the intent of the City that this code shall serve as a
guide for the official conduct of the public officers and
employees of the City.
Section 2.
Code of Ethics.
The conduct of the public officers and employees of the City
of Aventura shall be governed by the Code of Ethics of the City of
Aventura which shall include:
(1 )
Officers
Statutes,
The State of Florida "Code of Ethics for Public
and Employees", codified in Chapter 112, Florida
as may be amended from time to time, and
(2) The "Dade County Conflict of Interest And Code of
Ethics Ordinance", codified at Section 2-11 et. seq., Dade
County Code, as may be amended from time to time, and
(3) Any provisions that the City Council may adopt from
time to time in addition to those set forth in subsections (1)
and (2) above.
Section 3.
Board Member.
(I) No member of any City Advisory Board shall vote on
or participate in any way in any matter presented to the
Board if said person is an officer, board member, or director
of an organization which would be or might be indirectly or
directly affected by any action of the Board or, if in any
instance, the matter would affect the member in a manner
distinct from the manner in which it would affect the public
generally.
(2) Any Board Member who has any of the above
relationships or who would or might, directly or indirectly,
profit or be enhanced by the action of the Bo~rd shall absent
himself or herself from the Board meetlng durlng the
discussion of the subject item and shall not vote on or
participate in any way in said matter.
2
(3) Whenever any Board member is in doubt as to the
interpretation or application of this section to his\her
particular situation, the Board member may submit to the City
Attorney a written request for an opinion. The City Attorney
shall review the facts of the particular matter and shall
provide an opinion to the Board Member.
(4) For purposes of this Section, the term "Advisory
Board" shall refer to the members of those City Advisory
Board's whose primary responsibility is to provide
recommendations or advice to the City Council.
Section 4.
Penaltv.
In addition to any penalties that may
be prescribed by the State of Florida or Metropolitan Dade County
in their Codes of Ethics, a violation of any provision of this Code
shall additionally be punishable by a fine not to exceed $500,00.
Section 5.
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 6.
Effective Date.
This Ordinance shall be
effective immediately upon adoption on second reading.
The foregoing Ordinance was offered by Councilmember
who moved its adoption on first reading. The motion was seconded
by Councilmember
, and upon being put to a vote, the vote
was as follows:
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
3
councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Mayor Arthur I. Snyder
The foregoing Ordinance was offered by Councilmember
____, who moved its adoption on second reading.
The motion was
seconded by Concilmember
and upon being put to a
vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this
day of
, 1997.
PASSED AND ADOPTED on second reading this
day of
, 1997.
ARTHUR I. SNYDER, MAYOR
ATTEST
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
328001\Ordinance\Ethics
4
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA;
PROVIDING FOR AMENDMENT OF THE CITY CHARTER BY
AMENDING SECTION 2.02 "MAYOR AND VICE MAYOR"
TO REVISE PROCEDURE FOR APPOINTMENTS TO CITY
COUNCIL SUBCOMMITTEES, AMENDING SECTION 2.02
"MAYOR AND VICE MAYOR"; TO CLARIFY ANNUAL
APPOINTMENT OF VICE MAYOR; AMENDING SECTION
2.05 "VACANCIES; FORFEITURE OF OFFICE; FILLING
OF VACANCIES" BY AMENDING SUBSECTION (C)
"FILLING OF VACANCIES" TO REVISE PROCEDURE FOR
FILLING VACANCY IN OFFICE OF MAYOR AND
REPEALING PROVISION WHICH PROVIDED FOR VICE
MAYOR TO FILL VACANCY IN THE OFFICE OF MAYOR;
AMENDING SECTION 3.05 "BOND OF CITY MANAGER"
TO PROVIDE THAT CITY COUNCIL MAY BY ORDINANCE
REQUIRE CITY MANAGER TO FURNISH A FIDELITY
BOND; AMENDING SECTION 3.11 "CITY BOARDS AND
AGENCIES" TO PROVIDE FOR CITY COUNCIL TO
APPOINT MEMBERS OF CITY BOARDS; AMENDING
SECTION 5.01 "ELECTIONS" TO PROVIDE FOR
ELECTION OF MAYOR AND COUNCIL BY PLURALITY
VOTE, ELIMINATE RUN-OFFS, PROVIDE FOR
RESOLUTION OF TIE VOTES, REVISE COMMENCEMENT
DATE FOR TERMS OF ELECTED OFFICIALS; AMENDING
SECTION 7.03 "CONFLICTS OF INTEREST; ETHICAL
STANDARDS" TO ENABLE CITY COUNCIL TO ADOPT
ADDITIONAL CODE OF ETHICS REQUIREMENTS;
PROVIDING REQUISITE BALLOT LANGUAGE FOR
SUBMISSION TO ELECTORS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CHARTER; PROVIDING FOR ADOPTION OF ENABLING
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Section 6.02 (a) (i) of the Charter of the City of
Aventura provides that the Council may, by ordinance, propose
amendments to the Charter subject to approval by the electorate at
the next general election or at a special election called for such
purpose; and
WHEREAS, the Council has determined to submit certain proposed
Charter amendments for approval or disapproval by the electors.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
1
OF AVENTURA, FLORIDA, AS FOLLOWS':
Section 1. That Section 2.02, "Mayor and Vice Mayor" of the
City Charter, is amended by revising subsection (a) "Mayor," to
read as follows:
Section 2.02. Mayor and Vice Mayor.
(a) Mayor. The Mayor shall preside at
meetings of the Council, be a voting member of
the Council, and may , with the consent of the
Council, create and appoint sub-committees of
the Council consistinq of two or more
Councilmembers. The Mayor shall be recognized
as head of City government for all ceremonial
purposes and for purposes of military law, for
service of process, execution of duly
authorized contracts, deeds and other
documents, and as the City official designated
to represent the City in all dealings with
other governmental entities. The Mayor shall
annually present a state of the City message.
Section 2.
That Section 2.02 "Mayor and Vice Mayor" of the
City Charter, is amended by revising subsection (b) "Vice-Mayor" to
read as follows:
Section 2.02. Mayor and Vice Mayor.
(b) Vice-Mayor. During the absence or
incapacity of the Mayor, the Vice-Mayor shall
have all the powers, authority, duties and
responsibilities of the Mayor. Annuallv A-Et
the first Council meeting after eacR regular
City election, or in any calendar year in
,;hich there is 1'10 rc~ular City election, at
the fiJ:ot CouBoil mcctiF.lg in the month of
November of such year, the Council shall elect
one of its members as Vice-Mayor.
Section 3.
That Section 2.05 "Vacancies; forfeiture of
'Underlined text has been added; struck throu~R text has been
deleted from existing language.
2
office; filling of vacancies" of the City Charter, is amended by
revising subsection (c) "Filling of vacancies" of this Section, to
read as follows:
Section 2.05. Vacancies; forfeiture of
office; filling of vacancies.
(c) Filling of vacancies. A vacancy on the
Council includinq the Mavor's position shall
be filled
(i)
as follows:
If the vacancy occurs on the Council
and less than six months remain in
the unexpired term, the vacancy
shall be filled by vote of the
Council. If the vacancy occurs in
the office of Mayor and less than
six months remain in the unexpired
term, the vacancy shall be filled by
vote of the Council from amonq its
members.
(ii)
If one year or more remains in the
unexpired term, the vacancy shall be
filled by a special election to be
held not sooner than 30 days or more
than 90 days following the
occurrence of the vacancy.
(iii)If six months or more but less than
one year remain, the vacancy shall
be filled by the Council as provided
for in paragraph (i) of this
subsection (c) unless there is a
City, County, State or a national
election scheduled to take place on
any date(s) within such period, in
which case the vacancy shall be
filled by special election on the
first such election date.
-f4>,H- If the 11ayor' G pOGition BCCOmeG
vacant, the Vice Hayor shall
complete the term of Hayor. The
vacancy thUG created on the CeuEcil
oh~ll be fillca in the ffiaRRcr tfl~t
tFlc ~v.acancy of a. CouncilmcmBcr io
generally filled unae:!: thio ChuJ?tcr.
TRC Council GRall tRen appoint a ne..
3
vice P1ayor.
+vi- ..liYl..
Vacancies in Northern Area seats (1
and 2) shall be filled by qualified
persons residing in the Northern
Area and vacancies in the Southern
Area seats (3 and 4) shall be filled
by qualified persons residing in the
Southern Area. Vacancies in At-
Large seats (5 and 6) shall be
filled by a qualified elector of the
City.
~ lY.l.
Persons filling vacancies shall
meet the qualifications specified
in this Article II.
(,,," ii ) lLil.
If no candidate for a vacancy meets
the qualifications under this
Article for that vacancy, the
Council shall appoint a person
qualified under this Article to
fill the vacancy.
(..,iii) (vii)
Notwithstanding any quorum
requirements established herein, if
at any time the full membership of
the Council is reduced to less than
a quorum, the remaining members
may, by majority vote, appoint
additional members to the extent
otherwise permitted or required
under this subsection (c) .
~(viii)
In the event that all the members
of the Council are removed by
death, disability, recall,
forfeiture of office and/or
resignation, the Governor shall
appoint interim Councilmembers who
shall call a special election
within not less than 30 days or
more than 60 days after such
appointment. Such election shall
be held in the same manner as the
first elections under this Charter;
provided, however, that if there
4
are less than six months remaining
in the unexpired terms, the interim
Council appointed by the Governor
shall serve out the unexpired
terms. Appointees must meet all
requirements for candidates
provided for in Article II.
Section 4. That Section 3.05, "Bond of City Manager" of the
City Charter, is amended by revising this Section to read as
follows:
Section 3.05. Bond of City Manager.
The Citv Council may provide by
ordinance for ~ the City Manager ohQll to
furnish a ourety fidelity bond to be approved
by the Council, and in such amount as the
Council may fix., SQia Bona to Be cORaitioRod
OR the faithful f)erformancc of hiD/her
dutieo. The premium of the bond shall be paid
by the City.
Section 5. That Section 3.11 "City boards and agencies" of
the City Charter, is amended by revising this Section to read as
follows:
Section 3.11. City boards and agencies.
Except as otherwise provided by law, the
Council shall establish or terminate such
boards and agencies as it may deem advisable
from time to time. The boards and agencies
shall report to the Council. Members of
boards and agencies shall be appointed by the
~1ayor oUBj ect to the aE'F'ro'.'"Ql of the Council.
Section 6. That Section 5.01 "Elections" of the City
Charter, is amended by revising this Section to read as follows:
Section 5.01. Elections.
(a) Electors. Any person who is a
resident of the City, has qualified as an
elector of the State and registers to vote in
the manner prescribed by law shall be an
5
elector of the City.
(b) Nonpartisan elections. All elections
for the offices of Councilmember and Mayor
shall be conducted on a nonpartisan basis.
(c) Election dates, A general election
shall be held in each even-numbered year, on
the day of the second State primary election,
or if none is held in any such year, on the
first Tuesday following the first Monday of
October. .~ yun off election, if ncccooary I
ohall be held iR No';ember ef each even
nURlBered year, en the same e.ay U. C .
con~rcooion~l clcctiono arc Rcld, or if Ronc
arc hele. in aB.Y year, on the first Tuesday
follO'.dng the first 1101'lEiay of said month and
year.
(d) General election, The ballot for the
general election shall contain the names of
all qualified candidates for Mayor if the
Mayor's term is expiring and for each of the
three Council seats which are to be filled as
a result of three Councilmembers' terms
expiring, and shall instruct electors to cast
one vote for Mayor, if applicable, and one
vote for each Council seat, with a maximum of
one vote per candidate. The candidate
receivinG the hiGhest number of votes in the
election for Mavor shall be dulv elected
Mayor. The candidate receivinG the hiGhest
number of votes in the election for a Council
seat. shall be duly elected to that Council
seat. If a tie vote occurs in the election
between two (2) or more candidates for the
office of Mayor or for any Council seat (s) .
the tie shall be decided by lot under the
direction of the City Clerk. If aB.Y candidate
for Ha.yer rccci ~,,~co a number of .y.OtC8 grc::ltcr
than 50~ of the total B.umSer of ballots eaot,
such candidate chall Be the dull' elected
P13.yor 1 and no :I:UFl off election fo); P1a.yoy ohall
BC re~uired. If any candidate (0) for a
Council neat rccci.y.c (0) 3. number of .".otco
greater than 50~ of the total Humber of
ba.lleto caot, ouch candidatc(o) ohall be duly
elected to the Council and no run off election
for that Council ceat(o) shall be rc~ired.
(e) Run off election. The ballot for the
run off election shall cOB.taiB. the names of
6
the t'i.;O c;J.nElidaten for P1ayor, if applicable,
.:lnEl the nameD of the t."w~O candidates for each
Council 6e3t ;;he recci7cd the moot 70tCO in
thc gencral clcction. The Ballot sHall
inotruct electoro to cant one .,,-ote for P1ayor
3nd to caat one 70te for each Council Deat,
\w"ith a maJrifRufR of one .,,-otc J?cr candida.te. The
c.:J.nElis.:J.tc for r1.:l.yor :cccci .,,-in~ the moot .,;otco
ohall be thc duly clected Hayor. Thc
c3ndid.:l.te for e.:lch Council OC3t rccei7in~ the
most ..rotco OR.:lll Be duly electcEl to taat
Council OC.:lt.
~~ Special elections. Special
elections, when required, shall be scheduled
by the Council at such times and in such
manner as shall be consistent with this
Charter.
1Il~ Single candidates. No election for
Mayor or any Council seat shall be required in
any election if there is only one duly
qualified candidate for Mayor or for any
Council seat.
igl-ffrJ- Absen tee votes. Absentee voting
will be permitted as provided by the laws of
the State and under such conditions as may be
prescribed by ordinance from time to time;
provided, however, that no ordinance shall
limit the right to vote by absentee ballot
available under State law.
lhl+H- Commencement of terms. The term of
office of any elected official will commence
se....en dayo follmdn'3 thc Bay of the regular or
opccial elcctioF.l .:l.t 'i.;hich D/hc in clcctcd. on
the first Tuesdav of the month of November.
Section 7. That Section 7.03 "Conflicts of Interest; ethical
standards" of the City Charter, is amended by revising this Section
to read as follows:
Section 7.03. Conflicts of interest; ethical
standards.
All
employees
standards
employees
Councilmembers, officials and
of the City shall be subject to the
of conduct for public officers and
set by Federal, State, County or
7
other applicable law. The City Council may
adopt additional standards of conduct and code
of ethics reQUirements that are not
inconsistent with Federal. State. County or
other applicable law.
Section 8,
Form of Ballot.
The form of ballot for the
Charter amendments provided for in Sections 1 through 7, inclusive,
of this Ordinance shall be as follows:
1. APPOINTMENT OF COUNCIL SUBCOMMITTEES.
The Charter currently permits the Mayor to create and appoint
subcommittees of the Council. The Council has proposed that the
Charter be amended to provide (1) that Council subcommittees
consist of two or more Councilmembers and (2) that consent of the
Council shall be required for the creation and appointment of
subcommittees.
Shall the above described amendment be adopted?
Yes
No
2. CLARIFICATION OF APPOINTMENT OF VICE MAYOR.
The City Charter currently provides for a Vice Mayor to be
appointed each year. The City Council has proposed that the
Charter be amended to clarify that the appointment of Vice Mayor
shall be made at the first Council meeting in November of each
year.
Shall the above described amendment be adopted?
Yes
No
3. FILLING A VACANCY IN OFFICE OF MAYOR.
The City Charter currently provides that if the Mayor's position
becomes vacant, the Vice Mayor completes the Mayor's term. The
Council has proposed that the Charter be amended to provide that a
Mayoral vacancy shall be filled by vote of the Council from among
its members or by special election, depending upon the length of
the unexpired term of the Mayor and the occurrence of an election.
Shall the above described amendment be adopted?
8
Yes
No
4. CITY MANAGER'S BOND.
The present City Charter provides that the City Manager shall
furnish a bond but does not specify the type of bond. The City
Council has proposed that the Charter be amended to provide (1)
that the City Council may by ordinance require the City Manager to
furnish a bond and (2) if such bond is required that the form of
bond is a fidelity bond.
Shall the above described amendment be adopted?
Yes
No
5. APPOINTMENT OF MEMBERS OF CITY BOARDS AND AGENCIES.
The City Charter currently provides that the members of boards and
agencies of the City are appointed by the Mayor, subject to the
approval of the Council. The Council has proposed that the Charter
be amended to provide that members of City boards and agencies be
appointed by the Council.
Shall the above described amendment be adopted?
Yes
No
6. ELIMINATION OF RUN-OFF ELECTIONS AND MAJORITY VOTE
REQUIREMENTS.
The City Charter currently provides that run-off elections are held
if greater than 50% of the total number of ballots cast are not
received by any candidate for Mayor or Council. The Council has
proposed that the Charter be amended to eliminate the 50%
requirement and provide that the Mayor and Council seats be filled
by the candidate(s) having the greatest number of votes, thereby
eliminating run-off elections.
Shall the above described amendment be adopted?
Yes
No
9
7. CODE OF ETHICS.
The City Charter currently provides for Councilmembers, officials
and employees of the City to be subject to standards of conduct
established by applicable laws. The City Council has proposed that
the Charter be amended to provide authority for the Council to
adopt additional standards of conduct and code of ethics
requirements.
Shall the above described amendment be adopted?
Yes
No
Section 9.
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 10. Inclusion in the Charter. It is the intention of
the City Council and it is hereby ordained that the provisions of
this Ordinance shall become and made a part of the Charter of the
City of Aventura, Florida, as to each Charter amendment measure
approved by a majority of voters voting on such measure in such
election; 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 11.
Enablinq Resolution.
The City Council shall
provide for enactment of an enabling resolution submitting the
10
proposed amendments to the electorate pursuant to Section 5.03 of
the Dade County Charter,
Section 12.
Effective Date.
This Ordinance shall be
effective upon adoption on second reading, and each of the Charter
amendment measures provided herein shall be effective only upon
approval of a majority of electors voting on the measure, effective
upon certification of the election results.
If conflicting
amendments are adopted at the same election, the one receiving the
greatest number of affirmative votes shall prevail to the extent of
such conflict.
The foregoing Ordinance was offered by Councilmember
who moved its adoption on first reading. The motion was seconded
by Councilmember
, and upon being put to a vote, the vote
was as follows:
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
councilmember Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
The foregoing Ordinance was offered by Councilmember
____, who moved its adoption on second reading.
The motion was
seconded by Councilmember
, and upon being put to a
vote, the vote was as follows:
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
11
PASSED AND ADOPTED on first reading this ___ day of
, 1997.
PASSED AND ADOPTED on second reading this
day of
, 1997.
ARTHUR I. SNYDER, MAYOR
ATTEST
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL~IENCY: f'
CITY ATTORNE~ ~~
328001\Ordinance\Election
1 ?
SUMMARY
I. GOAL - ENACTMENT OF ORDINANCE TO ALLEVIATE TAXPAYER
COST AND HARDSHIP ON PROPERTY OWNERS ARISING FROM IMPACT
OF ACQUISITION - (sample ordinance set forth in Section vn of snmmary)
n. PRESENTATION:
1) NONCONFORMITIES IN "BEFORE" CONDITION (PRIOR TO
ACQUISITION),
2) NONCONFORMITIES IN "AFTER" CONDITION (SUBSEQUENT TO
ACQUISITION) IF NO CURE IS IMPLEMENTED
3) NONCONFORMITIES IN "AFTER" CONDITION ASSUMING
IMPLEMENTATION OF A FEASmLE CURE--
IMPORTANT TO NOTE THIS CURE IS JUST AN EXAMPLE OF ONE
OF MANY DIFFERENT TYPES OF CURES WHICH COULD BE
IMPLEMENTED
Ill. PARCELS WHICH ARE WHOLE ACQUISITIONS BY ENGINEERING
DESIGN - BISCA YNE vn
A. ADVENTURA SICK ROOM SUPPLY - Parcell 08
20400-20434 Biscayne Boulevard
B. MUTCHNIK PARCEL - SIN CITY TATTOO, TAROT CARD READINGS
Parcel 11 0 - 20093 - 20107 Biscayne Boulevard
IV. PARCELS WHERE NO CURE IS PRESENTED HEREIN WHERE
IMPROVEMENTS ON REMAINDER MAY NOT REMAIN
A,
JIFFY LUBE - Parcel 105
20175 Biscayne Boulevard
B.
AMOCO - Parcel 114
20708 Biscayne Boulevard
c
RETAIL CENTER SMOKER'S DEN - Parcel 103
,
20093-20107 Biscayne Boulevard
V. PARCELS WHERE SAMPLE CURE MAY BE IMPLEMENTED THROUGH
AN ADMINISTRATIVE REVIEW WITHOUT A VARIANCE
BISCA YNE VII
A. Parcel 102 - LINENS' N' THINGS, BORDERS, CHILI'S
19905-19925 Biscayne Boulevard
B, Parcel III - PROMENADE
20335-20695 Biscayne Boulevard
C, Parcel 113 - DENTAL OFFICE
2797 N,E, 207th Street'
BISCA YNE VI
D, Parcel 100 - BARNETT BANK
19645 Biscayne Boulevard
VI. PARCELS REQUIRING VARIANCES IF SAMPLE CURE IS IMPLEMENTED
BISCA YNE VII
A. Parcel 112 - PET SUPERMARKET & RETAIL BUILDING
20610 - 20680 Biscayne Boulevard
Variance required for landscape buffer - reduced to 4' from required 7'
B, Parcel 118 - JEWISH CENTER
20400 N.E. 30th Avenue
May require variance for parking - subject to confirmation of approved site plan -
Loss of 10 out of 166 spaces on site
BISCAYNE VI
C. Parcel 100 - ONE TURNBERRY PLACE
(19495 Biscayne Boulevard)
Building setback ranges from I' to 1" short of required setback - variance required
BISCA YNE V
D, Parcel 102 - BAGEL COVE
19001 Biscayne Boulevard
Variance required for landscape buffer - Reduced to 5' from required 7'
Variance required for building setback - Reduced to 9' front setback from required 20'
E, Parcel 108 - SONNY'S CAR WASH, SPEEDY LUBE
19255 Biscayne Boulevard
Variance required for parking - 1 space less than required parking
Variance required for landscape buffer - Reduced to 4' in front, 2' on side
Variance requireJ for building setback - Reduced to 8' in front from required 20' and
2' on side from required 5'
F. Parce!101 - LOEHMANNS PLAZA
18901 - 18999 Biscayne Boulevard and 2711 N.E. 187th Street
Sample cure not finalized - General assumptions and estimates are made to analyze
potential variances
Variance required for landscape buffer - Reduced to 5' front setback from 7' required
VII. MOTION TO DIRECT CITY ATTORNEY TO PREPARE ORDINANCE
A. Sample Ordinances and Codes
1. STUART ORDINANCE
A. Providing DOT standing to apply for and obtain approval of cure
B, Setting forth standards for approval of Certificate of Conformity
2. DADE COUNTY CODE
A. Providing for administrative variances - Setting forth of parameters
where administrative variance may be granted under certain
circumstances
CATEGORY
Parkin!!
1/250 Retail
11300 Office
1/50 Restaurant
Landscaoel
Setback
7' front
5' side
Si!!na!!e
Buildin!! Setback
BISCA YNE BOULEVARD VII - PARCEL 102
(Linens' N' Things, Borders & Chili's)
(19905 - 19925 Biscayne Boulevard)
EXISTING
NON-CONFORMITY
AFTER TAKING
NON-CONFORMITY
UNCURED
AFTER
CURE
None
6 spaces lost
but meets code
None
Yes-but
amortized
None
None
16 spaces lost due to
taking and 10 spaces
under code required
parking
None
Yes - varies from
0' to 7'
Yes - but
amortized
Yes - but amortized
None
None
Comments: Administrative approval -
Site parking and landscaping can be cured without variance,
'\
i\
\;';;
'7,
C',
~
~
'~'~\"""'tIO
i <~
: " --
\\ .
'\
\"
\\
'.I.
\ J
\"
\, ",
'\ i
\1
'\I.,:
THE REMAINDER - PARCEL
(As Uncmed)
~ J
~,~::,,- ,. 1
. " 1
I
.. i
I
I,m"","
I i
I
~
'I
'.
14 ~~
EO~M
~ r;:~;=::::'~~,
/( ,,"
\' (i"l,
.' .1."
ir-d
!I: I
":.]
'\
,
I
I
\J
,
\
'\:
,.~
-n_n_
'''-'''::'~~__'_____'_[",fjo;S 'I:7riO,f;;"i =__~ '-:- _~_ ~
FeN _n,' -,'~i,43~)- IRQ'~ ~ ___
_=~~' ~~.~,,- ',~"', ,0"',,' -~~ "1"1 (il'I..I'iTT II rr{): II j ~
LA ROil --- _n.____ 'To,n'[-1 I I) I TeE-:;
iTITT'I!'I!!I]lilli! LJ I . ~
-' I I I I ,,' J' f, ~
t:;,L[~'-aa'BS'_'_'_.l -
"'!I'U-"(27,a911A)..1
.. _.1
'T. ~=:\ I
~\:1 \
-- -, :-1 \~
. I;:
I':
I"
I;
10
lE-
I
I
I
SKETCH
S
1
I
,
I
[
\
i
1
~\
I'U-
\\',."
\ ------oo-- .
c.
:)
\
'1\'
m"
.n_
OF
~~_.
] ~
__._n_n_ _n_._
~ ~
51~,10"--(iS61.00Ml----'-'-"-.,---"---.-.----'---
1 SrORY
CBS BUILDI
34,876 SF
NG
-\'
. .
. .
~ c;
1 STJRY
C3S BUILDitlG
3G,11H SF
~o
"'
o
----- -..-.----.::::
~\\..
, 1-
t--
..
----C
1
02
I~i
_:J
f'.----------'62B4"
I (-,
i~l:~~l~<.~U U
C]f
1 STOR'r
CBS
eUILD'nC
l 4,537 Sf
,~J--
I l__1 \
m!
,
.L
I
1
\
r---
fj
J
I
L
T!
n
;,J
~
-30 0 30
~
lJiSC
';\'10'
131,
'D
THE REMAINDER
(As C1LTed)
\
\
\
'.
\,
\~.:::
I.n.m
I
[nn.n
....\
SKETCH
--.-'
I
_: ]
OF
..'1
--~--I
:::;'--1
--~~..j
~\
'."\
\i
;1 ;;
", .,"'1 ~,
.. "
\
\
1 STORY
C,B,S.BUllDI
3~,876 SF
.G
"I"'
::l ;j
i;; ":
10
1 STORY
CaS8UILJ
30,104$F
PARCEL
;fl::;
"
i
,
i
~o~~
o
"
1
02
\
ii'. I ',,.,,
U:lS
BiJIUil'IG
--14,5375F
L-l_
I
.ILL,
I
\
\
Lr
J
\....,,'
.---
L)
F
\
i.
i,
-----,6---------
,.,
J
,
30
I
~'~=-:::-~
o
_-J:-:-.:j-
=:
~o
lit
BEFORE
.QST
UNt.
sp.-1crs
ErnE
4, AFTER 0
Tr-f)\,'lf
, tit J
6
...,
I
\
,..
_...1-__
27
~=-.~
BISCAYNE BOULEVARD VII- PARCEL 111
(Promenade Shoppes)
(20335 - 20695 Biscayne Boulevard)
CATEGORY EXISTING
NON-CONFORMITY
AFTER TAKING
NON-CONFORMITY
UNCURED
AFTER
CURE
Parkin!! None None - potential None
1/300 Retail Loss of 163 spaces Loss of 93
1/400 Office & from 858 surplus spaces from
out parcels 103 compact, 60 standard 858 surplus*
Landscape/
Setback None Yes - 0' buffer 10' buffer at
203rd Street
provided -
No variance
required
Sil!nal!e None None None
Buildin!! Setback None
None
None
Comments: Administrative approval
Assumes unaffected compact spaces on site do not have to be brought up to code,
but allows for cured spaces as standard size code compliant, Cure provides for
building area reduction of 11,230 sf
*With building area reduction, less spaces are needed so net loss is actually 56
spaces.
L'l
p~OMEH~OE SHOPS
"
u
[~'
~/ ,- ',C,
~~'''.'
-""-'"
~t~;c:e"~:"~~-~
"
.
fj~'
",-'.c, ,-';:>
: :,,;'~ ,,~,., nl,
- -~ ..:
,
,'--
"
_-.:
--
II
Lid
.
.IIUl"I_
.
--6::_
,- -'I
1_ l-_
--
.
~
SITE PLAN BEFORE
E9- ~:C~L me, . BISCA YNE BLVD
, ~.~,---_.,
\::;"-'~ ;C~ci'. '" . ICO'.~'
.03105
./,-
c~"'"
,-
\-=-..J1, "I
--- L-J
,,,,c,,",,,
e,.c"
, 1
~~~f;1
I
~ -
I
.
~~,
"
,
~
11,\
~
I,
~i I-
-~
"
.
.
"
"
lJ
I~]O.,,,
~ " ,,~
l~"Cc\"
,t t t
,,~~ ,,= ,
.
c
-
CONDITIONS
BISCA YNE BLVD
POTENTIAL
PARCEL 111
,-
N.E. 2O"'d smUT
,-
EB'
i 0 :0 ~" 'cc
. ~d~
~F'h"/'.'.0_
"e",- 50"c~. '::OO'-C'
BISCA YNE BOULEVARD VII - PARCEL 113
(Dental Office)
(2797 N.E. 207th Street)
CA TEGORY EXISTING
NON-CONFORMITY
AFTER TAKING
NON-CONFORMITY
UNCURED
Parkine None
11300
None
Landscapel
Setback None
7'
None
Sienaee None
None
Buildine Setback None
front 20'
side 15'
rear 20'
None
AFTER
CURE
None
None
None
None
Comments: Administrative approval
Sl==~_~<
=!~"
lU
>
<J
:::r
-"
Cij
C'I
l..'.~'~
.~
l'" II
~- i'n
,:~~~/
~I /
fl~/ i
/( N='JJ ROW
ST
,j
Z
=/
E/
,
,
E/ISTI~G: RC:.:..
$ EXISTING CONDITIONS
PARCEL '13 . 81SCAYNE BLVD
~C"T~ ~o
- - - - - - - -
::j s'" L';::'" S-.:..- c'-
H ~ ~~ J:
- - - - - - - -
--- -.-.-.--.----.--------
N::: :'C'I ~~ L /::
,c..
III
>
<1
::r.
~~
llJ
'""'1
- - - - - - --I
,
,
~I .
,/ /
:/
.-J;
---- "'.:':.,..,RDUJ
w
Z
::/;ST S:c:.E,,-,-c..K
1
"-::/i5T S:e:,,<
~;ru'l
i-II~
~c:~c! ,
<,
_ ;:T S"''':'' - :;'.
"
'.,
.,
I
I
~I
~I
i
E/ ::-
POrENTlAL CONDITIONS
PARCEL 113 BISCAYNE BLVD
- - -
~" -- -~
$
NC"T~
- - - - - -
------ -----------
~, 2C' " I::
BISCA YNE BOULEVARD VII - PARCEL 112
(Pet Supermarket & Retail Building)
(20612 - 20680 Biscayne Boulevard)
CATEGORY
EXISTING
NON-CONFORMITY
AFTER TAKING
NON-CONFORMITY
UNCURED
Parkine:
1/250 Retail
1/300 Office
None
None
Landscaoe!
Setback
7'
Yes - grandfathered
Site plan 5'
Yes - 0' buffer
Sie:nae:e
Yes - Grandfathered
Sign demo
Bnildine: Setback
front 20'
side 15'
rear 0'
None
One building cut by
right-of-way line
requires demo
AFTER
CURE
None
Yes - variance
required for
reduction to 4'
None - new
sign per code
None
Comments: One of two buildings will be demolished - right of way line cuts through building.
ill
c;
Z
ill
>
.,
5
'"
,
- -
-- ~----'----
-~ --
-- --,
- - ~"
---'-' ~ J-,
---',c--- 'l J ,,'
1- -r;i
--t-"l
~ I
r, _~
::.",~ ~~::(,.
5~~='W'':''<;:<.='
';Cb30
R=::
-,
~
C I '.r,
N :::
.
~
, .
:;8-
~'~_~-
--
,n
iY
'D
III
Z
'~I- i,~:---'--- r-'--
I !, ~~,,,,':~_.:.:,;
I, I I
o
iY
7
-'-
"'
~
J
o
aJ
---
I ' ! I
I' I +'+'~ ,~"~~, I
~~L~- _L~~--
L ,'- ,","",
iTFp-iil n--
i' r~","~il ,mi.; LJ '~~'f
t---
Ii
',1-
L____
, .
1; :-
".-l~L
I i,~ "
li'-r--
, --','-
j !--~--
,"
()'nCl
~ tli :;
<Ii ~ ~
,.
~ 3 ~
ewe
~. [( "
3
I'
,"
J:
,..,--.- ":"',
v' ,'- ....-'- -'
---'-.--
S":":: L~::':::' = ...:.:; S'~8 S~
::::":';;;:K!\.;G p~:; I;~'=::' 05 S::::":'S::':S
&,
<-
7
U
'"
IV
==' I..i ' ! ,--"-
Ir--- -ft.., ["~"'~=! I
~7-L _J i -, -"'.-3 '- _h,.,:_J_~
/------------~\ .-::::>~
L,
lU
,
d,
S-R::t::T
EXISTING CONDITITONS
,
-E& ~:RC,:L 11~= . BISCAYNc:,B:~D
:\CRT;.j
::C0:~
h.::
ill
>
'l
-5
'"
"
ui
i
~ ='-:::
---
--------
l ~ , __-----
-----,-------------------=---- -
r --=- -I :~_/ ~S;~~~.. =::, ~~~-~~ ~~
'---- --~.:..
e---- .. ~
., ..
0'
c
"
:\
'n
0:
/
'-E.-
;~-;:
~-
/,~, "o__j;;,-:,-'~-'
"~--~t-- ~
~
,
D-
,-
',-1'--
,
~ - ,-
o
aJ
";'
..
".::"..,-
~ ..
'<::",
'.
/
~
,
i, ~;
r~-~J
,
L----
"-\ (~)
"-
'I
" 1-.----
','
,
(.l,no
iiJij'':.)
'" 2 ~).
..
~ ~ ~
~ \It 8
'I
"
CI
\l
CI
::.,t: l..-- -
----
S:E J.R:::'"- 5:::r=OR::: 45,C::'~Z S;:
51;-:: t.R:::':':' PCTE:-';Ti';:'~ = 35C5C SF
:::";:~D:r.;G: ...:.~=.::::. c::FOR::: : 15~:3
BJ;L..C;;-";G ...:.~=..:. ~Ci=N"'iL~ :::;...;.:'
'"
<
-,
U
~
I;j
/
p ,/
~-----
//- ~__1...
,____----fT-.-
- --0
IU
,I
-,
Ll
::;-.
SF":'C:::S
38 Sp...:.C:::S
P.c:.:;;:'K!NG FRO /DED BEreR::: 0?
F...:.;;<:<NC: PRC/:::::'=~' =(:;::\:1"'::'_=
="':'R<':NG Less, SP...::.C:::S
,-~
CONDITITONS
. BISCA YNE BLVD.
----~
o:.r:: ~:~,~;
POTENTIAL
PARC
112
"Q'
~- cO '0
~~
\0:;::-"" tc:.:.:..E, I" . be-c'
ST~::::::-
:C:O~/'
~,LE
EL
CATEGORY
Parkin!!
1/100 Assembly
1/3 00 Office
Landscaoel
Setback
7'
18% open
space required
Signa!!e
Buildin!! Setback
front 25'
side 15'
rear 25'
BISCA YNE BOULEVARD VII - PARCEL 118
(Jewish Center)
(20400 N.E. 30th Avenue)
EXISTING
NON-CONFORMITY
AFTER TAKING
NON-CONFORMITY
UNCURED
AFTER
CURE
Loss of 10
spaces out of
166
None
None
None
None
Loss of 10 spaces
None
Yes - 0' front-
open space IS
non-conforming
None
None
None
None
Comments: Must confirm site plan - may need variance for loss of 1 0 spaces,
r~~~~~~
'2,
~
~
~~~T
.-'----~ ~-..........
,---------.---- -'-',
,~,
~
::;/:,,->,::'
:os SSG :; ~
--.:;""
,
>-
w
w
"'
>-
"'
E
~
o
N
oj
..
"'-.:;,~'
,::;~ "'S,c:.,
~
,
- -
EXISTING CONDITION SITE PLAN
PARCEL 118 BISCAYNE BLVD
- -- -
" ,,:;;
G
;::::<;--
~,-- - ,- ,
;0 := ....--'-
5~= -'-"'=-'- , :-'::7 0-'~
G"'==" 5"'':':::: ',~ -:;S S::
0:"'=::\S"'':'(::: R':'-i::7 ~
'GS 5"'-'-(::::::'
"',':''i:<\C: F~O lie:::
N.E. 30th--jI,VE.
<?
-,
"
-,
-~.~ -"___.o-"
-~- --.........
s
;:;/",-"s
"'''''''''''''''''.c-
,: -C::"2'
s
J~/
,/ ---
I .
~
w
w
~
~
"'
u
~j
o
N
W
Z
~'l,
~} <r
--
'if
";-
-
-
"2.C_:;'"
='" "'--~
b
--- -.------...-.-
---...-----
'-
'?
"">
I ,
,----,-1
- -
- -- - ';'
" -
,
- -
NE 30th AVE.
"
CONDITIONS
BISCAYNE BLVD,
POTENTIAL
PARCEL 118
r ~ _~
~ ~ --
:;',= c.,_'~
s:~:: ..:.~::_ , 306'; S
G~::::'\ S:=':'C:: -..:. -..:' s=
G~::::\S"'':'C:: ::;:':'+10, 'S'
"c
"-:c.:.
___u
8
"c'<''-'
",,,,'r"''''
:"-:":~X\G :=~:J/::':::; ::s
=':'I'<<>;G ~::ss - c S"'':'C::S
BISCAYNE BOULEVARD VI - PARCEL 100
(One Turnberry Place)
(19495 Biscayne Boulevard)
CATEGORY
EXISTING
NON-CONFORMITY
AFTER TAKING
NON-CONFORMITY
UNCURED
Parkinl!
None
None
LandscaDel
Setback
None
None
Sil!nal!e
None
None
Buildinl! Setback
None
Less than l' short
AFTER
CURE
None
None
None
Less than
l' short-
Variance
required
"."'m"'.......,.,"
,.......C-!.. ~j
...."..,,'"'-'<'"....."""" ,""'...,.",......_"""......",,...,..
,
"""''"'""..'''-"'''"".".,,..'''''..... "'-""""" "'""",,,
'''''''><>"....-."."",<00>11."...".,,,........''',..............,......,.'''''''''
,"',,.,.,......Ur,I"" "... """"'..nn=ca'''''''''.''I''II''l..I'''........,.,
""",..".".,.".,.,..."""'........,..."...."".,,...,.,,.,,..,,.."",.,...
m.''''.'''fWt,.''''.'''''''"'''''o,.".n.o'''.,''''''''',.,.,.,......._''''''......
,utO,.."''''"",peo",,,,,.,.,'''......'''"'''''.....,=''''''''"'''".....,,,"..
""..., "'''''''''''' "''"'''',."...'''''....''''' "...,.,........'"'""".....u
,,' ". "...... u.:; "''''''''' ...~r ....., ""'"'" " n',,,, ""''''0.'' r=..
~""'''...._''':;..'''......."...........'"'-'TUfD''"''..._'''''''''''''''
"."."..,."."1.1....,.,_"'.,.,,"..."""1.;.,-.._
.,."'01',""',,........, ''''''''';.,..,...''''.'''',IT...,.......'''''"'''-'',
'<<'Of ....,.u.n." "" _..",.., j-. no... '" ,,,. "'..........,........... .,~
..."""'m'...r<n..."..,.,...'."!'"..,.1l'l.........."...:'""'"ll'..OJ.'"'1,
...""I'l'''.,1..''''\''.''I''II''lI_'''*.'n(II''''''............_~..,
"""'''''''''' ':lfD<<'H'''''''' ...,,'....., _..,..,.....,...... ".:
n.IL ........,.,"".. ""..."'.'1""""..."""'>t.<..................,......~"'"
"'"'''.''' ""r_ "" """'''~''''<<J'''', """"'.._......__...,1<..
."."'...."''''.::."....,,.,'''''''''''....trt.'''....._,......._'''..,,....,,.
,,,.."',,:,,""",,,,'....,,,,"'..:."""'...;-"', ..........,."..""
""m;" ~"'"".~.,.,.,,-."'....,,.,.,,,; ~,,,,,,,,,,,,",_.,:--,...
r.,~"'=.".,.,"..",..,...
''''''''''_<T.::>''''..,,,, .".."'"".=>'71."".....",."........"..
lrl"="''''''L''''
^
/
/
~
"
~
Q
O~
~
(,<
o
5KeTC~ Of
~UC-I'.!>:5
f.:J
;z C
~O"' >
".~~o.'~ \.
{~,'"
~2"" 5'
.. .' !Q
'!, .,-r~T'Q"~!
~,L ,"';..-,"''''; ,"'
,,' ,
~.. ;:,~
<' ~" I
\ J I
~r~
~~',:~~I
"
,0
,
...tu.;DC.-'..a'fl'.~
"'7:;...:"Q
,;,,,.1;>',
c,
,
~
-
v?~~~"~ _,
''-----
G;o:"t.,'L '::,
~
,7;:'-::..~":';,;;-~:-"- ~--'..
{
~..<
~
:... ~"U--<,0 '~tl(A ,~'
;~i.~'~~" ~'Y" U;1.(-,;I.~,
1';':"d()I'\'~) I.;;i
(>", ('l~t
l.i
JU.,{;,,:'
'~
,'Yj
.o:n', 11"~
"".~.""'-4'L
.,
>~
'~ ',~l
""'0"."" ".OIY.........,,""'
., TIIU.. U ~'",..., "UKOT '" TO
:.~<;'~:-'~:~.:';~ '"0"
yV:",,--
~ o. .....
"'00'.''''''''''
".r1.",0,.
~rro;b'~~j;l:.;..'.:i;."C>("""..Ii"...."""""
"
0.:0,,.
O'''''LlO'O
""""'C"""_"""C""""OO"'
'NO''''''''''''''"".,,,"o,,,,",
, '"'O.'nL.'...""".".....""
; :~~::",~';,~;~:'~' .;:;;:;:~.~~;~~o~~.:~.~;:~;;" "'0" c...,
'.0".0.'"'-'0."0'''-.'.,..'....,
0"" '......."" ~_'O. ..""".t". . '"00'"" """" ...",.,",
~~'-
".
-.,
'''''
"..
mY:.
....,-d' fl',
"""'",,,"'...,,....,.""'....,""......"'"
''''''. "',,=......, "'''''''''."."~ ,.".
trn '" ......"-~',., ,. " .... ... ......., ...
~''''''''''...,_."'''".......'''.,,..
.,.....
.,,,"""'0.""'''"'''''''''-'
" 'n' -co., "''C'"''
.""""",,,,,,,,.,,,~
..... "",,"W '11'''O''''I'!''
", ."...,~"" m....... .
". ..,.", ."row.'. .
'.'.".".cr w,,~.am "" ~1I
"'1._ P!'~U ,""OV IIlIL"~ 111~.
. . ",ITU "'''" wi'.
U..""'H.lI""tT!."""",,,,,.
0: ....""'''''lfl..'''....
" . ""'<lW"'tIJ. ,
'., : ;;:;~~ :i~:;':"''''''' l"~
. ".."""""...,,,,
t . ~-,,::,,",'
~ ,~{,,-~
~,."._,.,~ O~"~,.....o.
;:,:,',;.-: 1;.;>;J,~}~::"~".)
-...-.,.,,"-,
" ~...._ ... ..n-' ,.",..~.."
~",. ,{ ""'''''0
i;_~'''~'', ''''':-<':>C.~;:',<-
bs.~"'('
;[
.1
't
.'
'.... "",~"",.,..
r
~
.
~
"
~
u
z
<
,
"
~
,
<
3
.
~ ~"
.'.
"lHI
"""~""''''U'.
...-.-.....
:::::::.:,::;"'
r
-.:-T....
/-
--------------
//--'""9 STORYBUllDl~';
// ~=~~;.:_ ~-"{'''touoa:l
I ,1'.0'1"".1
-----11
...,..~..
4U\'WOAL
ll,Or UQ~llfD
Jl' DllrfEJ[~((
'>
,
~
'".'''
/
/
I
,~N ,"@
~~"".-..:;m.--:-'"""-H'...~iI
T.''''
~!M!
I
ri
~I
..
lUJel11
'!.lllll......
"u..,...._.."............
...1..'" ,
. ,.,,,.........,"<-~,.~..~..
"H'''''''_'
.""-....,, '.,....-.,
..,_..,,".....".H....
."""..,.""..
-,-
-"', .....'
......--... ..
"""."-,-, ..
(;(~(RAllAAOSC...?:NC ~OT(S
.) ........._To..run."'''''''''..'''''
,)""'...,....;...."""""''''H.....",.'.''.,,'''''''"_
'l'."''''''.'''' "''''''''''''''''''1-''''''''''_''_
.)"'OOII'llML""".".'.."',""........"....""..''-''''r..''.'tJl
'j """" ,,,>ti III; ~"".""
>--
l(C~L~~qll!".'I1_0!,_
. ."'''''' 'I ,.." 0 a .."""..... ~"H __"
.. '''''''''''' ~.....' """'"." ,,'" 10
"'".,""",-,,,""',"'....,<<,..,,..,,....,.
~~
.ou ~<>~ """"" ~ ,Ie_ >>'" """"""1"'0"'"' """"TT"""
"" "'.,~O """ T'" "-"...
!!..-":~ ~~~~?.~.'..~~.~._~
..'~-
..-
.
ii'"
~....,-,
J!~..-r,..
<.~......
~r~
L:':>
I
___ _ J
lA
~
............
.........-
~,-...._-'"-,.'''
....-..--.
-.-......,."-,.,,
OtEll.Sf;;.:l
---, -~ /\
:"'-_-=oc,,-=-=.~,",~J
"'..
,,g;j,,,,-,~
,-"""..-
a,oolllUCl"ll
\'T':M",,~,,",m
..',.,.,...........
'-"-<.".-...."
__~J
CATEGORY
Parkin!!:
Landscaoe/
Setback
Si!!:na!!:e
Buildin!!: Setback
BISCAYNE BOULEVARD VI - PARCEL 100
(Barnett Bank)
(19645 Biscayne Boulevard)
EXISTING
NON-CONFORMITY
None
None
None
None
AFTER TAKING
NON-CONFORMITY
UNCURED
None
None
None
None
AFTER
CURE
None
None
None
None
Comments: Administrative approval.
BISCAYNE BOULEVARD V - PARCEL 108
(Sonny's Car Wash, Speedy Lube)
(19255 Biscayne Boulevard)
CATEGORY
EXISTING
NON-CONFORMITY
AFTER TAKING
NON-CONFORMITY
UNCURED
AFTER
CURE
Parkin!! None - 7 spaces and 4 spaces and 4 canopy 6 spaces plus
4 canopy!simoniz spaces 3 canopy!
Slmomz -
Variance
required -
1 space
Landscape! Yes - 5' to 7' front Yes - 0' front 4' to 8' front
Setback 0' to 5' side 0' to 2' side 0' to 2' side
Si!!na!!e No - grandfathered No - grandfathered No-
grandfathered
Buildin!! Setback None Yes - only one Yes - 8' front
20' front building (Sonny's Lube) setback and
5' side with 8' setback 2' side setback
Variance
required
Comments: Hypothetical cure, Fee owner and business owner are moving off of site, Existing
improvements to be demolished.
,
,
I,
,
',\
,I
Ii
,I
"
\1
II
Ii
,I
,I
\1
,\
"
1'1
I'
,I
--------.-.-----
r
:i
"
,
"
,
'"
,
'"
\,',
I'
\1
,I
iI
,I
\\11 /
I, I
!I I
I', '\
\ \
~\
1\
II
\\1
II '
111 "
, ,
\1\ '
~ll \
~J
\ \ I
'~ ~'--_',g
~ I,
\ '
,\
Il"i
II'
"
",
-.
133818 pUC;6' '3N
-
~ ~:, ," "I~
, ,~> -1
," -, j IV
\. U \) I
'" d' d) U
I
,
I
_1_,____ -}-
.P-,'.I
"
/',
"
cD
0
<.(
0
IT
W
f--
<.(
f--
(j)
.
'"
0 .,
> '" ~"
, ,"
I \ --.1 " 0
()) '0 u c
.,
, Q II.. ~l
\ ~~. ," ~
W z ,,'
I I' '" U
Z '1 ," .,
i I '" " "
>- ~ ,"
, " <V
., " z
Jrl <.( i" i" "I w
2 o.
~
0 ~) '" ~
(f)
CD
-
,
,
'"
,
r
I
1
I
"
~I
<;':
u
::,:'
''''",'
",,:;"'l
111"d1
,,,
;;:
'"
,,,,
~. / !i
/
i-'\ ,
,')1 ':!
"
oi , :..,'<-
", ,
,,'
"
/ .Cl'- ;.
,-- -
,
I" ,...---.'
1'1---'
'"
"
'-(1
':' "7
"'1
III U
',;C
,,', ~\
/
"
,
\
,[\1
:' ~ 'I,
~;
'11")
,'"
"""
~
/- -~
,_C)_
/
,-'
;r-
133818 pJS6~ '3'N
J
"
,,:
\ ", ,:, ,
.-JJ
W
0:
o
LL
W
OJ
Z
-< "
..1
CL
W'
f- I 'Ii
-,
if) .)~
o
>
..J
lD
W
Z
>-
<(
()
If!
ai
co
o
~
..J
~; W
<:;
0:
<(
CL
G)~
,
"
Ii
"
"
z
"
~
'"
<3
c
"
"
"
"
I
II
I'
II
I
I
II
,I
il
II
1\
1,1
I
"
I,
Iii
"
I'
I
,
I
\,
II
~
l
',I,
"
"
,,~,: 1,\
~ 3 ~I
;,,<1\ II
"\ rrl II
'1"11"
"
lei ,,'/--0
"I, -""
~\\ :~
I,
"
,\
",
/..-----1
11.;
,:l
'"
,~
','I
,,/
,
:'"
"
,
{\,
\]" '''',\
,
,
/ IV
, _;)'1
'" ,n ,I) U
;"i
p'
"~,I
"
CDI "
\J(LJ iJ
1331:Jl8 pUG6,3N
,
t
,
I r- -+,
II II
II 6 II
I i ~ \1
r~-.~tl/'
! I, '9 ,i.
~I~~ hi,
,2._1
I~ I I
i~ 'I
'i I
,- "
11 I'P ,..~
," ,I 1,,\;
~ Ii ,-,,'
;; if:
,,,\I (Ii.___ --l,
111 "
U :;! /
I;)
'-,I"
1't
-.-cFi;'I--~' ;>
;:
"
l::""
I~ I) t\
1 ,/
lI' '-I
""
D
<>
"
,
I
,
,
,
}-- .0' D.
,1.."___
,
.c
jV
:? (1
ill
:,~; I
J,',
'i'I'
'-1---- "
-1--;.,{l. ;> )
I ."-' -~':.'-.j-:-:--;-/
c-)()
,.... "
, ..,-[
d)'" '
'!
"
'"
'i
u
,~ ;'
:V J~ i
"
,
-r
',\"""..'
" ' a~
':i
',I,
/:
/
'I-
-/--
in
"l2
';
,"
.~
I
,
,
,
,
,
I
, i
~
, ,
, ,
,
\
i
,
I
,
,
u,
,~;
~;
c;~
,
,
,,'
9S I
,dOh',:,:;;
{- /-
,
, ,
, ,
,
,
-/---/
--/-/
~ .".
o~~
I',
,
,
1- __ I
.:;)__ I I
, '
''1--
'!J
,', V
l~' :~~ \] I \'
I. .;
\:i
/
I',
i,'
133818 PJS6,3N
,,),,'
'v,
,d'
IL"
/,"
o
>
..J
CO
ill
Z
>-
-0:
o
[j)
(ij
CXl
$2
..J
ill
0,
0:'
-0:1
0.1
z
-<
..J
0.
ill
!:::!
[j)
z
a
'=
o
z
a
o
..J
-<
f=
z
ill
f-
a
0.
"
~
,..,<1'"
," ~'?
~~ Q
:L ~i ~I
0' ,on-:
ZW
," U
,,,"1
WIl
ui ~~- = ~
l:!j ~," 5 ~
<111;1\ ,- >.:J
BISCAYNE BOULEVARD V - PARCEL 102
(Bagel Cove)
(19001 Biscayne Boulevard)
CATEGORY
EXISTING
NON-CONFORMITY
Parkin!!
None - Surplus of
8 spaces
Landscape/
Setback
None - grandfathered
Si!!na!!e None - grandfathered
Buildin!! Setback None
20' front
AFTER TAKING
NON-CONFORMITY
UNCURED
None - taking leaves
no surplus parking
Yes - 0' setback
Taking requires
signage removal
Yes - 20' setback
required - 9' setback
remammg
AFTER
CURE
None with
cure -
Reduction of
surplus from
8 to 5 spaces
5' landscape
buffer - 7'
reqUIres
variance
None - new
monument
sign with cure
9' front setback
Variance
required
Comments: Existing compact spaces not affected by taking to remain
Ii
i I 1(:..'"
LU--
1-
"
'11)
IY_!;]
h
,,,-'I
~U
,I (1
L"_'
IV IL.:
~\ IV
~: ,,,
,,,Ill
, G
lLJ>-
1-
r-
'--TO'
'0
\ ,
;'c,--" _J-co -~
___ "d rlr_-"- /
__ ',' Cl"l =-::-=====t::.=;p-.:--.L-:-::~~===
I ~,~{,n ] /
L--_____n_ IT
- 1-
-L... -
'), ')
~) ~~ ~ fi
;;;;':;1(\0-,
111 __ U III
,
,
,
Q I)
,. LII
, ,
~-, ()
\,li,
',tV
"
'\i
,LIB
I
~
U
,,,J,';:
OIL U
_-';:,)"1
\11,,5
IV/I)
"
,
,
'g'
~.i -r1-;-
I "
I:' '
Ii'
,,~,
.,
'f
\:1
:i, _
,
_J___
,
'---1-:-o-;~~:r-.-o--
Q: l' .:/
,"
,
.i ~
~~
n
,
"
,,"
\\,:1
)1.\
lLl'"
7:1
'"
"
:~ -' I
I :,\ 1~
'J )<-
'~ ~ -.1, ~ I I "-
( l i /(l:! - ; t ~)I
t j-l -bJ)j I .:t i;
'- ~
- "
"
______1
I
.{---:().:,?:'(-::5"
/
/'
1\1
,.
:1"
'n.
,-,
(9 OVOl:::i 31V18) O^l8 3NAV8S\8
-,
i'-
,-
I i,
I '
,
''I'
~) ~
:" & ,~ I~
,,:n III ':,
'" _ U (ll
",
"ty
\\1'
2 () ~: ~
~; ~ ~
" iI'
111"'\
,
\
\\
-=-----1
~-I
-1
II
,i
I
u[ ,
1 )-- 1
2'rOC;::C6~O t
/ I
/'
I
--1------
,~ ~,
;!,t
il d~
, ,
,
"
"
"
;;
"
,;,
<1\ ,
"
,
~-I
-I
I
",
"
I
-----1
,
"
,
o
"
"
'"
^
-$1
"
>
~
m
w
%
~
<
"
"'
in
z.
<
~
~
w
~
<J;
z
o
~
5
z
o
"
N
~
~
5 (, ...J
~ I~ ~
~1' ~
2 ~ 0-.
"
"
"
I
",
~
,"
0"'
IUU
u"
,,"
tl .~
,ji ,~
. ~
!L' -
00
,,,'ll
~ ~
U\\
,nit
W II
H
~ ~
"--1
""
'_I
, ,
()
I
L__
I
.; ,~i
'~l
' :
I
I-~-F' .-,I.-T'-.'
I ., I
, ",, I '
I I ,: :
Il I I
'LI'~jH~' I
_ '_-'--___-.1
~). ~
:-~ ~ d; S
X ~ II) S
111_ \.1 n1
:
-,
'i.!
~
-,
"
.' ,
~ "
'" ~
,"
,
'"
" "
" -,
", '"
, "
"' "
---1
L
L~:
1
L ,J"
-.
'~. t'
-.----1.--
, (
r
~..----.--I
:,\)';
"~ '
~:j~L1--c~/-~/ '~:~;
0,; 0 C
. /--,(~b'
[
I..J
~J-
i I
, '
"
: Ii
['ii
I"!:
,''':
,
,
, "
[ i"'I:
,
~,-j---~)..- .
I ' I,:
I '
,. (~
,
-$~
,-~.: g
, ~
, i al
I 'l!
>-
<
"
"'
in
,-;;~,
,~:, 9
d' ~ di l~:
,;, ;" ~ ~
"
,
~O IV
""
~ \1 ::i
~~ g ;,\
~ ~ r,
'-c-:1-i(~.~",~<;-i1"'l-
(9 OVOl::! 31V1Sl O^18 3NA'i:)SI8
I
[ ,
}-.-
=c--=,
1
"
"
i,1
"
,
w
OC
o
"
w
m
z ~
< W
~ "
W "'
~ ;::
~,
N
~
,
\
\\
,I
,-
/
,I
:1
)
:F7
V,
!il,)
;' J
c}
il ~,
II ~I
I-~
if--r----,~I -.~
,I------ ---}
~;f:~------"{
J~1-~3T-f ",I
I~'I- .----;:~
'i " ,
:~:- : --- --~~
,,,' ",I
iI ii'" --;t
I~--~'I'
1---'"
~i-~---"t
II' ',. ---..l i:~
I i ,0
Lr -~
T-" ,,0 '-"I ,~,
I, ~~>~'i<3~~ :-~f=j~i.(-~3~f~6i-/':'~';-<-6-'-/
~ ! ,~', '"I ; I I ~ '
, I I . '. I
'\- I "~i ,~!
. ii',
-1---~-n.-f '----"---.>-
, ,~:
,
).--
,,'
-i
I
,
,-
",
,-
'"
,
~
BISCAYNE BOULEVARD V - PARCEL 101
(Loehmanns)
(18901 -18999 Biscayne Boulevard and 2711 N.E. 187th Street)
CATEGORY
EXISTING
NON-CONFORMITY
AFTER TAKING
NON-CONFORMITY
UNCURED
AFTER
CURE
Parkin!! No - variance in place 65 spaces lost but still "Loss of
1538 spaces provided conforms with variance- o to 35
Conforms with variance Surplus reduced by 65 spaces - no
requirement - surplus vanance
required
Landscape/
Setback None Yes, 0' front buffer Variance
7' buffer required to
5' front buffer
Si!!na!!e None Sign in area of acquisition None - signs
have been
moved and
permitted
Buildin!! Setback None None None
Comments: "The sample cure for this property is not finalized, although general ranges and
estimates can be provided
/-
...Lr 4NDAROS
10. (f~~".': ,. , ,
1h~"'City Commiulon shall h:sue a certlficatCl of' i:bhformlty If tha following
standards are- met
'f"'" ~'i1~",.~",
1 ' '~~~~~!~~lI!~U~~fW~,n~'"
- .rff1~*~~~~t~~'~~~~'~ft;.
i:.\~J~t,~.
A
Severance or business damages relative to the remainder parcel will
be reduced by the issuance of the certificate of conformity.
, '
.
B. A site plan for the remainder parce!tlaS been prepared which
minimizes the nonconformlties caused by the eminent domain
proceedings, and which is otherwise consistent with all requirements
of the Land Development Regulations of the City.
C. The remainder pareal can reasonably and economically function if
developed in accordance with the site plan described in See,
10.04.03 B above_
. 10.04.04
APPROVAL
An application for a certificate of conformity shall be approved by resolution of the
City Commission which specifically adopts a site plan for the remainder parcel.
Amendments to the site pi en shall be processed and reviewed in the same manner
as an original application,
DURATION
A certificate of confonnity issued pursuant to this aection et1all automatically expire
thIrty-six (36) months from the date of issuance unless development of the
remainder parcel in accordance with the site plan has commenced within said thirty-
six (36) month period.
f.
,"h'_'
?
I
,
.\~~#~:o_:' . "'_;~'1.(ati.t~1It:ifi~:"-i"-'
::,~-~-,.:. .~
~L.P~;~3
'''~-':'1<~'t)j'ii"" :
_1"
~ ~
.-e.,
~-,>. .,.,. ,,;', tm'~Im;\_ri};~/ it ~.I:<.'i~t1
~","~~'1i""'li't-,,1i; '; . . ".1:1,,,",., - ll!~.b
..,t_ ,- ,.. "-'J'f"~'- '_~ ,,:"tl''f' -~. ,~~t;t'
. r__~,~_;l..;,~:~', :- '_Fi-~,~,~~I_,~;:;.
". '.-i~:Wli)Fl!.~ '. -; ,..k;;;i;iii",.."l; .
,l"-T";.c',.,-"'" ?'~/1!""llt't"~,f:' \
~ $ ~ " - " ~ ",
. '-Hi f itli~l4 i
r
,-
I
'!::?
" "i,,"'~~rA~~tfil'ff ~,,~, ~ ~ ~ ~ ~,g1\"b6i)l~\<f~~f~i J 41'.~';1'l
-,~.",.\.~,,,,1>'1.';,,,!_"',~-' t'" ,: '," '" ,~~,'!:iL'I~j,~\~,:, :i'!!(r'i..:
, ;1."'~"KB"" --,'." ,,," j',,,,, ,". ".,~""
'..",: f~,._:~/t}ir?~: -;~:-' , ' .' i', ':,- ,,;,,;~'
'97 12'02
, y:~.;
, ;;,1"'
/
NONCONFORMING 'USES CAUSED BY EMINENT DOMAIN
PROCEEDINGS
\:
PROCEDURE
Th~ condemnor or condemnee in an eminent domain .'Jroceeding may submit an
application to the City for a certificate of conformity relative to a remainder parcel
which has or will be created as a result of the eminent domain proceedings. The
application shall include the following:
A An application fea in the amount of $400.00,
B. The name and address of the owner of the remainder parcel.
C. The name and address of the condemnor including the name and
address of the condE/mnor's representative,
o Evidence of the institution of eminent domain proceedings"
E. A diagram of the property subject to the eminent domain proceeding
at a scale of not less than 1" = 30', showing the location of ell
structures and. improvements on the property and the extent of the
condemnor's acqUisition.
F. The t~gal description of the remaind(i!r pare!;}l which has or will
becOme a non-confonnlng use.
Q, A proposed site plan for the redevelopment of the remainder parceL
. .10.04.02 REVIEW OF APPUCA TIGN c
{~~h;"" "The City Manag~~I:~ i~agend~Jimp[et6 appMation for a certifi~t'~~nformity
Wilh!n. a reaso~~~m~afte~!eSilp~ thereof^*~~~i81W Comm\~l,,~~{I..,~end~r a.
~S'iS\O!l ba~Eld,IP"P,;QlI!the stand.S1-!:ds._. set fo " .e.c. ;10.04,Q;Hili/lpw.,...,,,Ao ISsU90r
,iihyth~ ceft;1f~~Withln thlr1Y'(30fd8YS'< '):it/ng. .' ,.,",
~. : . . I'" .:', '." . ,.0' l' . "
..1.:....
;:':litlFc;;...--,-
--
~ ~~'~~'J!~ ;~
ments of this chapter and the present
and probable future uses of the neigh-
borhood, and
(2) That where the area ofland involved is
less than five (5) acres the area and
shape of said land shall be such as
would be acceptable for platting, and
(3) Application is made at the same time,
in a form acceptable to the Director, to
establish boundaries for a suitable dis-
trict to cover the area where a new use
or change of use is intended, and
(4) Aplat shall be submitted and tentative
approval of the Director obtained
thereon for any use involving three (3)
or more buildings to be used for resi-
dential or commercial purp'Jses other
than farming, and
(5) That for land to be used for a structure
or use connected with farming, the
area, setback and other requirements
of this chapter shall be complied with,
and a plat will not be required,
(c) Temporary field offices. Use of a lot or lots
for temporary field sales or construction
office during specified periods of time, pro-
vided map of said subdivision has been
approved by the Director, Plans for any
such temporary building or buildings shall
also require approval of the Director,
(d) Property split by district boundary, Exten-
sion of a district w hen its boundary splits a
privately owned lot,
(e) Setbacks; lot area, Variation, the purpose of
which is to conform to front line require-
ments of Ihe rest of the block; to allow a
reduction in the minimum lot area require-
ments or selback where the shape of the
building lot or location of existing nearby
buildings justifies such variance.
(D Pending survey to verify distances, Issu-
ance of a permit conditional upon the owner's
submitting a certified survey to verify dis-
tances shown on the plans filed with the
application,
(g) Special uses. Other special types of special
usage, such as temporary stands, landing
Supp. No. 16
ZONING
* 33-36 I
fields, public buildings or structures for
temporary use, temporary refuse dumps,
etc, For other special or unusual uses per-
mitted herein, where any question exists
regarding the possibility of said special or
unusual use conflicting with or encroach-
ing upon other legally existing uses in any
district.
(Ord, No. 57-19, ~ 38, 10-22-57)
Sec. 33-36.1. Administrative variances.
(al Notwithstanding any other provision of this
chapter, in RU-1, RU-2, RU-TH, all EU Districts,
and those other districts permitting single-family,
duplex, and townhouse use, upon application duly
made, the Director may, by administrative deci-
sion, approve any "non-use variance" request, For
the purposes of this subsection, a "non-use vari-
ance", as defined in Section 33-311.1(e)(2), Code of
Metropolitan Dade County, may involve matters
such as setback lines, frontage requirements,
subdivision regulations, height limitations, lot
size restrictions, yard requirements, and other
variances which have no relation to change of use
of the property in question, Requests varying
setbacks, spacing, and lot coverage requirements
from those specified elsewhere in the zoning reg-
ulations may only be approved providing that
they do not exceed the following:
(1) That the setback required is not reduced
below fifty (50) percent of that normally
required,
(2) That the lot coverage is not increased by
more than twenty (20) percent of that nor-
mally permitted,
(3) That the spacing requirement between prin-
cipal and accessory buildings is not re-
duced below fifty (50) percent of that nor-
mally required,
(b) Notwithstanding any other provision of this
chapter, in any district upon application duly
made, the Director may, by administrative deci-
sion, approve any "non-use variance" request or
"special exceptionl1 from zoning regulations on
parking requirements for any property desig-
nated as an historical site and subject to a certif-
icate of appropriateness pursuant to Chapter 16A
of this Code. Such requests may be approved
5153
i 33-36.1
DADE COUNTY CODE
providing that "non-use variance" requests do not
exceed the standards set forth in Section 33-
36,1(a) and that "special exception" from zoning
regulations on parking requirements requests do
not'reduce parking below thirty (30) percent of
that nonnally required, Further, the require-
ments of Section 33-36,1(i) shall not apply to
administrative variances granted to designated
historical sites pursuant to this subsection,
(c) The Director may vary the setback require-
ments for screened enclosures, tennis courts, swim-
ming pools and other accessory structures or uses
providing that the setback required is not reduced
below fifty (50) percent of that normally required,
(d) In granting the variation and issuing the
permit, the Director shall find:
(1) That the variance will be in harmony with
the general appearance and character of
the community,
(2) That the variance will not be injurious to
the area involved or otherwise detrimental
to the public welfare,
(3) That the proposed addition is designed and
arranged on the site in a manner that
minimizes aural and visual impact on the
adjacent residences while affording the ap-
plicant a reasonable use of his land,
(e) The application for variance shall be made
by the fee owner of the property on a form
prescribed by the Department and shall be sub-
mitted to the Department. The application shall
include an accurately dimensioned plot use plan
showing the existing structures on the subject
property, the location of the proposed addition,
the general location and use of existing structures
on the adjacent property from which the variance
is being requested, The application shall include a
letter of intent explaining the reason and justifi-
cation for the proposed addition and variance,
The application shall be accompanied by:
(1) The consent of all the owners of all adja-
cent or abutting lots to the subject prop-
erty, and
(2) The consents shall also include the owner
of the lot(s) immediately across the street
from the subject site.
Supp. No, 16
(f) Upon receipt of the application for vari-
ances, the Director, prior to making his decision,
shall have a staff member of his Department
inspect the site of the subject property and the
surrounding properties to determine what im-
pact, if any, the proposed addition will have on the
area, The staff member shall attempt to person-
ally contact the residents and/or owners of the
adjacent properties including the property or nrop-
erties immediately across all adjacent streets, for
the purpose of collecting additional information
relevant to the application,
(g) Upon receipt of all necessary information
including a staff report, the Director shall review
the information and render his decision either
approving, modifying or denying the request, A
copy of said decision shall be published in a
newspaper of general circulation, All approvals or
modifications shall not be effective until fifteen
(15) days after the Director's decision is published
in a newspaper of general circulation. A courtesy
notice containing the decision of the Director may
be mailed to adjacent and abutting property own-
ers of record, their tenants or their agents, that
are duly noted on the application, The failure to
mail or receive such courtesy notice shall not
affect any action or proceedings taken hereunder.
In granting any variances the Director may pre-
scribe any appropriate condiclOn~ dnd safeguards
he may feel necessary to protect and further the
interest ofthe area and abutting properties, which
may include but not be limited to the foilowing:
(1) Landscape materials, walls, and fences as
required buffering,
(2) ModifYing of the orientation of any open-
Ings.
(3) Modifying of site arrangements,
The decision of the Director shall be recorded on
the official zoning maps of Dade County.
(h) The applicant, or any aggrieved property
owner in the area, may appeal the decision of the
Director to the Zoning Appeals Board in the
manner provided for appeals of administrative
decisions (Section 33-311(c)(2) of the Code), In the
event an appeal is made by an aggrieved property
owner in the area, the Director may stop or
suspend any construction authorized by the vari-
5154
ance, until a decision has been made on the
appeaL In the event the Director should deter-
mine that the suspension of the construction
could cause imminent peril to life or property he
may permit the construction to continue upon
such conditions and limitations, including the
furnishing of an appropriate bond, as may be
deemed proper under the circumstances, Upon an
appeal by an aggrieved property owner, the pro-
visions of Section 33-311 shall be applicable,
(i) The right of the Director in so approving
requested variances shall be limited to those
requests applied to individual lots and where the
lot in question is within an area where at least
seventy-five (75) percent of the lots in a radius of
three hundred (300) feet from the subject prop-
erty have already been developed,
(Ord, No, 77-12, ~ 1,2-15-77; Ord, No, 78-15, ~ I,
3-21-78; Ord, No. 83-12, ~ 1, 3-1-83; Ord, No,
95-215, ~ 1, 12-5-95)
Sec. 33-37. Exceptions to chapter.
(a) Where the dimensions of any residential lot
are less than prescribed by this chapter for its
particular district and it is not possible to acquire
sufficient adjoining land to increase the size of
said lot to the dimensions required hereby, a
permit shall be issued only after approval by
public hearing,
(b) No use or occupancy of any land or struc-
ture, other than as provided in Section 33-36 and
elsewhere herein, shall be permitted in any dis-
trict established hereby; nor shall any deviation
from any restriction established herein as to size
of lot, distance of building from nearest right-of-
way line of the highway or street, alley or other
thoroughfare, or property line distance, or from
any other restriction or regulation provided herein,
be permitted, except as provided herein, until
after a public hearing,
(Ord, No, 57-19, ~ 36, 10-22-57)
Sec. 33-38. Stop work orders.
For the purpose of inspection, the Director and
his authorized representatives shall have free
access to materials and work at all times and
Supp. No. 18
ZONING
i 33-39,1
either or both shall have the power to stop work
pending investigation as to materials, work, grades,
use and other provisions of this chapter.
The Director is authorized, where he deems it
necessary, to request the execution of any agree-
ment for recording,
(Ord, No, 57-19, ~ 14, 10-22-57)
Sec. 33-38.1. Resisting or obstructing en-
forcement.
It shall be unlawful to resist, obstruct or oppose
the Director or his designated representative or
enforcement officer in the discharge of his duties
under this chapter.
(Ord. No, 89-118, ~ I, 11-21-89)
Sec. 33.39. Penalty for violation of chapter.
Any person who shall violate a provision of this
chapter, or fails to comply therewith, or with any
of the requirements thereof, shall upon conviction
thereof in the County Court, be punished by a fine
not to exceed five hundred dollars ($500,00) or by
imprisonment in the County Jail for not more
than sixty (60) days, or by both such fine and
imprisonment, Any person who violates or fails to
comply with this chapter shall also be subject to
fines in accordance with Chapter 8CC of this
Code, Each day of violation or noncompliance
shall constitute a separate offense.
(Ord. No, 58-21, ~ 1,6-10-58; Ord, No, 80-83, ~ 1,
7-15-80; Ord, No, 89-118, ~ 2, 11-21-89)
Sec. 33-39.1. Civil liability; penalties; attor.
neys' fees.
(a) Any person who violates a provision of this
chapter or any lawful rule, regulation or written
order promulgated under this chapter is subject
to injunction or other equitable relief to enforce
compliance with or prohibit the violation of this
chapter. Further, such person is liable for any
damage to Dade County caused by such violation,
and for the reasonable costs and expenses in-
curred by Dade County in enforcing the provi-
sions of this chapter, including but not limited to
the costs of enforcement inspections, preparation
of enforcement reports, photographs, title searches,
postage and other demonstrable administrative
costs for enforcement and collection_ All such
5155
,33-39.1
DADE COUNTY CODE
sums shall become immediately due and payable
upon expenditure by the County and shall become
delinquent if not paid within thirty (30) days after
receipt by the violator of the Department's bill
itemjzing the enforcement costs incurred in en-
forcing the provisions of this chapter (the "due
date"), All such delinquent sums shall bear inter-
est at the rate of twelve (12) percent per annum,
(b) In addition to the foregoing, any person who
violates a provision of this chapter or any lawful
rule, regulation or written order promulgated
under this chapter is subject to the judicial impo-
sition of a civil penalty for each offense of an
amount not to exceed five thousand dollars
($5,000,00) per offense, In assessing the penalty,
the court may receive evidence in mitigation.
Each day during any portion of which a violation
occurs constitutes a separate offense.
(c) Upon the rendition of a judgment or decree
by any of the courts of this State against any
person and in favor of the Director or the County
in any action to enforce compliance with or pro-
hibit the violation of the provisions of this chap-
ter, the court shall adjudge or decree against that
person and in favor of the Director or the County
a reasonable sum as fees or compensation for the
attorney acting on behalf of the Director or the
County in the suit in which recovery is had, Such
fees or compensation shall be included in the
judgment or decree rendered in the case. This
provision shall apply to all civil actions filed after
the effective date of this ordinance, Cessation of
the violation of any of the provisions of this
chapter prior rendition of a judgment or prior to
execution of a negotiated settlement, but after an
action has been filed by the Director or the
County to enforce the provisions of this chapter,
shall be deemed for the purposes of this section
the functional equivalent of a ccnfession of judg-
ment or verdict in favor of the Director or the
County, for which attorney's fees shall be awarded
as set forth in this section.
(d) Nothing in this section shall be construed to
permit or require the Director to bring an action
on behalf of any private person,
(Ord, No, 89-118, Ii 3, 11-21-89)
Supp. No. 18
Sec. 33-39.2. Enforcement; procedure.
The Director is hereby authorized to institute
actions on behalf of the County in any court of
competent jurisdictior. in this State to seek en-
forcement of this chapter and all remedies for
violation thereof
(Ord, No, 89-118, Ii 4, 11-21-89)
Sec. 33-39.2.1. Team Metro: Delegation of en-
forcement power and duties,
Unlcss otherwise provided by ordinance, the
Director of the Department of Planning, Develop-
ment and Regulation ,hall delegate his enforce-
ment powers and duties to the Director of Team
Metro for the expressed purpose of enforcing the
regulations ofthi, Chapter as specified in Section
2-969 or in an administrative order of the County
Manager.
(Ord, No, 96-86, Ii 4, 6-4-96)
Sec. 33-39.3. Consent agreements.
The Director or his designee may, in the discre-
tion of the Director or designee, terminate an
investigation or an action commenced under the
provisions of this chapter upon execution of a
written consent agreement between the Director
or his designee and the persons who are the
::;ubject of the investigation or action. The consent
agreement shall provide written assurance of
voluntary compliance with all the applicable pro-
visions of this chapter by such persons, The
consent agreement may in addition provide for
the following: Mitigation of injuries accruing on
account ofthe.yiolation investigated or sued upon;
compensatory damages; punitive damages; civil
penalties; costs and expenses of enforcement;
attorneys' fees; and remedial or corrective action.
Except as expressly and specifically provided in
the executed written consent agreement, an exe-
cuted written consent agreement shall neither be
evidence of a prior violation of this chapter nor
shall such agreement be deemed to impose any
limitation or action by the Director or the County
in enforcing any of the provisions of this chapter,
nor shall the agreement constitute a waiver of or
limitation upon the enforcement of any federal,
State or local law or ordinance, Each violation of
any of the terms of an executed written consent
0156
,
,
TABLE 6.6.1
LEVEL OF SERVICE ANALYSIS
U.S. 1/ N.E 203rd STREET
YEAR OPEN TO TRAFFIC (1995)
w/o Train with Train
Delay (sec) LOS Delay (see) LOS
38.7 D NfA E
19,1 C 19,1 C
26,0 D 27.5 D
23,0 C 23,8 C
28,7 D___ 28.7 D
23.4 C 25,0 C
?,(i 7 D Lf,) D
26,3 D 26,3 D
20,3 C 36,8 D
23,0 C 28.5 D
Alternative
At-Grade Concept
Echelon - Upper Level
Echelon - Lower Level
Echelon - Total
Modified Echelon - Upper Level
Moditlea echelon - Lower Level
ModIfied Echelon - Total
Value Engineering - Upper Level
Value Engineering - Lower Level
Value Engineering - Total
,
i
~
10 YEARS POST CONSTRUCTION (2005)
Alternative
At-Grade Concept
Echelon - Upper Level
Echelon - Lower Level
Echelon - Total
Modified Echelon - Upper Level
Modified Echelon - Lower Level
Modified Echelon - Total
Value Engineering - Upper Level
Value Engineering - Lower Level
Value Engineering - Total
w/o Train
Delay (sec)
41.6
19.4
26,0
23,2
27,2
33,9
29,8
27.3
3L3
29.4
LOS
E
C
D
C
D
-
D
-
D
D
D
D
with Train
Delay (see)
NfA
19.4
28,6
24,6
27.2
48.4
35.3
273
43.6
37.3
LOS
E
C
D
C
D
E
D
D
E
D
20 YEARS POST CONSTRUCTION (2015)
w/o Train with Train
Alternative Delay (sec) LOS Delay (see) LOS
\t-Grade Concept 61.5 F NfA F
:chelon - Upper Level 22,6 C 22.6 C
~chelon - Lower Level 50.4 E 71.6 F
:chelon - Total 373 c:1D 49.4 i:,)
.1odified Echelon - Upper Level 29.5 ..Ib 29,5 D
.1, ,d Echelon - Lower Level 47,2 E 48,7 E
~ 36,7 "-")
.1.o<utied Echelon - Total 35,5 " J2.---
lalue Engineering - Upper Level 28.4 D 28.4 D
lalue Engineering - Lower Level 40,3 E 49,8 E
falue En2ineering - Total 34,8 W 45,0 :D
- .
.~
'.
t:,
"