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05-06-1997 CC Meeting AgendaCITY OF AVENTURA COUNCILAGENDA MAY 6, 1997 - 6 P.M. CITY COUNCIL Arthur I. Snyder, Mayor Jeffrey M. Perlow, Vice Mayor Arthur Berger, Councilmember Jay R. Beskin, Councilmember Ken Cohen, Councilmember Harry Holzberg, Councilmember Patricia Rogers-Libert, Councilmember Eric M. Soroka, City Manager Teresa M. Smith, City Clerk Weiss Serota & Helfman, City Attorney CiTY OF AVENTURA WELCOME TO YOUR CITY COUNCIL MEETING We are pleased that you have demonstrated an Interest in the City of Aventura by attending a City Council meeting. We hope you will attend more of these meetings in the future. GENERAL INFORMATION The City of Aventura was incorporated on November 7, 1995 and operates under the "Council - City Manager Plan." The City Council is comprised of six members and the Mayor selected by the residents of Aventura to serve as the City's governing body. It is responsible for adopting policies of the City, passing ordinances, adopting resolutions, approving various development requests and adopting the budget. A City Manager is appointed by the City Council to serve as the administrative head of the government and provides recommendations to the City Council on policy issues. The City Council Meeting is a formal meeting of the members of the Council to transact City business. This business is conducted in a manner prescribed by resolution, laws and regulations which require formal actions and the following of specific procedures. The AGENDA is a printed document that lists the order of business for the council meeting. GENERAL RULES AND PROCEDURES Addressinq Council - Members of the public may address the City Council on matters during the following portions of the AGENDA: Public Hearings, Other Business and Public Comments. Each person who addresses the council shall step up to the speaker's podium and give his/her name and address. Public discussion is limited to three minutes maximum per person, however the Mayor may allow more time. All questions from the public to the Council shall be addressed through the Mayor. Public Comments - Individuals wishing to speak on matters not on the agenda but pertinent to the city may do so by signing In with the City Clerk prior to the meeting. The Mayor will recognize those persons who signed in under the agenda item "Public Comments." Decorum - Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the council, shall be barred from further audience before the Council by the Mayor, unless permission to continue or again address the Council be granted by the majority vote of the Council. No clapping, applauding, heckling or verbal outburst In support or opposition to a speaker or his or her remarks shall be permitted, No signs or placards shall be allowed in the Council chambers. Persons exiting the Council chamber shall do so quietly. The above represents a summarization of the Comprehensive Council Meeting and Agenda Procedures Resolution. Copies of this resolution are available from the Office of the City Manager. City of Aventura The CityofExce~ence Arthur I. Snyder, Mayor Jeffrey M. Perlow, Vice Mayor Councilmembers Arthur Berger Jay IL Beskin Ken Cohen Harry Holzber~ Patricia Rogers-Libert Council Meeting May 6, 1997 - 6 PM Columbia Aventura Medical Arts Building 21110 Biscayne Boulevard Suite 101 Aventura, Florida 33180 AGENDA 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ZONING HEARINGS - SPECIALLY SET BY COUNCIL FOR 6 P.M. QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the following item on the Council's agenda is quasi-judicial in nmure. If you wish to object or comment upon this item, please indicate the item number you would like to address when the announcement regarding the quasi-judicial item is made. You must be sworn before addressing the Council, and if you wish to address the Council, you may be subject to cross-eXamination. If you refuse to submit to cross-examination, the Council will not consider what you have said in its final deliberations. DISCLOSURE OF ANY EX-PARTE COMMUNICATIONS PURSUANT TO ORDINANCE 96-09 APPLICANT: OPH AVENTURA REALTY, L.C. (It is anticipated that this item will be tabled) May 6, 1997 Council Meeting Be APPLICANT: SPRINT SPECTRUM, L.P., A DELAWARE LIMITED PARTNERSHIP A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA GRANTING UNUSUAL USE APPROVAL FOR PROPERTY LOCATED AT 2875 NE 191sx STREET, AVENTURA, FLORIDA, TO PERMIT THREE (3) PANEL ANTENNAS WHICH ARE TO BE AFFIXED TO THE BUILDING PARAPET AND ONE (1) GPS ANTENNA WHICH IS TO BE MOUNTED ON THE ROOFTOP MECHANICAL ROOM; AND PROVIDING AN EFFECTIVE DATE. APPLICANT: AVENTURA COMMONS, LTD. (It is anticipated that this item will be deferred to June 3, 1997 at the applicant's request) 4. APPROVAL OF MINUTES: Workshop Meeting April 10, 1997 Council Meeting April 15, 1997 5. AGENDA: Request for Deletions/Emergency Additions 6. SPECIAL PRESENTATIONS: None 7. CONSENTAGENDA A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA DECLARING THE ACQUISITION OF A CERTAIN 3.3+ ACRE PARCEL OF VACANT PROPERTY LOCATED AT THE WEST SIDE OF COUNTRY CLUB DRIVE, SOUTH OF THE WILLIAM LEHMAN CAUSEWAY IN AVENTURA, FLORIDA TO BE A PUBLIC NECESSITY IN ORDER TO LOCATE THE PROPOSED CITY OF AVENTURA GOVERNMENT CENTER AND CULTURAL FACILITY; AUITHORIZING THE EMPLOYMENT OF APPRAISERS; AND AUTHORIZING THE FILING OF EMINENT DOMAIN PROCEEDINGS; PROVIDING FOR AN EFFECTIVE DATE (Authorizes the filing of eminent domain proceedings to acquire prope~:y for the proposed Government Cemer, Police Station and Cultural Center) May 6, 1997 Council Meeting A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENTS OF HARRY CROOK AND SCHELLY STRAUSS TO THE CITY OF AVENTURA PLANNING ADVISORY BOARD IN ORDER TO FlLL TWO VACANCIES; AND PROVIDING AN EFFECTIVE DATE. (Appoints Harry Crook and Schelly Strauss to the Planning Advisory Board to fill vacancies) 8. PUBLIC HEARINGS: ORDINANCES - FIRST READING AN ORDINANCE OF THE CITY COUNC1L OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING SIGN CODE REGULATIONS; PROVIDING FOR PURPOSE; PROVIDING FOR DEFINITIONS; PROVIDING FOR PROHIBITED SIGNS; PROVIDING FOR REQUIRED SIGNS; PROVIDING FOR SIGNS NOT REQULRING A PERMIT; PROVIDING FOR RESIDENTIAL DISTRICT PERMANENT SIGNS; PROVIDING FOR NON- RESIDENTIAL DISTRICT SIGNS; PROVIDING FOR TEMPORARY SIGNS; PROVIDING FOR SUPPLEMENTAL REGULATIONS; PROVIDING FOR SIGN PERMITS; PROVIDING FOR NON- CONFORMING SIGNS; PROVIDING FOR SIGN MAINTENANCE; PROVIDING FOR REMOVAL OF IMPROPER SIGNS; PROVIDING FOR REPLACEMENT OF SIGN CODE PROVISIONS PROVIDED BY METROPOLITAN DADE COUNTY CODE SECTIONS 33-82 TO 33-121.27; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR SEVERAB1LITY AND AN EFFECTIVE DATE. 9. PUBLIC HEARINGS: ORDINANCES - SECOND READING Ao AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 96-18, WHICH ORDINANCE ADOPTED A BUDGET FOR THE 1996/97 FISCAL YEAR BY REVISING THE 1996/97 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS May 6, 1997 Council Meeting OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AlMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. Bo AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA DECLARING IT UNLAWFUL TO COMMIT ANY ACT THAT IS RECOGNIZED BY THE LAWS OF THE STATE OF FLORIDA AS A MISDEMEANOR WITHIN THE CORPORATE LIMITS OF THE CITY; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. 10. RESOLUTIONS: None 11. OTHER BUSINESS: None 12. REPORTS 13. PUBLIC COMMENTS 14. ADJOURNMENT SCHEDULE OF FUTURE MEETINGS/EVENTS: TUESDAY, MAY 20, 1997 7 P.M. TUESDAY, JUNE 3, 1997 6 P.M. COUNCIL MEETING COUNCIL MEETING This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persuns who are disabled and who need special accommodations to participate th this meeting because of that disability should contact the Office of the City Clerk. 466-8901, not later than two days prior to such proceeding. Anyone wishing to appeal any decision made by the Aventura City Council with respect to any mailer considered at such meeting or heanng will need a record of the proceedings and, for such purpose, may need 1o el~sure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Agenda items may be viewed at the Office oftbe City Clerk City of Aventura Government Cunt~, 2999 NE 191~t Street, Suite 500. Avenim'a Florida, 33180. Anyone wishing to oi~tain a copy of any agenda item should contact the City Clerk at 466-8901. 4 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Council _(~ Eric M. Soroka, Ci~,l~ Jaye M. Epstein, A,LCP,\ April 22, 1997 ir tor of Community Development Original Pancake House 17800-17870 Biscayne Boulevard May 6, 1997 City Council Meeting Agenda Item THE REQUEST The applicant, OPH Aventura Realty, L.C., appeared before City Council on March 18, 1997 (Agenda Item 3) to request site plan approval and variances to permit a free- standing restaurant and a free-standing retail use at 17800-17870 Biscayne Boulevard. RECOMMENDATION Since the meeting of March 18, 1997, the applicant has verbally informed the Community Development Department that they wish to withdraw their petition. The applicant has been requested to provide a written withdrawal which has not been received. Therefore, the Community Development Department recommends that this application be tabled. /staff repaffs/OPH 042197 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Council Y~~i Eric M. Soroka, Cit Jaye M. Epstein, AICF',~,~or April 28, 1997 of Community Development Sprint Spectrum, L.P. Unusual Use petition for telecommunications antennas May 6, 1996 City Council Meeting Agenda Item THE REQUEST The applicant, Sprint Spectrum L.P., is requesting an Unusual Use approval of the roof top installation of a telecommunications system at 2875 NE 191 Street (otherwise known as Turnberry Plaza, and formerly known as Concord Building). The Unusual Use request, which is in accordance with Section 33-13 (e), Article I, Chapter 33 of the Dade County Code, includes of the following: The installation of three (3) panel antennas which are 6.1 inches wide and 64.1 inches tall and approximately one inch thick. The antennas will be affixed to the side of the building on the top fascia as depicted in the drawings prepared by GM Selby & Associates, sheet S3~ The installation of one (1) Global Positioning System (GPS) antenna which is approximately 5.0 inches wide and no more than 18.44 inches tall. The antenna will be mounted on top of the existing rooftop mechanical room as depicted in the drawings prepared by GM Selby & Associates, sheet S3. RECOMMENDATION It is recommended that the request for Unusual Use approval for the three (3) panel antennas and the one (1) GPS antenna be granted. The applicant's request is consistent with the trend of many local governments to encourage alternative and innovative cell site designs, which blend with the environment, unlike the traditional cellular towers. BACKGROUND OWNER OF PROPERTY ADDRESS OF PROPERTY SIZE OF PROPERTY LEGAL DESCRIPTION EXISTING ZONING FUTURE LAND USE DESIGNATION Turnberry Plaza, Ltd. 2875 NE 191 Street Approximately 5.4 acres Lengthy legal description - see Exhibit A BU-2, Special Business District Business and Office Zoning - The subject property is zoned BU-2, Special Business District, as are the properties to the north, south, east, and west. The property to the southeast is zoned RU-4M, Modified Apartment House District. Existing Land Use - The subject property is currently the site of a ten-floor office building. The Lehman Causeway lies immediately north of the property, followed by the Aventura Mall. To the east is Concord Center II, a ten-floor office building. To the south is Concord Plaza, a strip shopping mall. To the southeast is an apartment complex. The properties to the west are vacant. Future Land Use - The subject property is currently designated Business and Office according to the Adopted 2000 and 2010 Land Use Plan for Metro-Dade County, Florida, as are the properties to the north, south, east, and west. The property to the southeast is currently designated as Industrial and Office Land Use. The Site- The subject site is approximately 5.4 acres and is located east of Biscayne Boulevard directly between NE 191 Street and the Lehman Causeway (see Exhibit B for location map). Project Background - The application was originally submitted to Dade County in August 1996. In accordance with the Interlocal Agreement between the City of Aventura and Dade County, we assumed all Public Hearing Zoning Process services, effective January 1, 1997. At that time, the application was forwarded to us for continued processing. In reviewing this case, we have accepted Dade County's determination as to the nature of the request being an Unusual Use. ANALYSIS Consistency with Comprehensive Master Plan - The proposed antennas are not inconsistent with the Dade County Comprehensive Master Plan. Community Development Department Analysis - The Community Development Department has applied the criteria, found in the Dade County Code, in analyzing the requested Unusual Use. Special exceptions, unusual and new uses According to Article XXXVI, Section 33-31 l(d) of the Dade County Code, an applied for exception or use should be considered with regard to the following: ~. The Use should not have ;an ;unfavorable effect On the economy; The applied for telecommunications system will not have an unfavorable effect on the economy. The use shOUld nOt generate or result in exCessive noise or traffic, cause undue or excessive burden On PUbiic facilities; including Wate~ Sewe~ Solid WaSte dispOSal, recreation~ transpo~etion~ streets, roads, highways or other such faCilitieS which have been CO~t~u~ted O~ which ~re Pia~ed and b~dg~t~ fo~ con~truCtio~i ~n~ ; The wireless communications system will not generate or result in excessive noise or traffic, or cause excessive burden to public facilities. In fact, because of the services they provide, "In many communities, cell sites are classified as public utility distribution systems" (Zoning News, January 1991). Sprint has determined that the antennas are necessary in order to serve the wireless communications demand in the area. The request is considered reasonable; the height is necessary because of line-of-sight obstructions and coverage requirements. The panel antennas will be affixed to the parapet of the building and painted the same color as the building. The antennas are relatively small, especially considering the height at which they are to be located, and thus will not be incompatible with the business and office development in the area. The Community Development Department believes that the antenna sites, such as those requested by Sprint, preserve the City's aesthetic integrity, health and safety, while meeting the topography, leasability, and infrastructure needs of the wireless communications carriers. STANDARD CONDITIONS 1. Plans shall substantially comply with those submitted and prepared by G.M. Selby & Associates Inc., as follows: · Proposed Plot Plan, S2, dated 3-31-97 · Proposed Elevations (south and east), S3, dated 4-1-87 · Proposed Antenna Details, S4, dated 3-31-97 Applicant shall commence utilization of the Unusual Use granted pursuant to this Resolution by submitting final building plans within 6 months of the date of this Resolution of the Unusual Use granted shall be deemed null and void unless the term is extended by the City Council prior to its expiration. 3. Color samples for the panel antennas must be submitted to, and approved by, the City Manager prior to the issuance of a building permit for this project. PROJECT SPECIFIC CONDITIONS Public Hearing approval does not constitute Building approval. The application for the building permit must include certification by a registered engineer that the proposed installations comply with the South Florida Building Code. The written documentation must also include load distributions within the building's support structure. Any antenna that is not operated for a continuous period of twelve months shall be considered abandoned, and the owner of such antenna shall remove same within sixty days of receipt of notice from the City. All antennas shall be maintained in compliance with standards contained in the South Florida Building Code so as to ensure the structural integrity of such antennas. If upon inspection by the City such antennas are determined not to comply with the code standards and to constitute a danger to persons or property, then upon notice being provided to the owner of the antennas the owner shall have thirty days to bring such antenna into compliance. EXHIBIT A Legal Description SUBJECT PROPERTY: That portion of the east ~ of the SE ~ of the NW % of Section 3, Township 52 South, Range 42 East, lying south of the N.E. 192nd Street Limited Access Right-of-Way and less and except the south 35' thereof for right-of-way purposes. A/WA: A parcel of land being a part of the east % of the. SW % of the SE N of the NW ¼ of Section 3, Township 52 South, Range 42 East, said parcel being more particularly described as follows: Commence at the Southeast comer of NW ~ of said Section 3, Township 52 South, Range 42 East; thence S87°35'12"W, along the south line of said NW % of Section 3 a distance of 669.86'; thence N2°58'20"VV along the east line of the said east % of the SW % of the SE ¼ of the NW ~ of Section 3 for 35' to the Point of beginning, of the herein described parcel; thence S87°35'12'~/along the north right-of-way line of N.E. 191st Street per Official Records Book 12487, at page 912, said right-of-way line being 35' north of the south line of said NW % for 335.09'; thence N2°52'3'~/V along the west line of the said east % of the SW % of the SE % of the NW % of Section 3 for 616.4'; the following 3 courses being along the SW/ly right-of-way line of State Road 856 also being part of the limited access right-of-way line of N.E. 192nd Street, per Flodda Department of Transporation right-of-way Map (Section 87013-2510); (1) thence S48°23'59"E for 102.19'; (2) thence S56o50'26"E for 102.19' to a Point of curvature; (3) thence SE/ly along the arc of a 1,290.92' radius curve leading to the left, having a central angle of the arc of a 129.92' radius curve leading to the left having a central angle of 3°41'55" for an arc of 83.33'; thence S2°58'20"E along the east line of the said east ~ of the SW ¼ of the SE ~ of Section 6 for 360.36' to the Point of beginning. EXHIBIT B LOCATION MAP ~ S~TE LC]CA'lION MAI= DIRECTIONB TO CL=E. BITE RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA GRANTING UNUSUAL USE APPROVAL FOR PROPERTY LOCATED AT 2875 NE 191 STREET, AVENTURA, FLORIDA TO PERMIT THREE (3) PANEL ANTENNAS WHICH ARE TO BE AFFIXED TO THE BUILDING PARAPET AND ONE (l) GPS ANTENNA WHICH IS TO BE MOUNTED ON THE ROOFTOP MECHANICAL ROOM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a public hearing of the Metropolitan Dade County Zoning Appeals Board granted by Resolution No. 4-ZAB-260-86 the following to the Concord Centre Limited: NON-USE VARIANCE OF SIGN REGULATIONS to permit two wall signs (one permitted) for the same tenant (bank) and to permit one of those wall signs not to be on the unit and to have 528 sq. ft. in area (required on the unit wall) (zero square feet permitted). NON-USE VARIANCE OF SIGN REGULATIONS to permit two detached signs (one permitted) said signs to consists of a second center identification sign and a tenant identification sign. 3. NON-USE VARIANCE OF SIGN REGULATIONS to permit six directional signs of 18 sq. ft. each (3 sq. ft. permitted) and one of 7.1 sq. ft. (3sq. ft. permitted) with a height of 7' (4' permitted). WHEREAS, the property described herein is zoned BU-2, Special Business District; and WHEREAS, the Applicant, Sprint Spectrum L.p., requested Unusual Use approval pursuant to Chapter 33 of the Code of Ordinances of Metro-Dade County as applicable pursuant to City Charter Sec. 8.03, and Ordinance 96-08, to permit three (3) wall mounted panel antennas and one (1) roof mounted GPS antenna; and WHEREAS, the Community Development Department recommends approval of this request subject to conditions; and WHEREAS, the City Council has held a public hearing as provided by law and Resolution No. Page 2 WHEREAS, the City Council finds that the Application meets the criteria of the applicable codes and ordinances, to the extent the Application is granted herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application No. 01-UU-96 for Unusual Use approval to permit three (3) panel antennas and one (1) GPS antenna on the principal building on property legally described as: SEE ATTACHED EXHIBIT A NK/A 2875 NE 191 STREET AVENTURA, FLORIDA is hereby granted subject to each of the following conditions: STANDARD CONDITIONS 1. Plans shall substantially comply with those submitted and prepared by G.M. Selby & Associates Inc., as follows: · Proposed Plot Plan, S2, dated 3-31-97 · Proposed Elevations (south and east), S3, dated 4-1-87 · Proposed Antenna Details, S4, dated 3-31-97 Applicant shall commence utilization of the Unusual Use granted pursuant to this Resolution by submitting final building plans within 6 months of the date of this Resolution of the Unusual Use granted shall be deemed null and void unless the term is extended by the City Council prior to its expiration. 3. Color samples for the panel antennas must be submitted to, and approved by, the City Manager prior to the issuance of a building permit for this project. PROJECT SPECIFIC CONDITIONS The application for the building permit must include certification by a registered engineer that the proposed installations comply with the South Florida Building Code. The written documentation must also include load distributions within the building's support structure. Any antenna that is not operated for a continuous period of twelve months shall be considered abandoned, and the owner of such antenna shall remove same within sixty days of receipt of notice from the City. Resolution No. Page 3 All antennas shall be maintained in compliance with standards contained in the South Florida Building Code so as to ensure the structural integrity of such antennas. If upon inspection by the City such antennas are determined not to comply with the code standards and to constitute a danger to persons or property, then upon notice being provided to the owner of the antennas the owner shall have thirty days to bring such antenna into compliance. Section 2. The City Manager is authorized to cause the issuance of permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Councilmember who moved its adoption. 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 Councilmember Patricia Rogers-Libert Vice Mayor Jeffrey M. Perlow Mayor Arthur I. Snyder PASSED AND ADOPTED this 6th day of May, 1997. ARTHURI. SNYDER, MAYOR ATTEST: TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Resolution No. Page 4 This Resolution No. day of ,1997. was filed in the Office of the City Clerk this __ TERESA M. SMITH, CMC CITY CLERK EXHIBIT A Leoal Description SUBJECT PROPERTY: That portion of the east ~ of the SE ~ of the NW ~ of Section 3, Township 52 South, Range 42 East, lying south of the N.E. 192nd Street Limited Access Right-of-Way and less and except the south 35' thereof for right-of-way purposes. A/WA: A parcel of land being a part of the east ~ of the SW % of the SE ~ of the NW ¼ of Section 3, Township 52 South, Range 42 East, said parcel' being more particularly described as follows: Commence at the Southeast comer of NW % of said Section 3, Township 52 South, Range 42 East; thence S87°35'12"W, along the south line of said NW % of Section 3 a distance of 669.86'; thence N2°58'20"W along the east line of the said east % of the SW % of the SE ¼ of the NW % of Section 3 for 35' to the Point of beginning, of the herein described parcel; thence S87°35'12'~/V along the north right-of-way line of N.E. 191st Street per Official Records Book 12487, at page 912, said right-of-way line being 35' north of the south line of said NW % for 335.09'; thence N2°52'3'~N along the west line of the said east % of the SW ~ of the SE % of the NW % of Section 3 for 616.4'; the following 3 courses being along the SWAy right-of-way line of State Road 856 also being part of the limited access right-of-way line of N.E. 192nd Street, per Flodda Department of Trensporation right-of-way Map (Section 87013-2510); (1) thence S48°23'59"E for 102.19'; (2) thence S56°50'26"E for 102.19' to a Point of curvature; (3) thence SE/ly along the are of a 1,290.92' radius curve leading to the left, having a central angle of the arc of a 129.92' radius curve leading to the left having a central angle of 3°41'55" for an arc of 83.33'; thence S2°58'20"E along the east line of the said east % of the SW ¼ of the SE ¼ of Section 6 for 360.36' to the Point of beginning. CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: BY: City Council ~r :tor of Community Development DATE: April 25, 1997 SUBJECT: Request of Aventura Commons Associates, Ltd. For a special exception permit a second cocktail lounge within 500 feet of a place of worship. to May 6, 1997 City Council Meeting Agenda Item THE REQUEST The applicant, Aventura Commons, is requesting a special exception to allow a second cocktail lounge on property being developed as a shopping center. According to Dade County Code, "Only one (1) such cocktail lounge-bar will be permitted in the shopping center, and such restaurant use shall be at least five hundred (500) feet from any church or school ..." RECOMMENDATION Dade County Code Chapter 33 outlines specific noticing requirements prior to a public hearing, including (1) mailed notice to property owners within 500' to % mile of the subject property, within 40 days after a public hearing application has been received to inform residents that an application has been received; (2) mailed notice to property owners within 500' to % mile of the subject property, no later than 30 days prior to the public hearing to inform residents of the application and hearing date; (3) full legal notice published in a newspaper of general circulation, 20-30 days prior to the public hearing to inform residents of the application and hearing date; (4) layman's notice published in the newspaper of largest circulation, 25-35 days prior to the public hearing to inform residents of the application and hearing date; (5) property to be posted no later than 20 days prior to the public hearing to inform residents of the application and hearing date. The applicant failed to meet the noticing requirement for the posting of the subject property twenty (20) days prior to the May 6, 1997 public hearing date. Therefore, it is recommended that the request for a special exception be continued to the City Council public hearing meeting of June 3, 1997. /staff reports/Aventura Commons 042197 BERCOW ~. RADELL April 25, 1997 VIA FACSIMILE Ms. Brenda Kelly City of Aventura 2999 N.E 191 Street Suite 500 Aventura, Florida 33180 Re: Aventura Commons Application for Special Exception Dear Ms. Kelly: As we discussed, the applicant requests that the captioned application be considered at the June 3, 1997 meeting of the City Council. Please advise us once this matter has been officially scheduled on the agenda for June 3. Thank you for your attention to this mat~er. Sincerely, BF:cg CC: Mr. Jeffi'ey Berkowitz Jeffrey Bercow, Esq. COUNCIL WORKSHOP MEETING APRIL 10, 1997 1:30 P.M. AVENTURA GOVERNMENT CENTER 2999 NE 191sT STREET SUITE 500 AVENTURA, FLORIDA The meeting was called to order by Mayor Arthur I. Snyder at 1:30 p.m. Present were Councilmembers Jay R. Beskin, Ken Cohen, Harry Holzberg, Jeffrey M. Perlow, Patricia Rogers-Libert, Vice Mayor Arthur Berger, Mayor Snyder, City Manager Eric M. Soroka, City Clerk Teresa M. Smith, and City Attorney Richard Jay Weiss. The following items were discussed: Sign Ordinance. Mr. Soroka updated Council on the progress to date of the preparation of this ordinance. Council discussed the recommended revisions as proposed by Staff. The following individuals addressed Council: Mark Walker, Vice President of Sports Authority; Jeff Bercowitz, Developer of Aventura Commons; Phil Ward, Consultant to Turnberry and Aventura Mall; and Bud Hall, Vice President of Construction for Coscan. Consensus of Council to defer first reading of this ordinance to May 6, 1997 and discuss amendments at the May 5, 1997 Workshop Meeting. Additional Fire Rescue Unit Update. Mr. Soroka updated Council on the progress of the new fire rescue unit at Point East, including the proposed lease agreement. Property Acquisition Update. Mr. Soroka provided an update to Council on the property acquisition. Consensus of Council to proceed with eminent domain proceedings for acquisition. Aventura Founders Park. Consensus of Council to include in the 5-year plan the conceptual plan for Aventura Founders Park as outlined on modified Plan C presented by Staff, including unlighted basketball courts and additional landscaping. Proposed Intersection of Grade Separation & Mall. Discussion ensued as to the proposed construction of the fly-over by the Florida Department of Transportation and the extent of the City's detailed knowledge thereof. It was the consensus of Council to direct the City Manager to address a letter to FDOT requesting that they put the City on notice of any and all action to be taken by FDOT within the limits of the City of Aventura. Additionally, it was the consensus of Council to request that FDOT address Council at a future workshop meeting to provide to Council information concerning actions to be taken. City Chaplain. It was the consensus of Council not to appoint a City Chaplain, but that should it so desire, the Police Department could appoint a Chaplain or Chaplains to serve the Police Department. Other Business. Items discussed included the summer schedule of meetings for Council (consensus to proceed with schedule as submitted by the City Manager); revenue sharing; timesharing at Tumberry (to be addressed at the next Council meeting); live-aboard boats; satellite dishes; status of Ocean One; code violations within condominiums. The following individuals addressed Council: Ginger Grossman; Abe Mintz; Marian Nesbitt; Arthur Grossman; Sydell Schwartz; Fern Canter; Harry Crook; Cesar Phillips; Leonard Geller; Leonard Brenner and June Stevens. Them being no further discussion, the meeting adjourned at 4:25 p.m. Approved by Council on Teresa M. Smith, CMC, City Clerk 2 MINUTES CITY COUNCIL MEETING CITY OF AVENTURA, FLORIDA TUESDAY, APRIL 15, 1997 7 P.M. COLUMBIA AVENTURA MEDICAL ARTS BUILDING 21110 BISCAYNE BOULEVARD SUITE 101 AVENTURA, FLORIDA CALL TO ORDER/ROLL CALL: The meeting was called to order at 7 p.m. by Mayor Snyder. Present were Councilmembers Jay R. Beskin, Ken Cohen, Harry Holzberg, Jeffrey M. Perlow, Patricia Rogers-Libert, Vice Mayor Arthur Berger, Mayor Snyder, City Manager Eric M. Soroka, City Clerk Teresa M. Smith, and City Attorney Richard Jay Weiss. As a quorum was determined to be present, the meeting commenced. PLEDGE OF ALLEGIANCE: Mr. Weiss led the pledge of allegiance. APPROVAL OF MINUTES: A motion to approve the minutes of the April 1, 1997 Council Meeting was offered by Councilmember Rogers-Libert and seconded by Councilmember Perlow. The motion passed unanimously and the minutes were approved as submitted. AGENDA: REQUEST FOR DELETIONS/EMERGENCY ADDITIONS: A motion to defer agenda item 7.B. for discussion at a future Workshop Meeting was offered by Councilmember Rogers-Libert, seconded by Councilmember Perlow and unanimously passed. ELECTION OF VICE MAYOR. A motion was offered by Councilmember Rogers- Libert, seconded by Councilmember Holzberg and unanimously passed that Councilmember Perlow be appointed Vice Mayor effective May 1, 1997. SPECIAL PRESENTATIONS: None CONSENT AGENDA: Vice Mayor Berger requested removal of agenda item 7.A. from the Consent Agenda. Mr. Weiss then read agenda items 7.C. and 7.D. by title. A motion to approve the Consent Agenda was offered by Councilmember Beskin, seconded by Councilmember Rogers-Libert, and unanimously passed by roll call vote. Thus the following ordinances were approved on first reading: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 96-18, WHICH ORDINANCE ADOPTED A BUDGET FOR THE 1996/97 FISCAL YEAR BY REVISING THE 1996/97 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA DECLARING IT UNLAWFUL TO COMMIT ANY ACT THAT IS RECOGNIZED BY THE LAWS OF THE STATE OF FLORIDA AS A MISDEMEANOR WITHIN THE CORPORATE LIMITS OF THE CITY; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. A. Mr. Weiss read the following resolution by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT FOR PROFESSIONAL PLANNING SERVICES WITH IVEY, HARRIS & WALLS, INC. FOR COMPREHENSIVE PLANNING AND DRAFTING OF A LAND DEVELOPMENT CODE AS SET FORTH IN RFP NO. 97-1-31-2; AND PROVIDING AN EFFECTIVE DATE. A motion to approve the resolution was made by Councilmember Rogers-Libert, seconded by Councilmember Holzberg, unanimously passed and Resolution No. 97- 30 was adopted. 8. PUBLIC HEARINGS: ORDINANCES- FIRST READING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING SIGN CODE REGULATIONS; PROVIDING FOR PURPOSE; PROVIDING FOR DEFINITIONS; PROVIDING FOR PROHIBITED SIGNS; PROVIDING FOR REQUIRED SIGNS; PROVIDING FOR SIGNS NOT REQUIRING A PERMIT; PROVIDING FOR RESIDENTIAL DISTRICT PERMANENT SIGNS; PROVIDING FOR NON-RESIDENTIAL DISTRICT SIGNS; PROVIDING FOR TEMPORARY SIGNS; PROVIDING FOR SUPPLEMENTAL REGULATIONS; PROVIDING FOR SIGN PERMITS; PROVIDING FOR NON-CONFORMING SIGNS; PROVIDING FOR SIGN MAINTENANCE; PROVIDING FOR REMOVAL OF IMPROPER SIGNS; PROVIDING FOR REPLACEMENT OF SIGN CODE PROVISIONS PROVIDED BY METROPOLITAN DADE COUNTY CODE SECTIONS 3362 TO 33-121.27; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. A motion to defer first reading of this ordinance to May 6, 1997 and address it at a Workshop Meeting prior to May 5, 1997 was offered by Councilmember Rogers-Libert, seconded by Vice Mayor Berger and passed 6-1, with Councilmember Beskin voting no. It was the consensus of Council to cancel the Workshop Meeting scheduled for May 5, 1997. 9. PUBLIC HEARINGS: ORDINANCES - SECOND READING A. Mr. Weiss read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA ADOPTING THE OFFICIAL SEAL OF THE CITY; PROVIDING FOR SEVERABILITY, PROVIDING FOR PENALTY; PROVIDING FOR INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Mayor Snyder opened the public hearing. There being no speakers, the public hearing was closed. A motion for approval was offered by Councilmember Cohen, seconded by Councilmember Rogers-Libert, unanimously passed by roll call vote and Ordinance No. 97-11 was enacted. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING A PORTION OF THE SIGN CODE OF THE CITY OF AVENTURA, FLORIDA PROVIDING FOR THE REGULATION OF COMMERCIAL ADVERTISING SIGNS (INCLUDING BILLBOARDS); PROVIDING FOR DEFINITIONS; PROVIDING FOR PROHIBITION OF COMMERCIAL ADVERTISING SIGNS AS DEFINED HEREIN (INCLUDING BILLBOARDS); PROVIDING FOR AMORTIZATION AND REMOVAL OF NON- CONFORMING COMMERCIAL ADVERTISING SIGNS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR PENALTIES; PROVIDING FOR REPLACEMENT OF CERTAIN DADE COUNTY CLASS "C" SIGN REGULATIONS; PROVIDING FOR TERMINATION OF CLASS "C" SIGN MORATORIUM; PROVIDING FOR AN EFFECTIVE DATE. Mayor Snyder opened the public hearing. There being no speakers, the pubic hearing was closed. A motion for approval was offered by Councilmember Beskin, seconded by Councilmember Rogers-Libert and unanimously passed by roll call vote, thus Ordinance No. 97-12 was enacted. 10. RESOLUTIONS: None 11. OTHER BUSINESS: MOTION TO DIRECT THE CITY ATTORNEY TO INVESTIGATE THE CITY'S ABILITY TO REGULATE LIVE-ABOARD BOATS This motion was offered by Councilmember Beskin, seconded by Councilmember Rogers-Libert and unanimously passed. MOTION TO DIRECT THE CITY ATTORNEY TO INVESTIGATE THE CITY'S ABILITY TO REGULATE THE CONVERSION OF PROPERTY TO TIMESHARE The following speakers addressed Council on this motion: Ruby Steiner, 20301 West Country Club Drive; Stanley Price, Esq., 701 Brickell Avenue; and Lionel Socolov, 3530 Mystic Point Drive. This motion was offered by Councilmember Holzberg, seconded by Councilmember Rogers-Libert and unanimously passed by voice vote. 12. REPORTS 13. PUBLIC COMMENTS: The following members of the public addressed Council: Mr. Steiner; Mr. Socolov; Harry Crook, Commodore Plaza; and Irv Schwartz, Turnberry Townhomes. Mayor Snyder announced that an Arbor Day celebration was planned for April 29, 1997 at 10 a.m. 14. ADJOURNMENT: There being no further business to come before Council at this time, after motion made, seconded and unanimously passed, the meeting adjourned at 8 p.m. Teresa M. Smith, CMC, City Clerk Approved by Council on Anyone wishing to appeal any decision made by the City Council with respect to any matter considered at a meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Council CJ Eric M. Soroka~(~l~er April 29, 1997 ~ Resolution Declaring the Acquisition of Parcel Located at Southwest Corner of Lehman Causeway and Country Club Drive to be a Public Purpose and Filing Eminent Domain Proceedings May 6, 1997 City Council Meeting Agenda Item "'/o/~ RECOMMENDATION As discussed at recent workshop meetings, it is recommended that the City Council adopt the attached Resolution which authorizes the filing of Eminent Domain Proceedings and declaring the acquisition of the subject parcel to be a public purpose. The site will be utilized for locating the proposed Government Center, Police Station and Cultural Center. BACKGROUND The subject site was selected based on its central location and access to all residents and its close proximity to the proposed Aventura Founders Park site. The City Administration has been negotiating with the property owners for over four months without success. Both parties were unable to reach an agreement on the sales price of the property. The property owner has requested $3.4 million dollars and the City has offered $2.9 million. Therefore, in order to ensure that the City meets its timetable for the construction of the Government Center, it is recommended that eminent domain procedures be initiated to obtain the subject property. If you have any questions, please feel free to contact me. Attachment EMS/aca CC0288-97 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA~ FLORIDA DECLARING THE ACQUISITION OF A CERTAIN 3.3+ ACRE PARCEL OF VACANT PROPERTY LOCATED AT THE WEST SIDE OF COUNTRY CLUB DRIVE, SOUTH OF THE WILLIAM LEHMAN CAUSEWAY IN AVENTURA, FLORIDA TO BE A PUBLIC NECESSITY IN ORDER TO LOCATE THE PROPOSED CITY OF AVENTURA GOVERNMENT CENTER AND CULTURAL FACILITY; AUITHORIZING THE EMPLOYMENT OF APPRAISERS; AND AUTHORIZING THE FILING OF EMINENT DOMAIN PROCEEDINGS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura (the "City") is presently planning for the development of a Government Center facility for the City consisting of a City Hall, Police Station, Cultural Center and other municipal offices (the "Government Center") within the City; and WHEREAS, the City Manager has determined the need for acquisition of that certain 3.3_+ acre parcel of land located at the wast side of Country Club Drive, south of the William Lehman Causeway in Aventura, Florida due to its proximity to both the central point of the City and Aventura Founders Park site, as described on Exhibit "A" attached hereto (the "Property") for use .~nd development as the Government Center for the City, and has recommended the acquisition by the City of such Property, for such purpose; and Resolution No. Page 2 WHEREAS, the City Council has determined the location for the Government Center should be centrally located for all residents and adjacent to the proposed Aventura Founders Park site; and WHEREAS, funds are available for the acquisition of the Property; and WHEREAS, the City Council finds that the acquisition of the fee simple title to the Property is for a public purpose, to-wit: the City of Aventura Government Center, and is essential to the accomplishment of the Government Center project, and as such, constitutes a public necessity and is necessary and essential to the best interest of the City; and WHEREAS, in order to accomplish the acquisition of the Property, it is necessary for the City Manager and the City Attorney to take legal action and to employ real estate appraisers and other experts. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Council adopts and ratifies each of those matters set forth in the foregoing recitals. Section 2. The City Attorney is hereby authorized and directed to employ appraisers for the purpose of securing appraisals of the value of the Property described in Exhibit "A", for the purpose of acquiring the fee simple title to such Property, and providing expert testimony as may be required for such purposes. Resolution No. Page 3 Section 3. The City Attorney is hereby authorized and directed to proceed to take the necessary steps for the City to acquire in its own name by donation, purchase or eminent domain proceedings, the fee simple title to the Property, and to have prepared in the name of the City of Aventura, Florida, all papers, pleadings and other instruments required for the purpose, and to see that all eminent domain proceedings are prosecuted to judgment. Section 4. That the City Attorney and City Manager are hereby authorized and directed to take such further actions as are reasonably required to fully accomplish the purposes hereinabove directed. Section 5. That the Property described in Exhibit "A" is to be used for the following public purpose: The City of Aventura Government Center, as described in this Resolution. Section6. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Councilmember , who moved its adoption. 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 Resolution No. Page 4 Councilmember Patricia Rogers-Libert Vice Mayor Jeffrey M. Perlow Mayor Arthur I. Snyder PASSED AND ADOPTED this 6th day of May, 1997. ARTHURI. SNYDER, MAYOR ATTEST: TERESA M. SMITH, CMC, CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY EXHIBIT A POR~OH OF* '~.ACT '*XI" OF '*F~ ~DDXT~O~. BXS~YNE YA~T MID 99 AT.:P~GE 20 OF ~-PO~C ~OR~ ~ ~K~L~, ~RXDA~ ~l~ N3*00~33"Wf.~G ~ ~ ~ OF ~D ~ 'XX~, ~ A DXST~CE Nd~e~gw2?"E ~R ~2.10 ~; ~ ~ S3e0O°3~"E, ~ A LX~ 44 276~88.'~ ~ T~ PO~ ~ X~Z~ I~:TH THE SO~ LINE ~ ~XD ~ .~e; ~CE R~ N87e35*4G'~ ~NG I;AXD ~ LINg OF T~ CITY OF AVENTURA OFFICE OF THE CITY COUNCIL MEMORANDUM TO: FROM: DATE: SUBJECT: Eric M. Soroka, City Manager Jeffrey M. Perlow, Vice Mayor May 1, 1997 Planning Advisory Board Appointment My recommendation to fill the vacancy left by William Landa's resignation from the Planning Advisory Board is Harry Crook. JMP/tms cc: City Council 431'Y OF AVB IIUILA -ro~ From: Date: Subject: Eric $oroka City Manager Patricla Rogers-Libert Councilwoman Wednesday, April 30, 1997 Appointment to Planning Advisory Board This is to request that Schelly Strauss be appointed to the Planning Advisory Board, to fill the vacancy of Margaret Reeves. Ms. Strauss resides in One Is- land Way, and owns and operates a boutique in the Waterways Shops. She can be reached at 936-0913. I have advised her of the meeting planned for May 28th at 9 AM. I request that, once approved by the City Council, we arrange a meeting with her to review materials distributed at today's meeting. Thank you. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENTS OF HARRY CROOK AND SCHELLY STRAUSS TO THE CITY OF AVENTURA PLANNING ADVISORY BOARD IN ORDER TO FILL TWO VACANCIES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, by Ordinance No. 96-33, the City Council of the City of Aventura provided for the creation of the Planning Advisory Board; and WHEREAS, in accordance with the provisions of Section 3.11 of the City Charter of the City of Aventura, the City Council wishes to provide for approval of members to the Planning Advisory Board; and WHEREAS, there presently exists two vacancies in the seven-member Board due to the resignations of Margaret Reeves and William Landa; and WHEREAS, this Council wishes to promptly fill those vacancies. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Council hereby approves the appointment by the Mayor of the following additional individuals to the Planning Advisory Board to fill two vacancies created by the resignations of Margaret Reeves and William Landa: Harry Crook Schelly Strauss Section 2. This Resolution shall become effective immediately upon its adoption. Resolution No. Page 2 The foregoing Resolution was offered by Councilmember moved its adoption. 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 Councilmember Patricia Rogers-Libert Vice Mayor Jeffrey M. Perlow Mayor Arthur I. Snyder PASSED AND ADOPTED this 6th day of May, 1997. Al-rEST: ARTHURI. SNYDER, MAYOR TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY /tms CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Council circa Eric M. Soroka, May 2, 1997 Proposed Ordinance Establishing Sign Code 1St Reading May 6, 1997 City Council Meeting Agenda Item 2nd Reading June 3, 1997 City Council Meeting Agenda Item Attached for your review and consideration, is a revised Ordinance establishing the Sign Code for the City. The Ordinance contains the following revisions discussed at the April 30, 1997 Council Workshop. 1. Monument sign definition has been revised to include building material of stone, masonry or stucco. Section 6 a) Residential Identification Sign - Increase height to eight feet, established letter size of 20". b) Directional Sign - Increase height to three feet. Section 7 a) Non-Residential Monument Sign - Increased size from 32 square feet to 48 square feet, increased height to eight feet, revised setback from five feet to six feet and established letter size of 20". Section 7 b) Wall Signs - One additional sign for a corner location or through store not to exceed 50% of the primary sign, established letter height size of 60". 5. Section 7 g) Directional Signs - Added that Iogos are allowed but may cover no more than 25% of the sign area. Section 7 h) Regional Mall Signs - Established separate specific guidelines for a regional mall. Section 7 i) Hospital - Established separate specific guidelines for hospitals including monument sign of sixty-five square feet. 8. Section 8 b) Real Estate Signs - Added colors are limited to black and white. 9. Section 9 i) Flags - Established specific guidelines relative to flags. 10. Amortization Schedule. a. Non-conforming signs and signs displaying services or products removed prior to May 1, 2000. b. Channel/Letter wall signs that are less than twice the size allowed in the Ordinance removed prior to May 1, 2002. c. Grandfather - residential monument signs, residential, hospital and office building signs and flag poles. If you have any questions, please feel free to contact me. EMS/aca Attachment CC0290-97 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING SIGN CODE REGULATIONS; PROVIDING FOR PURPOSE; PROVIDING FOR DEFINITIONS; PROVIDING FOR PROHIBITED SIGNS; PROVIDING FOR REQUIRED SIGNS; PROVIDING FOR SIGNS NOT REQUIRING A PERMIT; PROVIDING FOR RESIDENTIAL DISTRICT PERMANENT SIGNS; PROVIDING FOR NON- RESIDENTIAL DISTRICT SIGNS; PROVIDING FOR TEMPORARY SIGNS; PROVIDING FOR SUPPLEMENTAL REGULATIONS; PROVIDING FOR SIGN PERMITS; PROVIDING FOR NON-CONFORMINGSIGNS; PROVIDING FOR SIGN MAINTENANCE; PROVIDING FOR REMOVAL OF IMPROPER SIGNS; PROVIDING FOR REPLACEMENT OF SIGN CODE PROVISIONS PROVIDED BY METROPOLITAN DADE COUNTY CODE SECTIONS 33-82 TO 33-121.27; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, Section 8.03 of the City Charter incorporates all code provisions, ordinances and resolutions contained in the Code of Metropolitan Dade County (the "County Code") on the date of the adoption of the City Charter; and WHEREAS, this City Council wants to repeal any conflicting provisions of the County Code pertaining to Sign codes and regulations, and establish its own Sign code for the City of Aventura, as well as enforcement and penalties for violations; and WHEREAS, it is protective of the public health, safety and welfare and in the public interest of the residents of the City for the City Council to regulate existing and proposed Signs; and Ordinance No. Page 2 WHEREAS, nothin.q in this Ordinance shall impair the enforcement of more restrictive restrictions imposed upon private property pursuant to the provisions of Restrictive Covenants of Homeowners' Associations and Master Associations or the provisions of Declarations of Condominium bylaws, rules or regulations issued thereunder; and WHEREAS, the City Council believes it is in the best interest of the public to require lush landscaping to be installed in coniunction with ground signs; and WHEREAS, the City Council desires to enhance t~eserve the unique aesthetic character of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Purpose. The purpose of this Ordinance is to promote and protect the public health, safety and general welfare by regulating existing and proposed Signs and other street graphics within the City. In particular, this Ordinance is intended to preserve the unique aesthetic character of the City and ensure that Signs are compatible with their surroundings. It is further intended to protect property values, create a better business climate, enhance the physical appearance of the community, preserve the natural beauty of the City and improve vehicular and pedestrian safety and reduce visual 2 Ordinance No. Page 3 pollution. It is the belief of this City Council that the nature of Signs is to provide an index to needed goods and services. It is the intention of this Ordinance to control those Signs and to authorize the use of Signs which are: (a) Compatible with their surroundings. (b) Expressive of the identity of individual proprietors or of the community as a whole. (c) Legible under the circumstances in which they are seen. (d) Effective in indexing the environment. (e) Conducive to promoting traffic safety by preventing visual distraction. Section 2, Definitions. Abandoned Sign: A Sign is considered abandoned if the business or other use advertised on that Sign is no longer licensed, no longer has an Occupational License or is no longer doing business at the location to which the Sign pertains. Animated Sign: A Sign that uses motion of any part by any means, or that displays flashing, oscillating, sequential or intermittent lights other than Time and Temperature Signs, stock market price quotations and Changeable Copy Signs. Attention-Getting Devices: Blinking or flashing lights, streamer lights, pennants, banners, balloons, streamers, and all fluttering, spinning or other type of attention attractors or advertising devices. 3 Ordinance No. Page 4 Awning Sign: A Sign placed on an awning that is supported entirely from the exterior wall of a building and composed of a non-rigid material, and a supporting framework. Balloon Sign: Any Sign of fabric type material, inflated by air to a point of semi- rigidity for the purpose of floating above the ground or a building. Banner Sign: A Sign having characters, letters or illustrations applied to cloth, plastic, paper or fabric of any kind with only such material for backing. National, state or municipal flags shall not be considered a banner. Bare Bulb Sign: Any Sign with an exposed bulb or other illuminating device. Billboard: A Sign, including Signs located in the public right-of-way, utilized for advertising an establishment, an activity, a product, service or entertainment, which is sold, produced, manufactured, available or furnished at a place other than on the property on which the structure is located. Box/Cabinet Wall Sign: Any Sign, the face of which is enclosed, bordered or contained within a box-like structure, frame or other device. Bunting: Any kind of pennant, streamer or other similar fabric decoration. Building Frontage: The horizontal distance on the ground from one end of a building to the other, parallel to the designated front lot line of the property, as determined by the Director. 4 Ordinance No. Page 5 Bus Bench/Shelter Advertising Sign: Any Sign painted on or attached to a bench or to a shelter used by persons awaiting transportation. Canopy Sign: A Sign hanging underneath a pedestrian shelter canopy in a Multi-tenant Center. Changeable Copy Sign: A Sign displaying messages that can be, or are intended to be, changed electronically or by use of removable letters and numerals. Channel Letter Sign: A Sign using three dimensional letters, numbers or Iogos with a groove, or other indentation or recess in the surface having an independent physical existence from the building or other structure to which it is attached. City Manager: The City Manager of the City of Aventura, Florida or persons designated by the City Manager to interpret, administer and enforce this Ordinance. Community Service Sign/Special Event Sign: Any Temporary Sign which advertises solely a function or event of a non-profit organization, civic event or meeting, or other similar activity of a temporary nature. Construction Sign: A Sign containing information relating to improvements to existing building or to new construction such as the project name, names of a general contractor, architect, engineer or similar firm. Ordinance No. Page 6 Detached/Freestanding Sign: Any Sign that is not attached to or painted on a building, but that is affixed to a supporting structure that is attached to the ground by a concrete foundation. Such Signs include Monument Signs. Such Signs do not include Pole Signs. Development Identification Sign: A Sign installed on a building or around the perimeter of a residential development or neighborhood identifying the name of that building, development or neighborhood. Director: The Director of the Community Development Department. Directional/Instructional Sign: A Sign which guides or directs the public and contains no advertising. The name of the facility (such as store name) to which the Sign provides direction may be included when specified conditions in this Ordinance are met. Directory Sign: A Sign index consisting of the names of tenants of an office building, shopping center or other Multi-tenant Center. 6 Ordinance No. Page 7 Entrance Feature: Any combination of decorative structures and landscape elements located at the entrance to the development, which identify or draw attention to the development and/or act to control ingress and egress to the development. An Entrance Feature may include, although is not necessarily limited to, ornamental walls, fences, identifying lettering, Iogos, works of art, and other landscape elements, as well as gatehouses, either singly or in any combination. Externally Illuminated Sign: Any Sign illuminated by shielded electric lights (including reverse channel lighting and back-lighting) which are not part of the Sign. All Externally Illuminated Signs shall have the illumination device fully screened from view. Facade: The front face of a building from the ground to the roof line. Flag: Any fabric containing distinctive colors, patterns, or symbols used as a symbol of a government, political subdivision or other similar entity. Government Instructional Sign: A non-commercial Sign permanently erected and/or maintained by the City, the County or State, or any agency thereof. Such Sign may include legal notices, identification and information and may direct or regulate pedestrian or vehicular traffic. Hospital: For purposes of this Ordinance, this term shall apply to only acute care hospitals and associated facilities with a minimum of 300 in-patient beds. Ordinance No. Page 8 Internally Illuminated Sign: Any Sign having translucent characters, letters, designs, Iogos or outlines illuminated by electric lights located within the Sign, or luminous tubes designed for that purpose. Marquee Sign: Any Sign attached to or hung from a covered structure projecting from, and supported by the building with independent roof and drainage provisions, and which is erected over a doorway or entranceway as protection against the weather. Model Sign: A Sign that designates a particular dwelling unit or units that is exhibited to depict other units of a similar design for sale or rent. Monument/Ground Sign: A stone, masonry or stucco Sign mounted on a freestanding solid structure supported solely by its own ground-mounted base or supported by two pole-like supports not to exceed 18 inches in height which is not attached or affixed in any way to a building or other structure. Multi-tenant Center: Any shopping center, office center or business center in which two or more occupancies abut each other on the sight or share common parking facilities or driveways or are otherwise related. Murals: Any mosaic, painting or graphic art technique applied, implanted or placed directly onto an exterior wall. 8 Ordinance No. Page 9 Nameplate Sign: A Sign indicating the name, and/or profession or address of a person, persons or business legally occupying the premises. Neon Sign: Any Sign or building trim utilizing a neon or other similar gas for illumination. Non-conforming Sign: A legal and permitted Sign existing as of the effective date of this Ordinance but which does not comply with the requirements of this Ordinance or any amendments to this Ordinance. Off. Premise Sign: Any Sign advertising a commercial establishment, activity, product, service or entertainment that is sold, produced, manufactured, available or furnished at a place other than on the property upon which the Sign is located. A Real Estate Open House Sign shall not be considered an Off-Premises Sign. Office Buildin.q: A Principal Building primarily used for the conduct of business, such as administration, clerical services, and consultation with clients and associates. Such buildings can be large or small and may house one or more office concerns. Painted Wall Sign: Any painted Sign attached to and erected parallel to the face of, or painted on the outside wall of any building. Parapet: A false front or wall extension above the Roof Line of a Principal Building. Parapet Sign: Any Sign attached to or supported by a Parapet. 9 Ordinance No. Page 10 Parcel Frontage: The distance for which a lot line of a property adjoins a street, from one property line intersecting said street to the furthest distance property line intersecting the same street. Pole Sign: Any Sign erected upon a pole or poles which is wholly independent of any building and/or other structure for support. Portable Sign: Any Sign not permanently attached to the ground or other permanent structure or any Sign designed to be transported. Portable Signs shall include, but not be limited to Signs designed to be transported by means of wheels; skid-mounted Signs; Signs converted to A- or T-frames; Menu and Sandwich Signs; Balloon Signs and Vehicle Signs. Principal Building: The primary structure excluding ancillary, accessory or attached structures or devices. Projecting Sign: A Sign directly attached to and extending from a building or other structure by more than four inches. Pylon Sign: A Sign attached to or painted on the face of a vertical or horizontal extension of any face of a building which extension constitutes an integral part of the building structure. 10 Ordinance No. Page 11 Reader Board: A permanent Sign or portion thereof with characters, letters or illustrations that can be changed or rearranged, electronically or otherwise, without otherwise altering the face or the surface of the Sign. A Sign on which the only copy that changes is an electronic or mechanical indication of time or temperature, stock market price quotations, or retail gasoline service station prices shall not be considered a Reader Board. Real Estate Open House Sign: A Portable Sign indicating property for rent, lease or sale that is currently open for inspection. Real Estate Sign: A Temporary Sign erected on-sight by the owner or his/her agent, indicating property which is for rent, lease or sale, open for inspection, shown by appointment only or such similar announcement. Residential Zoning District: An area containing land zoned for residential development. Reverse Channel Letter Sign: Opaque individual letters, numbers or Iogos that are mounted directly on the wall with lighting within the letter, number or logo so that they reflect off of the wall, i.e., reverse lighting. Roof: The roof of the Principal Building. Roof Line: The lower extreme of the flat or nearly flat roof limits of the Principal Building. Ordinance No. Page 12 Roof Sign: A Sign erected over or on the Roof, or extending above the Roof Line, which is dependent on the Roof, Parapet or upper walls of a building for support. Safety Sign: Any type of safety marking or device as may be prescribed by fire authorities or any other official public agency. Sign: Any structure and all parts composing the same, together with the frame, background or support therefor, that is used for identification, advertising, informational or display purposes or any statuary, sculpture molding, casting or other objects used for identification, informational, advertising or display purposes in a permanent or temporary nature. Merchandise, vehicles or equipment used as an attention attractor or advertising device, with or without a printed message, shall be considered a Sign. Sign Area: The square foot area enclosed by the perimeter of the Sign structure, including borders and framing. When a Sign is composed of individual letters, symbols or Iogos only, the Sign Area is the area enclosed by a perimeter line forming a single rectangle or square enclosing all letters, symbols and Iogos, and shall be measured to the furthest point. In the case of a Monument Sign, the Sign Area is the square foot area from the ground to the maximum height, times width. Sign Height: The height of a Sign measured from the finished ground elevation to the top extremity of the Sign. If the area around the Sign is bermed, then the height of the Sign is measured using the crown elevation of the fronting street. Ordinance No. Page 13 Snipe Sign: A Sign that is tacked, nailed, posted, pasted, glued or otherwise attached to trees, poles, stakes, walls, trash receptacles or fences, or to other objects, excluding notices required by law. Swinging/Hanging Sign: The term shall mean any Sign of larger than four square feet in size which swings freely, rotates or revolves from or on supports with or without guy wires. Temporary Sign: Any Sign to be displayed for a limited period as specified elsewhere in this Ordinance. A Temporary Sign shall be displayed only on the sight to which it applies. Throuqh Store: A tenant with fronta.qes on two sides but not corner locations. For purposes of this Ordinance, fronta.qe on two sides shall be defined as a tenant where frontages are internal to the center, or the center and a public street. Time and Temperature Sign: A display containing illuminated numerals flashing alternately to show the time and/or temperature. Traffic Control Sign: Any sign found in the Manual of Uniform Traffic Control Devices as may be amended from time to time. 13 Ordinance No. Page 14 Vehicle Sign: A Sign affixed to or painted on a transportation vehicle including automobiles, vans, trucks, boats, trailers and campers for the purpose of identification or advertisement, excluding Signs less than two square feet per side of the vehicle and excluding Signs on vehicles used in the normal day-to-day operations of a business. V-Sign: A freestanding Sign with two sides angled rather than parallel and flush. The spread of the ¥ at the open end shall not be greater than the length of its narrowest side. A V-Sign shall be counted as one Sign. Wall Sign: A Sign which is affixed to or painted on and fiat against an exterior wall, fascia, cantilever or marquee of any building that is parallel thereto and supported by such wall, fascia, cantilever, marquee or building. Window Sign: A Sign attached to or painted on the inside of a store front window or door. Section 3. Prohib~. The following are prohibited: a) ^ Sign which significantly covers, architectural features of a building. b) Abandoned Signs. interrupts or disrupts the major 14 Ordinance No. Page 15 c) All Signs which display services or products as opposed to the business name. d) All Signs located on or over public property or right-of-way, except those installed by governmental agencies. e) Animated Signs. f) Any Sign placed on or attached to utility poles except for the purpose of utility identification. g) Any Signs that could be confused with a Traffic Signal or Traffic Sign. h) Any Signs that in the opinion of the City Manager constitute a safety hazard. i) Attention-Getting Devices. j) Balloon Signs. k) Bare Bulb Signs. I) Billboards, other than~ ,.v,,.....v_~,'~'~*-"~ w,~',, ~"'~'~'~.v-v,-. ,-..~ .... those lawfully existin,q on the effective date of this Ordinance and protected by Sec. 479.15(2), Fla. Statutes. 15 Ordinance No. Page 16 m) Box/Cabinet Wall Signs utilizing internal illumination excepting Box/Cabinet Wall Signs comprised of boxes with cabinets consisting of individual letters or where each box/cabinet consists of an individual letter or where the individual letters are translucent and the Sign face is opaque. n) Buntings. o) Bus Bench/Shelter Signs. p) Changeable Copy Signs except as specifically permitted under this Ordinance. q) Signs erected or painted on fences or wall enclosures except as specifically permitted in this Ordinance. r) F~.~ ........ v..~v~....*~"",~ ,...~,.v i ~..;,..~....v v.~.~v~*~*~o .c~,~ .... ~.,~'~ ~.,v ............. ~.~. ,...,~,..~,*'-~ ~gsncy FI~ tn be ,41o,.~ .... ,~ *,'..'~'+J'-'~ on a ,..4~ Ro+ to~..v~v~'~ ~°n f~e*. j~..h~"h+'.~,~..., ore ~.~..""4~' ..... ~. .......... pgr ........ ~, s) Marquee Signs, except as specifically permitted in this Ordinance. t) Murals. u) Neon Signs (other than Reverse Channel and Wall Signs where permitted) including neon building trim. v) Off-Premise Signs. w) Painted Wall Signs. 16 Ordinance No. Page 17 x) Parapet Signs, excepting that 50% of that portion of a sign located in an area with a parapet may extend above the roof line. y) Any Signs illuminated from outside the boundaries of the Sign unless the source of illumination is not visible from any abutting right-of-way or any adjacent property. z) Pole Signs. aa)Portable Signs, except as specifically permitted under this Ordinance. bb)Projecting Signs, except Canopy Signs. cc) Pylon Signs. dd)Reader Boards. ee) Roof Signs. fO Service station pump island banners or advertising or promotional Signs. gg)Signs attached to trees or other vegetative landscaping material. hh)Signs placed on awnings, shades, canvas or other similar structures, except as specifically permitted. ii) Snipe Signs. jj) Swinging/Hanging Signs. 17 Ordinance No. Page 18 kk)Vehicle Signs close to or on the public right-of-way when used for advertising purposes at a given location or sight in addition to or in lieu of Temporary or other Signs permitted under this Ordinance. II) All Signs not specifically permitted. Section 4. Required Signs. The following Signs shall be placed where relevant by a property owner and do not require a permit: a) Safety Signs b) Address numbers: 1) Residential building with four dwelling units or less -- address numerals at least four inches high but not greater than ten inches. 2) Residential building with more than four dwelling units -- address numerals at least ten inches high. 3) Non-residential buildings - address numerals at least ten inches high. c) Handicapped parking and handicapped access Signs: In accordance with state handicapped parking and Federal Disabilities Act access requirements. d) Traffic Control Signs 18 Ordinance No. Page 19 Section 5. Other Signs I No permit required The following Signs may be placed without the filing of an application for the issuance of a permit or the payment of a fee, but shall, unless otherwise exempted, be subject to all other regulations set forth in this Ordinance. The foregoing exemption from filing shall not be construed to waive the other provisions of this Ordinance or the structural requirements outlined by this Ordinance and/or the South Florida Building Code, as may be amended from time to time. a) Government Instructional Signs b) Temporary holiday decorations, provided they carry no advertising matter, and further provided that they are not in place more than 45 days and are removed fourteen seven days after the holiday ends. c) No-trespassing and no-dumping Signs not to exceed one and one-half square feet in Sign Area and not to exceed four per lot, except that special permission may be obtained from the City Manager for additional Signs under proven special circumstances. d) Permitted Flags. e) Nameplate Signs in residential districts when letters for said Signs do not exceed three (3) square feet in Sign Area. 19 Ordinance No. Page 20 f) Nameplate Signs in non-residential districts on the rear of the building with Sign Area not in excess of three (3) square feet and with letters not exceeding three (3) inches in height. g) Signs of a noncommercial nature erected by public utilities. h) School and places of worship Signs as specified in this Ordinance. i) Signs indicating the availability of accommodation in hotels, motels, etc., when said Signs conform with all provisions of this Ordinance and when said Sign Area does not exceed three (3) square feet. j) Changes of copy in permitted Changeable Copy Sign. k) Handicapped Parking Signs or other similar parking Signs. Section 6. Residential District PermanentSiRns. The following Signs are authorized in all Residential Zoning Districts and Residential-office Zoning Districts: a) Development Identification Sign: Permitted only for (i) multifamily buildings with more than five units; (ii) single-family developments with more than five units; (iii) religious institutions, schools and public uses. Where multifamily dwellings are part of a larger development, there shall be only one Ordinance No. Page 21 Development Identification Sign on each public street frontage of the development. Approvals Necessary City Manager Number (maximum): Sign Copy Area (maximum): Sign Height (maximum): Letter Hei.qht (maximum): Setback (minimum): Illumination Changeable Copy Sign I Monument Sign (or Sign mounted on perimeter wall) per street frontage indicating the name and address of the complex, except 2 are permitted where attached to wall of symmetrical Entrance Feature 32 sq. ft. (aggregate if 2 Signs) _84 ff. 6 § ft. from right-of-way, 15 ft. from side property line Externally Illuminated Signs only. Schools, religious and public institutions only may be permitted one Changeable Copy Sign in lieu of the permitted Monument Sign. Said Sign shall not exceed thirty-two (32) square feet in Sign Area. 21 Ordinance No. Page 22 b) Directional Approvals Necessary City Manager Number: To be approved as part of site plan. If plan, Sign Area (maximum): Sign Height (maximum): Other restrictions not approved as part of site separate permits required 4 sq. ff. each No advertising copy. or.v=v~ .... Logos may cover no more than 25% of the Sign Area. Section 7. Nonresidential District Signs. The following Signs are authorized in ail nonresidential districts in the City: a) Detached, Freestanding or Monument Signs where otherwise permitted, shall not be closer than two hundred (200) feet to any other previously permitted Detached, Freestanding or Monument Sign. 22 Ordinance No. Page 23 Approvals Necessary City Council Number (maximum); Sign Area (maximum): ~(~ ,~. Or m~r~ r~ D~r~l I~r~n~r~' i~ ~. 300 ff Sign Height (maximum): Letter Height (maximum): 1 per parcel; parcel must have frontage of at least 100 feet on a public street, except for gasoline station parcels where a 4__~8 32- square foot Sign shall be permitted notwithstanding the street frontage of the parcel occupied by the gasoline station. (Subdivision of an existing building or planned building group shall not entitle the new parcels to additional Monument Signs). 4._~8 32 sq. ft. maximum 24 cq ff "~"~'~'"'~ 6$ft. 20 ft. Externally Illuminated Signs only. Setback (minimum): From right-of-way line: From side property line: Illumination Supplemental provisions: Option on number of Signs if parcel has 300 or more feet of Parcel Frontage and two two-way access points on different public streets. 2 Signs, a(~qre~ate area not to exceed 72 sq. ft. . . Ordinance No. Page 24 Logos may cover no more than 25% of the Sign Area. Time and Temperature Sign authorized within total permitted Sign area. Landscaping and visibility sight triangle on corner lot. Changeable Copy Sign See applicable provisions contained in this Ordinance. Schools, religious and public institutions only may be permitted one Changeable Copy Sign in lieu of the permitted Monument Sign. Said Sign shall not exceed fortv-ei~ht (48) th!.'!.y ~;;~ (32) square feet in Sign Area. 24 Ordinance No. __ Page 25 b) Wall Sign (Permitted only on buildings where the majority of the floor area is in retail use. In the case of a Multi-tenant Center, Wall Signs are permitted on walls that face an access drive or internal courtyard). Approvals Necessary Type Number (maximum): Sign Area (maximum): Letter HeiRht (maximum): Illumination: Supplemental provisions: See gas station provisions contained in this Ordinance City Manager Reverse o_r Channel Letter Sign only 1 per ground or second floor establishment which has its own frontage and entrance facing a public street. (If the Parcel Frontage requirement for a Monument Sign precludes an office building from having a Monument Sign, one building identification Wall Sign that otherwise meets the Wall Sign standards is authorized). Corner or Throu,qh Store locations may have an additional wall si,qn. Such second si,qn shall be limited to 50% of the square foota,qe of the primary sign. 1 sq. ft. for each 1 lineal ft. of Tenant Frontage See definition of Reverse o_r Channel Letter Sign 25 Ordinance No. Page 26 c) Canopy Sign: Approvals Necessary City Manager Number (maximum): I 1 per establishment 4 sq. ft. Sign Area (maximum): Minimum clearance above ground: Must be rigidly attached d) Awning Sign (permitted only in lieu of Wall Sign): Approvals Necessary Number (maximum): Lettering Logo City Manager I per establishment line; letters not to exceed 9 in. in height Maximum of 6 sq, ft. e) Directory Sign: Approvals Necessary Number (maximum): Sign Area (maximum): Location Illumination City Manager I per Multi-tenant Center, in addition to other permitted Signs 32 sq. ft. Complex name and/or address ;hall not exceed 50% of base height. On building wall (or freestanding within internal courtyard) Externally or Internally Illuminated Signs. 26 Ordinance No. Page 27 Window Sign (permanent): Approvals Necessary City Manager Number (maximum): 1 per establishment Sign Area (maximum): illumination Prohibited g) Directional Sign: Approvals Necessary City Manager Number 4 square feet; letter height not to exceed four inches. Sign Area (maximum): Height (maximum): Other restrictions To be approved as part of site plan; if not plan, permit approved as part of site required 4 sq. ft. No advertising copy.or ,v=vv~-'"'-- Logos may cover no more than 25% of the Sign Area. 27 Ordinance No. Page 28 h) Regional Mall Siqns: The following s~qns are authorized in all Regional Malls located within the City and consisting of an enclosed mall with a minimum of three maior tenants (minimum 100,000 square feet) and located on not less than seventy acres and consisting of not less than a total of one million square feet. 1. Detached, free standing or monument signs may be located at each entry drive onto the regional mall property from any abuttino I~ublic r~lht- ohwa~ Approval Necessary Number (maximum) Sign Area (maximum) Mall Property entry signs Free Standing Establishment Sign Height Mall Property Entry Free Standing Establishment City Manager 1 per access drive 1 per each establishment which is located adjacent to the public right-of-way or internal roadway 195 square feet maximum; the square footage shall be calculated based only on the side/area having copy and not include any side without copy on architectural features or shaped sign such as cubes, squares or other geometric shape See Non-residential sign requirements. 15ft. See Non-residential sign requirements. 28 Ordinance No. Page 29 Letter Hei,qht (maximum): Setback Mall Property Si,qn Free Standing Establishment Illumination 20" 6ff. 6ft. External or internal illumination of letters and Io.qos only Ordinance No. __ Page 30 2. Wall siqns are only permitted on the three exterior walls of the major tenants of not less than 100,000 square feet which face the exterior reqional mall property. Other tenants which provide direct public access from the mall property such as major restaurants or theaters may also have wall si.clns. Tenants havin.q direct access to an external open courtyard area may have a wall sicln facing such courtyard. Approval Necessary Number (maximum) Sign Area (maximum) Major tenants (minimum square feet of floor area) Exterior Access tenants Open Courtyard tenants Letter Height (maximum): Illumination 100,000 City Manager 1 for each exterior wailfor a tenant of at least 100,000 square feet, facing the exterior mall premises. Such sign may only be located on the exterior wall of the s )ecific tenant space identified. 1 per tenant for other tenants which provide direct access from the mall exterior or for tenants having direct access onto an open courtyard. 500 sq. ft.; Lettering not over 12" located on a wall, overhang or canopy which designates specific uses of a 100,000 sq. ft. tenant shall not constitute a sign for ~urposes of this ordinance. 75 sq. ft. 75 sq. ft. 72" Reverse channel letters or external illumination. 3O Ordinance No. Page 31 3. Canopy Si[in: Approvals Necessary Number (maximum) Sign area (maximum) Minimum clearance above ground Must be rigidly attached City Manager 1 per establishment 4 sq. ft. 8 feet 4. Awnin[i Si[In: Approvals Necessary Number (maximum) LeVering Logo City Manager 1 per establishment 1 line; letters not to exceed 9 in. in ht. Maximum of 6 sq. ft. 5. Window S~qns: Approvals Necessary Number (maximum) Sign Area (maximum) Illumination Ci~ Manager I per establishment 4 sq. ft. Internal or external illumination Ordinance No. Page 32 6. Directional Signs: Approvals Necessary Number Sign Area Height Other Restrictions City Manager Approval as part of a site plan; if not approved as part of a site plan, permit required. Such signs may be located as Dart of the internal road system as needed to insure traffic flow and circulation. 75 sq. ft. 9 sq. ft. Only 100,000 sq. ft. tenant identification, name and/or Iogos allowed. Logos may cover no more than 25% of the Sign Area. Since Mall areas are by nature public access areas necessary precautions must be taken for the public safety, and permits will be required and processed in the usual fashion for any sign installation in the mall area; the processing shall include usual requirements for plans showing construction, method of installation, location, size and height above the pedestrian pathway.. Interior wall, window, awning, canopy signs and interior mall directory signs will be permitted and shall not be calculated as one of the signs permitted under the sign ordinance. 32 Ordinance No. Page 33 Any Non-conforming, le.qall¥ permitted signs that existed at the time this ordinance became effective may be continued, although it does not conform to all the provisions hereof, provided that no structural alterations are made thereto except for change of copy. The courtyard area may have entry signs and Io.qos to identify the courtyard area but shall not specify tenants. Such signs may be mounted on a wall, entry structure or other decorative feature. Such entry si(~naqe (lettering) shall be limited to 75 square feet. Directional signs without advertising throughout the parking structure are exempt from this limitation. 33 Ordinance No. Page 34 i) Hospital: 1) Detached, Free-standin,q or Monument Si.qns Approval Necessary Number (maximum) Sign Area (maximum): Siqn Height (maximum): Primary Sign Secondary Sign Setback (minimum): Right-of-Way Side Property Line Illumination City Manager By approval S,,~ .... ~., Area shall not exceed 65 48 sq. 15ft. 10ff. 6ft. 20 ft. Shall not be closer than 50' to another Detached, Monument Sign External, or internal illumination of letters and Iogos only. 34 Ordinance No. Page 35 2. Wall s~qns Approval Necessary Number (maximum) Sign Area (maximum) Illumination City Manager ~er elevation 1 sq. ft. for each 1 lineal ft. of elevation frontage Reverse or channel letters or external illumination. 35 Ordinance No. .... Page 36 Section 8. Temporary Signs. The following Temporary Signs are authorized in the City: a) Grand opening Banner: Residential Nonresidential District District Approvals Necessary City Manager City Manager Number (maximum): 1 per project 1 per establishment per calendar year in a Multi- tenant Center Sign Area (maximum): 30 sq. ft. 30 sq, ft. Sign Height (maximum): 4 ft. 4 ft. Length of display 14 consecutive days after 14 consecutive days after issuance of initial issuance of initial occupational license occupational license Frequency 1 per year 1 per year Other Restrictions Sign copy shall only Sign copy shall only include "Grand Opening" include "Grand Opening" and the Name of the and the Name of the Project. Signs shall Project. Signs shall indicate expiration date on indicate expiration date on lower right hand corner. lower right hand corner. Ordinance No. Page 37 b) Real Estate Signs: (No permit required). Residential Nonresidential District District Number (maximum): 1 per lot, except corner 1 per lot lots may have 2 Sign Area (maximum): 40 sq. in. aggregate for 4 sq. ft. aggregate each Sign Height (maximum) 4 ft. 4 ft. Setback (minimum) 6,5 ft. 6~ft. Length of Display Shall be removed within Shall be removed within 10 days after the closing. 10 days after the closing. Other Restrictions Sign copy shall be limited Sign copy shall be limited to: (i) situation (i.e. sale to: (I) situation (i.e. sale rent, lease, zoning, size of rent, lease, zoning, size of property); (ii) name of property); (ii) name of owner; broker or agent; owner; broker or agent; (iii) phone number; (iv) (iii) phone number; (iv) designs or trademarks not designs or trademarks not comprising more than 20% comprising more than 20% of Sign Area; (v) colors of Sign Area; (v) colors limited to black and white limited to black and white 37 Ordinance No..__ Page 38 c) Construction Sign: Residential Nonresidential District District Approvals Necessary City Manager City Manager Number (maximum): 1 per lot 1 per lot Sign Area (maximum): 32 sq. ft. 32 sq. ft. Sign Height (maximum): 4 ft. 4 ft. Setback (minimum): 6___~ ft. from property line, 6__~ ft. from property line, not not in right-of-way or sight visibility triangle in right-of-way or sight visibility triangle Length ofdisplay Permitted for a 12 month Permitted for a 12 month period from date of period from date of building permit issuance building permit issuance or or until construction until construction completed completed Other Restrictions Sign copy may include Sign copy may include only: (i) project name; (ii) only: (i) project name; (ii) nature of development; (iii) nature of development; (iii) general contractor; (iv) general contractor; (iv) architect; (v) lending architect; (v) lending institution; (vi) owner or institution; (vi) owner or agent; and (vii) phone agent; and (vii) phone number number 38 Ordinance No. Page 39 d) Model Sign: (No permit required). Residential Nonresidential District District qumber (maximum): 1 per model unit lot and 1 (Not applicable) per office lot Sign Area (maximum): 4 sq. ft. Sign Height (maximum): 4 ft. Model arrow Signs 3 per development not to exceed 2 sq. ft. each. Shall not be located in right-of-way or sight visibility triangle. Flags Not permitted, except as specifically allowed in this Ordinance Time limit Until certificate of completion/occupancy is issued for last house in development. Other Restrictions Sign copy may ~nclude only: (i) "Model"; (ii) builder; (iii) architect; (iv) agent; (v) number of bedrooms and baths; (vi) telephone number 39 Ordinance No. Page 40 e) Window Sign, Temporary: Residential Nonresidential District District Approvals Necessary Not permitted City Manager Sign Area (maximum): 10% of window area up to a maximum of 10 sq. ft. Time limit 14 days Business or use shall be Frequency limited to 5 such advertising Sign permits per calendar year f) Garage sale Sign: :~esidential Nonresidential District District Approvals Necessary City Manager Not Permitted Number (maximum): 1 per lot on site Sign Area (maximum): 6 sq. Height (maximum): 4 ft. Length of display Maximum of 1 weekend during any 6 month period Not on right-of-way Setback 40 Ordinance No. Page 41 g) Real Estate Open House Sign. Such Sign is located on-premises, on private property (upon permission of the private property owner), but which shall not act as an obstruction to vehicular or pedestrian traffic. (In conformance with design specifications as provided by the City Manager): (No permit required). Residential Nonresidential District District Number(maximum): 1 per property (2 per I per property (2 per property when more than 1 property when more than 1 unit is for lease or sale on unit is for lease or sale on property) property) Sign Area (maximum): 6 sq. ft. 6 sq. ft. Sign Height (maximum): 6 ft. 6 ft. Time limit Permitted Saturdays and Permitted Saturdays and Sundays 10:00 a.m. to Sundays 10:00 a.m. to 4:00 p.m. Must be 4:00 p.m. Must be removed same day. removed same day. h) Community Service Signs/Special Event Signs: The number, size and Location of Signs to be determined by the City Manager. 41 Ordinance No. Page 42 i) School and places of worship Signs. Not in freestanding in freestanding structure structures Approvals Necessary City Manager City Manager Number: I 1 Sign Area (maximum): 12 square feet 32 square feet Sign Height (maximum): 5 feet 6 feet Setback Shall not be placed in any Shall not be placed in any right-of-way or sight right-of-way or sight visibility triangle, visibility triangle. Length of display Shall be displayed only Shall be displayed only during worship services during worship services and related functions, and related functions. Section 9. Supl~lemental re.qulations. a) Multi-tenant Center Sign graphics criteria. 1) The owner of a Multi-tenant Center shall submit to the City Manager a written statement of the uniform Sign graphics criteria for the Multi- tenant Center (the "Criteria'). The City Manager shall review the Criteria, make a recommendation and submit the Criteria, along with 42 Ordinance No. Page 43 the recommendation to the City Council, for final approval. Once the Criteria have been approved, they shall apply to the entire Multi-tenant Center, as well as to each individual occupant, and shall remain in effect for so long as the Multi-tenant Center exists, regardless of a change in ownership or management, unless and until the owner obtains approval to amend the Criteria from the City Council. The Criteria for each Multi-tenant Center shall include, but not be limited to, color(s), type of Signs, style of letters, size of letters (maximum or minimum) and size of Signs. 2) An application to erect any Sign for any portion of a Multi-tenant Center shall include and comply with the Criteria established for the Multi-tenant Center, a sketch of the proposed Sign and the written consent of the owner of the Multi-tenant Center for the proposed Sign. b) Illumination of buildings by Externally Illuminated Signs: There shall be no illumination of buildings facing residentially zoned properties. The degree of illumination of buildings by Externally Illuminated Signs, where permitted, shall not be brighter than the standard for parking lot and grounds lighting. c) Changeable Copy Signs: l) Drive-through Restaurant: In addition to other permitted Signs, Drive- through restaurant establishments shall be permitted to have a 43 Ordinance No. Page 44 Changeable Copy Sign showing menu or featured items, provided (i) it has a transparent protective locked cover; (ii) it is affixed to a wall of the establishment adjacent to the drive-in service window or located freestanding within and parallel to the drive-in lane area; (iii) Sign shall not exceed six feet in Sign Height or 32 square feet in Sign Area; (iv) a landscaped area of at least 100 square feet shall be located around the base of all such Signs. Additionally, whenever such Sign is visible from a right-of-way a tree shall also be required and located so as to screen the Sign from the right-of-way. 2) Theaters and playhouses: May be permitted one Sign in addition to those permitted by this Ordinance for the purpose of displaying Changeable Copy, with the approval of City Council. At no time shall the additional Changeable Copy Sign exceed 40 square feet in Sign Area for a single screen or stage theater. Multiple screen theaters may be permitted additional Sign Area, of 10 square feet per movie screen. Such Changeable Copy Sign shall contain only the title of the performance, the MPAA rating, the hours of the performance, and the name of the production company or of the major star. 44 Ordinance No. Page 45 d) Gasoline station canopies. A company logo not to exceed four square feet shall be permitted on each side of a gasoline station canopy. Wall Signs shall be prohibited on gasoline station canopies. e) Billboards. No portion of any Billboard that exists at the date of this Ordinance shall be located closer than ten feet to any right-of-way line. Additionally, a relocated Billboard shall be considered a new Billboard. f) Rear of Signs. Where the rear or side of any Sign is visible from any street or from any adjoining Residential Zoning District, such side or rear shall present a completely finished appearance. g) Nuisance and safety. l) Illumination: No Externally or Internally Illuminated Sign shall cause an unreasonably excessive glare intensity in an adjacent residential district. 2) Sight visibility triangle: No Monument Sign shall be located within a 25- foot triangle at the intersection of two public streets (measured along the property or right-of-way line) unless it is 30 inches or less in height. 45 Ordinance No. Page 46 h) Landscaping of Detached and Freestanding Signs. Unless otherwise provided in this Code, all Detached and Freestanding Signs shall be placed in a planting bed with at least one hundred sixty square ~.':o feet of planting surrounding the Sign on all sides. This bed shall contain shrubs, flowers or other ground cover, and shall be shown on a site plan or survey submitted for approval in coniunction with a sign permit application. i) Fla.qs. 1) Flags are limited to the official flag of governmental units. 2) The number of flag poles which can be displayed at one time upon one site is as follows: · Residential - 1 pole per lot not to exceed a height of 35' · Nonresidential - 2 poles per lot not to exceed a height of 35' 3) Flag size not to exceed 40 square feet. 4) Exceptions to the type, size of fla,q or number of poles may be granted by the City Manager only when it is determined that: a) The flags have not yet been installed. b) The flags are not be utilized as attention getting devices. c) The flags are not displayed in a manner that promotes any commercial venture. 46 Ordinance No. Page 47 d) That the proper dignity and respect is maintained. 5) Height of the flag pole shall be as measured from the crown of the road. Installation of a flag pole requires a building permit and shall not be located less than seven (7) feet from any public right-of-way line, or less than five (5) feet from any adiacent property line. 6) Flag(s) shall be no larger than as permitted herein except on Federal, State and local governmental properties or on Federal legal holidays. Section 10. Permit requirements as condition precedent to the installation or alteration of Signs. a) Permit required. It shall be unlawful for any person to install, relocate, alter or cause to be installed, relocated or altered within the municipal limits of the City, any Sign without first having obtained a required permit from the City Manager, which said permits shall be issued only after a determination has been made of full compliance with all conditions of this Ordinance. No person shall install, relocate, alter or cause to be installed, relocated or altered, any Sign, other than Temporary Signs, unless the person is properly licensed to install, relocate, or alter Signs in Dade County. It shall be unlawful for person to knowingly construct or cause to be constructed a Sign contrary to the regulations of this Ordinance. 47 Ordinance No. Page 48 b) Permit applications. Applications for permits required by this Ordinance shall be filed with the City Manager and shall contain the following information: 1) Name and address of owner of proposed Sign and/or authorized agent. 2) Type of Sign/or Sign structure with all relevant dimensions. 3) Location and legal description of premises upon which Sign is to be located. 4) A plan or design of the Sign, to scale, showing the square foot Sign Area and Sign Height of the Sign as well as the Sign face, height of letters, colors, materials, lighting, equipment, if any, and its position relative to the building and/or property line. 5) Value of the Sign. 6) Written permission to erect proposed Sign from owner and/or owners of property on which said Sign is to be erected. 7) Such other structural and technical information as may be required by either the Building Official or Community Development Director. c) Permit fees. Permit fees for the erection of Signs shall be collected in accordance with this Code. 48 Ordinance No. Page 49 d) Permit issuance; labels to be affixed. If upon examination, City Manager or his/her designee, determines that an application is in conformance with the provisions of this Ordinance, he/she shall cause a written permit to be issued authorizing the installation of the Sign. With each permit the City Manager or his/her designee shall also cause a label to be issued bearing a unique identification number. This label shall then be affixed to the Sign by the permittee prior to final inspection by the Building Official, in a manner so that the label will be' readily visible for inspection purposes. Absence of such a label upon any Sign constructed or installed shall be prima facie evidence of failure to meet the requirements of this Ordinance. e) Permit revocation. Permits issued under this Ordinance shall be valid for the life of the Sign approved. However, any permit may be revoked by the City Manager upon the determination that the Sign is not in full compliance with the provisions of this Ordinance. Further, if the Sign authorized by any permit has not been constructed within three months after the date of issuance of that permit, the permit shall automatically be revoked and a new permit required. 49 Ordinance No. Page 50 f) Appeals of Administrative Decisions. Anyone appealing an administrative decision relating to a Sign application or the permitting process may appeal such decision to the City Council by filing a request with the City Clerk within 15 calendar days of the decision of the City Manager. The Clerk shall place such item on the next available City Council agenda. gl Variances. Anyone seeking a variance of the provisions of this Ordinance shall file such application with the City Manager. An application for variance shall be made pursuant to the City's procedure for requesting a zoning variance and shall be scheduled for a hearing by the City Council who shall grant or deny such variance using the criteria for zoning variances. 50 Ordinance No..__ Page 51 Section 11. Non-conformin~ Signs. All future changes to any such Signs will require conformity to this Ordinance. a) Amortization of Sign Code Non-conformities. The following Am~ Non-conforming Signs that existed at the time this Ordinance became effective may be continued, although it does not conform to all the provisions hereof, provided that no structural alterations are made thereto and that all such Non-conforming Signs shall be completely removed from the premises or made to conform by May 1,2000: 1) Any Non-conformin~l Si.qn; 2) Those Signs that display services or products as opposed to the business name; 3) Nonresidential Monument Signs. b) Exception to amortization schedule. 1) The following Non-conforming Signs that existed at the time this Ordinance became effective may be continued, although it does not conform to all the provisions hereof, provided that no structural or text alterations are made thereto and that all such Non-conforming Signs shall be completely removed from the premises or made to conform by May 1,2002 7. a) Channel letter signs that otherwise meet all requirements of this Ordinance provided that the size is not twice the square footage allowed by this Ordinance; Ordinance No. Page 52 2) The following Non-conforming Signs that existed at the time this Ordinance became effective may be continued, although it does not conform to all the provisions hereof, provided that no structural or text alterations are made thereto: a) Monument signs located in residential ' ' districts. b) Residential, Hospital and Office Building Wall Signs; c) Flag poles that existed at the times of the adoption of this Ordinance. 3) Non-conforming Portable Signs, Banners, Flags, traffic hazard Signs, all paper window display Signs, and service station pump advertising and promotional Signs, shall be removed within three months of the effective date of this Ordinance. 4)All illegal Signs shall be removed immediately. 5) /~ .... ; ......;~ ~*-,- ~-,~- ...... ?, 1997 ch~" c) Other termination of Non.conforming Signs, 1) By abandonment - Abandonment of a Non-conforming Sign shall terminate its Non-conforming status. 52 Ordinance No. Page 53 2~ By damage or poor condition - The Non-conforming status of a Sign shall cease whenever the Sign is damaged beyond 50 percent as determined by the City Manager from any cause whatever, or to the extent the Sign becomes a hazard or danger. ~ Abandoned and damaged Signs, as described in this Ordinance, shall be removed by owners in accordance with the requirements of this Ordinance. d) Maintenance of Non-conformin,q S(qns. Non-conforming Signs shall be maintained in a safe condition and may be repaired or otherwise maintained provided the Sign structure is not moved, altered or replaced; provided, however, that no repair or alteration shall be made unless first approved by the City Council, except when an emergency repair is needed for preservation of public safety, as certified by the Buildin.q Official and City Manager. Unauthorized repair or alteration will result in the termination of Non-conformin.q status. e) Non-conformities created by amendments to this Sign Ordinance. Any Sign which becomes Non-conforming as a result of any subsequent amendments to this Ordinance shall be completely removed from the premises, or altered to conform, not later than three years from the date such Sign becomes non-conforming. 53 Ordinance No. Page 54 All Non-conforming Signs that are not registered with the City Manager within 90 days of the effective date of this Ordinance are illegal and shall be removed immediately. Section 12. Si.qn maintenance. a) Maintenance. All Signs shall be maintained in a safe, presentable and good structural condition, which shall include the replacement of defective parts, repainting, cleaning and other acts required for the maintenance of the Sign. The area around the base of the Sign shall be kept free of weeds and debris. If a Sign does not comply with the above standards, the City Manager may require its removal in accordance with this Ordinance. b) Dangerous or defective Signs. No person shall permit to be maintained on any premises owned or controlled by him/her, any Sign that is in a dangerous or defective condition. Such Sign shall be removed or repaired by the owner of the Sign or the owner of the premises. 54 Ordinance No. Page 55 Section 13. Removal of iml~roDer Si.qns. a) RemovaL The City Manager shall cause the removal of any Sign in violation of this Ordinance in accordance with the procedures set forth in the City of Aventura Code Enforcement Ordinance. b) Emergency. Notwithstanding the above, the City Manager may cause the immediate removal of any Sign that poses an immediate danger to the health, safety or welfare of the community. The City Manager may cause the Sign to be made safe as an alternative to removal. In either event, City personnel may enter onto premises, with or without the property owner's consent, for emergency repair or removal. c) Removal or repair costs. Costs incurred by the City in removal or repair of a Sign shall be charged to the real property owner on whose property the Sign is located. The City shall assess the entire cost of such demolition, removal or repair, which assessment shall include, but not be limited to, all administrative costs, postal expenses and newspaper publication costs. Such charge shall constitute a lien upon such property. The City Clerk shall file such lien in the County's official record book showing the nature of such lien, the amount thereof and an accurate legal description of the property. No certificate of use and occupancy shall be approved for such a property until the full amount associated with the lien, or the full amount in the event no lien has yet been filed, has been paid to the City by the property owner. 55 Ordinance No. Page 56 Section 14. Repeal of Conflicting Provisions. Pursuant to City Charter Section 8.03, the provisions of Sections 33-82 to 33-121.27 et seq. Of the Metropolitan Dade County Code are hereby repealed as they apply to the City. Section 15. 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 16. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. 56 Ordinance No. Page 57 The foregoing Ordinance was offered by Councilmember , who moved its adoption on first reading. This 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 Councilmember Patricia Rogers-Libert Vice Mayor Jeffrey M. Perlow Mayor Arthur I. Snyder The foregoing Ordinance was offered by Councilmember , who moved its adoption on second reading. This 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 Councilmember Patricia Rogers-Libert Vice Mayor Jeffrey M Perlow Mayor Arthur I. Snyder PASSED AND ADOPTED on first reading this __ day of PASSED AND ADOPTED on second reading this __ day of .,1997. ,1997. ARTHUR I. SNYDER, MAYOR 57 Ordinance No..__ Page 58 ATTEST: TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY EMS/tms 58 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Council Eric M. $oroka, City~l~ April 11, 1997 Ordinance Amending 1996/97 Budget to Recognize Additional Revenues and Appropriations Ist Reading April 15, 1997 City Council Meeting Agenda Item "]'- ~ 2nd Reading May 6, 1997 City Council Meeting Agenda Item ~-/'+ RECOMMENDATION It is recommended that the City Council adopt the attached Ordinance amending the 1996/97 Budget to recognize $995,000 in additional revenue soumes and allocate same to specific budget line items to fund increases in service for the Police and Community Development Departments. BACKGROUND Since the time the 1996/97 Budget was adopted, better information is now available regarding projecting amounts for several revenue soumes. The following is a summary of increases in revenue sources not originally anticipated in the budget: City occupational licenses were originally budgeted at $250,000. Due to a better than anticipated collections compared to the Dade County process, it is estimated that actual revenues will be $385,000. This is an increase of $135,000. 2. At the time the building permit revenues estimates were prepared, very little information was available to the City regarding construction activity. Therefore, only $100,000 was budgeted. However, based on collections made and permits issued since November 1, 1996, it is projected that building permit revenues will be $880,000 by the end of the fiscal year. The increase in building permit activity also has a corresponding affect on inspection services expenditures based on service provided by the City's private contractor. Therefore, an expenditure amendment increase is also included in the amendment and discussed later on in this memorandum. The total general fund revenue increase is $915,000. 3. Police impact fees included in the Police Capital Outlay Impact Fee Fund was originally budgeted at $50,000. It is now anticipated that actual revenues by the end of the fiscal year will reach $130,000. This is an increase of $80,000. It is recommended that the additional revenue be allocated to the following expenditure line items: General Fund 1. Community Development Department Professional Services: Increase line item by $60,000 to fund planning consultant costs associated with the preparation of the Comprehensive Plan for the remainder of the fiscal year. Community Development Department Buildinq Inspection Services: Increase funding by $540,000 based on collections during the first five months of the fiscal year and a projected $60,000 per month for the remainder of the year. Police Department Personal Services: Add five (5) new police officer positions at a cost of $97,086 for the remainder of the fiscal year. The additional positions serve two purposes. One, it will allow the Department to expedite and expand community policing efforts (i.e., bike patrols and business crime watch programs). Two, due to the length of time it normally takes to recruit new officers, this will allow the Department to get a head start on hiring efforts for the upcoming fiscal year. Capital Reserve - Capital Outlay: Place remaining amount of $217,914 in the Capital Reserve account. This will establish a reserve account of $2,494,349 including the previous amount budgeted. Police Capital Outlay Impact Fee Fund: 1. Police Department Capital Outlay: Increase funding by $80,000 to recognize additional revenue and fund capital equipment requirements for the Department. At this point, it is anticipated that only two more budget amendments will be required until the end of the fiscal year. A budget amendment to fund Citywide Information Management System software and hardware requirements will be addressed in May 1997. A final budget cleanup amendment is normally submitted in September 1997 or at the end of the fiscal year. If you have any questions, please feel free to contact me. EMS/aca Attachment CCO275-97 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 96-18, WHICH ORDINANCE ADOPTED A BUDGET FOR THE 1996197 FISCAL YEAR BY REVISING THE 1996/97 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, upon the periodic review and analysis of current budgetary commitments and obligations, and based upon the projected needs and requirements of the City and upon the recommendations of the City Manager (and the concurrence of the Finance Support Services Director as to Accounting Principles), it is deemed necessary to adjust, amend and implement the 1996/97 Operating and Capital Budget as set forth in Exhibit "A" attached hereto and made a part hereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. The recitals contained in the preamble to this Ordinance are incorporated by reference herein. Section 2. The City Council hereby authorizes the amendment of Ordinance No. 96-18, which Ordinance adopted a budget for the 1996/97 fiscal year, by revising the 1996/97 budget as set forth on the attached Exhibit "A", which exhibit is deemed incorporated by reference as though set forth in full herein. Ordinance No. Page 2 Section 3. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Ordinance. Section 4. Effective Date., This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Councilmember Beskin, who moved its adoption on first reading. This motion was seconded by Councilmember Rogers-Libert, and upon being put to a vote, the vote was as follows: Councilmember Jay R. Beskin yes Councilmember Ken Cohen yes Councilmember Harry Holzberg yes Councilmember Jeffrey M. Perlow yes Councilmember Patricia Rogers-Libert yes Vice Mayor Arthur Berger yes Mayor Arthur I. Snyder yes The foregoing Ordinance Was offered by moved its adoption on second reading. This motion was seconded by 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 Patricia Rogers-Libert Vice Mayor Jeffrey M. Perlow Mayor Arthur I. Snyder PASSED AND ADOPTED on first reading this 15th day of April, 1997. 2 Ordinance No. Page 3 PASSED AND ADOPTED on second reading this 6th day of May, 1997. ATTEST: ARTHURI. SNYDER, MAYOR TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY EMS/tms 3 EXHIBIT "A" EXPENDITURES Budget Amendment GenemiFund COMMUNITY DEVELOPMENT DEPARTMENT 1996197 BUDGETARY ACCOUNT SUMMARY 0t-40-524 EXPENDITURES OBJECT ~ ~ CODE CONTRACTUAL SERVICES 3-30-3190 Prof. Services 15,000 60,000 75,000 3-3G.3300 Building Inspections Servica~ 100,000 540,(~0 640,000 co?_ ' CATE~O,RY : PERSONAL SERVICES 1-10-1200 Employee Salaries 1-10-2100 FICA 1-10-2200 Pension 1-10-2300 Health, Life & Disability PUBLIC SAFETY 1996197 BUDGETARY ACCOUNT SUMMARY 01-20-521 EXPENDITURES 1~N~/~7 um' 1996/97 REVISED BUDGET 1-10-2400 1,041,020 67,708 1,108,728 79,638 5,180 84,818 124,922 8,125 133,047 152,072 9,749 161,821 Worker's Compensation 85,639 6,324 91,963 Position - Revisions Number Description Action Police Department 2057 - 2061 Police Officers add 6-60-6999 Capital Outlay Non-Departmental-590 CapitalReeerve Total Amendments-Expenditures 2,276,435 217,914 2,494,349 Page 1 EXHIBIT "A" REVENUES License~ & Permits 2-9 321100 City Occupational Licenses 322'100 Building Permits 329100 Engineering Permits SUBTOTAL Total Amendments-Revenues 250,000 135,000 385,000 t00,000 780,1~0 880,000 5,000 0 5,000 pOLIcE CAPITAL OUTLAY IMPACT FEE FUND 14 t996/97 REVENUE PROJECTIONS Rd='~,/ENUE 1996/97 1996/97 oBJEcT ~ ~ ADOPTED. AMENDED ~ CODE CATEGORY ~ BUDGET 1996/97 REVISED BUDGET 6-9-363200 Police Impact Fees 50,000 80,000 130,000 6-9361100 Interest Earnings 0 0 0 EXPENDITURES 1996/97 1~7 1996/97 OBJECT ADOPTED AMENDED REVISED CODE CATEG~ BUDGET AMO~ ~ BUDGET 6-66-62O5 Public Satstv ~ 521 Equipment 50,000 80,000 130,000 TOTAL EXPENDITURES Page 2 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Council C~_e Eric M. Soroka, r April 11, 1997 Ordinance Declaring it Unlawful to Commit Misdemeanors Within the City Ist Reading April 15, 1997 City Council Meeting Agenda Item 7-D 2nd Reading May 6, 1997 City Council Meeting Agenda Item RECOMMENDATION The State Attorney's office has requested that the City adopt an Ordinance declaring it unlawful to commit misdemeanors within the City. This will allow our Police Department to file misdemeanor cases with the State Attorney's office. It is recommended that the City Council adopt the attached Ordinance which is procedural in nature to facilitate the request of the State Attorney's office. If you have any questions, please feel free to contact me. EMS/aca Attachment cco279-97 ORDINANCE NO. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA DECLARING IT UNLAWFUL TO COMMIT ANY ACT THAT IS RECOGNIZED BY THE LAWS OF THE STATE OF FLORIDA AS A MISDEMEANOR WITHIN THE CORPORATE LIMITS OF THE CITY; PROVIDING FOR SEVERABILI'FY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. It shall be unlawful for any person to commit, within the corporate limits of the City, any act which is or shall be recognized by the laws of the State of Florida as a misdemeanor, and the commission of such acts is hereby forbidden. Section 2. 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 3. Inclusion in the Code. It is the intention of the City Council, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of Aventura, Florida; 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 upon adoption on second reading. Ord. No. 97- Page 2 The foregoing Ordinance was offered by Councilmember Beskin, who moved its adoption on first reading. This motion was seconded by Councilmember Rogers-Libert, and upon being put to a vote, the vote was as follows: Councilmember Jay R. Beskin yes Councilmember Ken Cohen yes Councilmember Harry Holzberg yes Councilmember Jeffrey M. Perlow yes Councilmember Patricia Rogers-Libert yes Vice Mayor Arthur Berger yes Mayor Arthur I. Snyder yes The foregoing Ordinance was offered by Councilmember , who moved its adoption on second reading. This 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 Councilmember Patricia Rogers-Libert Vice Mayor Jeffrey M. Perlow Mayor Arthur I. Snyder PASSED AND ADOPTED on first reading this 15th day of April, 1997. PASSED AND ADOPTED on second reading this 6th day of May, 1997. ATTEST: ARTHURI. SNYDER, MAYOR TERESA M. SMITH, CMC, CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY EMS/tins 2 MIAMI DALLY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dado County, Florida. STATE OF FLORIDA COUNTY OF DADE: Betem the undersigned authority personally appeared $ockle Williams, who on oath says that she Is the Vice President of Legal Advertising of the Miami Dally Business Review f/Ida Miami Review, a dally (except Saturday, Sunday and Le0st Holidays) newspaper, published st Miami In Dede County, Flodda; that the attached copy of advertisement' bain0 a Legal Advertisement of Notice In the matter of CITY OF AVENTURA NOTICE OF PUBLIC HEARING MAY 6, 1997 in the ........... ~.X~ ..................... Court, was published in said n paper in the issues of Apr 14, 19~ Affiant further says that the said Miami Daily Business Review Is a newspaper published at Miami in said Dada County, Florida, and that the said newspaper has heretofore been contlnuousty published in said Dada County, Flodda, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mall matter at the post office In Miami In said Dede County, Florida, for a period of one year next preceding the first publlcedon of the attached copy o vertlsement; and affiant further says that she has nstt d nor promised any person, firm or corporation an nt, rebate, commission or retund for the purpose of ng this advertisement for pubgcstlon in the said 14 S~prl~m to an subscribed before me tl~7 ...... day of ........................ , A.D. 19 ...... k~¥ P~, OFFIC"~AL N I ',~.a~.~o m~=~=.~o..~,se. I OF I:~.© APR. 12,2000 _...CITY OF AVENTLIRA NOTICE OF PUBLIC HEARING Date and Time of Public Hearing: Tuesday, May 6, 1997 6:00 pm Applicant Name: Aventura Commons. Ltd. Applicant Request: The applicant is requesting a special exception ~o permit a second restaurant with a cocktail lounge on property to be Iocsted within 500 feet of an existing house of womhip. Application Number: 0~-SE-97 Location Of Subjed Property: east side of Biscayne Boulevard de- twsen NE 210 Street end NE 213 Street Leqel Description: Lengthy Legal - You may contact the Community Development Depmtmant for the complete legal description. Size of Subject Property: Approalmetely 25 acres Plans am on file an~ may be examined during regular business hours in the City of Aventunt Community Development Depmt- rnem, 2999 NE 191 Street, ~uitu 500, Aventura, Florida, 33180. Plans may be modified at or before the Public Hesrlog. The Public Hearing will De held at Columbia Aventura Medical Arts Building, 21110 Bl~cayca Boulevard, Sultu 101, Aventma, Florida, 33180. Your comments may be made in person at the bearing or filed in writing prior to the heedng date. It is recommended that same be mailed at least three (3) days (excluding Saturdays, Sundays an~ Holidays} before the hearing date. Refer to apptidaet/pmperty on cor- respondence and mail same to City of Aventura, Community Bevel- opment Department, 2999 NE 191 Street, Suite 500, Aventura, Florida, 33180. For further information, please call (305) 466-8940. Please advise others interested. In accordance with the A~ericase with Disabilities Act of 1990, all persons who am disabled and who need special accommodations ;o participate in this proceeding because of that disability should comec; the Office of the City Clerk. 466-8901 not later than two business days =riot to such proceedings. If a Der=on decides to appeal any decision made by the City Council with respect to any matter considered at a meeting or hearing, that carson will need a record of the proceedings and, for such purpose. may neeo to ensure that a verbatim record of the proceedings is mace, which record inctudes the testimony and evidence .upon which the appeal is to be based. P,EASE NOTE THAT THE APPLICATION MAY CHANGE DURING THE HEARING PROCESS 4/14 97-3-041401M PUBLISHED DAILY MIAMI-DADE-FLORIDA STATE OF FLORIDA COUNTY OF DADE TheMiami He. Id Publishin,gCornpany Before the undersigned authority personally appeared: ROSEMARY PINO who on oath says that he/she is" CUSTODIAN OF RECORDS of The Miami Herald, a daily newspaper published at Miami in Dade County, Florida; that the attached copy of advertisement was published in said newspaper in the issues of: Affiant further says that the said The 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; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspapers(s). Sworn to and subscribed b~ore me th~s DAY OF , 1997 VlgGLNIA My Commission ~ .... Expkes: October 17, 1997 tN~'~ ~g~ia J. Gall~~ One Herald Plaza, Miami, Florida 33132-1693 (305) 350-2111 NOTICE OF PUBLIC HEARING ~ ~ ' ii ,-'Sprint Sp .e~tr. ~U~' L;Ra ~awa~ ~ ~, f, ~ms~UaUon' f '- pp nt ~S r~ues~ng anUnUsu P ~, ~'~ ~)~.~ ...... ~ - , , g , w ich s64.1 .... ~i' :, ~ r,~..~,, ~ fouran~tenn~(thelar estof h' . a[~a~r~lforthe~ L ' 1 UU-96 · ,~aion ~ Sub, ct pm ..... - ~ Descdp,~. Len~L~?-~91 St?e{ (~o~rd Buildin uevel0pm~nt ~e~a~t~;2~;~a' yy~ ~[~ay coma~ the ~ntur ' g) · .... ~ ,~n~.,u~:u~e~m le~3 · a ~mmunlt Size of Sub ~tP '. ., P. e~l. descnpt~on, Y jj J mp~: Approx~mamly 5.4 +/_acres ~lans' are on file and 'may ~ ..... /'" ' ~ ~ ~ ~ uxammeo during regular bu~ ~ventum, ~O~ni~-~velo ment D~,- .... ...... ~ ~m inthe ~ · ~ ~P ~,--,,~.L, ~9 NE 1 . ~ of : ~180. Plans may be m~i *~ -, -- ~:~' - .~1 ~t~t, State 5~, . flo~ ~ u~ ~;ore the ~c Hearing. - held at Columbia BUilding, IRING THE HEARING PUBLISHED DAILY MIAMI-DADE-FLORIDA STATE OF FLORIDA COUNTY OF DADE I¥ pc TheMiami Her-aid PublishingCompany Before the undersigned authority personally appeared: ROSEMARY PINO who on oath says that he/she is" CUSTODIAN OF RECORDS of The Miami Herald, a daily newspaper published at Miami in Dade County, Florida; that the aUached copy of advertisement was published in said newspaper in the issues of: Affiant f~rther says that the said The 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 mat~er at the post office in Miami, in said Dade County, Florida, for a period of one year next preceding the first publication of the ar, ached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspapers(s). DAY OF ,1997 My Commission ~ Expires: October 17, 1997 ]c.,.,~/.~<~ r.~._.~.__~.~j~_~_ ~):~/..~i~i One Herald Plaza, Miami, Florida 33132-1693 (305) 350-2111 NOTICE OF PUBLIC HEARING Date and Time of Public Hearing: Tuesday, May 6, 1997, 6:00 pm Applicant Name: Aventura Commons, Ltd. Applicant Request: The applicant is requesting a special exception to permit a second restaurant with a cocktail lounge on property to be located within 500 feet of an existing house of worship. Application Number: 01-SE-97 Location Of Subject Property: East side of Biscayne Boulevard between NE 210 Street and. N..E 213 Street. Legal Description; Lengthy Legal - You may contact the Community Development Depa~-[~-~ent for the complete legal description. Plans are on file and may be examined during regular business hours in the City of Aventura, Community DevelopmentDepartment, 2999 NE 191 Street, Suite 500, Aventura, Florida, 33180. Plans may be modified at or before the Public Hearing. The Public Hearing will be held at Columbia Aventura Medical Arts Building, 21110 Biscayne Boulevard, Suite 101, Aventura, Florida, 33180. Your comments may be made in person at the hearing or filed in writing prior to the hearing date. It is recommended that same be mailed at least three (3) days (excluding Saturdays, Sundays and Holidays) before the hearing date. Refer to applicant/property on correspondence and mail same to City of Aventura, Community Development Department, 2999 NE 191 Street, Suite 500, Aventura, Florida, 33180. For further information, please call (305) 466- 8940. Please advise others interested. 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 Off'me of the City Clerk, 466-8901, not later than two business days prior to such proceedings. if a person decides to appeal any decision made by the City Council with respect to any matter considered at a meeting or hearing, that person will need a record of the proceedings and, for s;Jc,h Fur"pose,-- 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. PLEASE NOTE THAT THE APPLIC~t. TION MAY CHANGE DURING THE HEARING PROCESS 4/10/97 MIAMI DALLY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dada County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Oclelma V, Ferbeyre, who on oath says that she Is the Supervisor, Legal Notices of the Miami Daily Business Revisw f/k/a Miami Review, s daily (except Saturday, Bunbay and Legal Holidays) newspaper, publisded et Miami in Dada County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice In the matter of CITY OF AVENTURA AN ORDINANCE AMENDING ORDINANCE NO. 96-18, ETC. MAY 6, 1997 In the ....................... ~;;~,~.~; ...................................... Court, was published In said newspaper In the Issues of Apr 17, 1997 Affiant further says that the said Miami Daily Business Revisw is a newspaper published at Mismi In said Dada County, Florida, and that the said newspaper has heretofore been continuously published In said Dada County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mall maffer at the post office In Miami in said Dada County, Florida, for a period of one year next preceding the first publisatlon of the attached copy of .edvertlsameat; and affiant further says that she has neither paid or promised any on firm or corporation any disc t, rebate, comm for the purpose (SEAL) / J'~ ~¥ p. (~FlCtAL NOTARY SEAL ~.r(~ x .v~/~ JANETT LLERENA Octelma v. Ferbeynl[ll~ ~llJ~l~Y~vn t%~,.~sao,,~ CITY' OF AVENTURA PUBLIC NOTICE OF PROPOSED ORDINANCES NOTICE IS HERESY GIVEN that on Tuesday. the 6th day of May, 1997. at a meeting of the City Council of the City of Aventura, to be held at 6:00 p.m. in the Council Meeting Room at the Colombia Aven- tura Hoso[tal asa Medical Center, 21110 Biscayne Boufovarct, Suite 10~ Aventura. Florida, the City Council will consider the adoption si the following Ordinances on second reading, entitled: . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AVENTURA. FLORIDA, AMENDING ORDINANCE NO. 18. WHICH ORDINANCE ADOPTED A BUDGET FOR THE 1996/97 FISCAL YEAR BY REVISING THE 1996/97 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTUNED IN EXHIBIT 'A' A~I'ACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY .TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVID- ING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA DECLARING IT UNLAWFULL TO COMMIT ANY ACT THAT IS RECOGNIZED BY THE LAWS OF THE STATE OF FLORIDA AS A MISDEMEANOR WITHIN THE CORPORATE LIMITS OF THE CITY; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. The proposed Ordinances may be inspected by the public at the Of- rice of the City Clerk, 2999 N.E. 191st StreeL Suite 500, Aventura, Florida. Interested parties may appear at the Public Hearing and be heard with respect to the proposed Ordinance. Any person wishing to address the City Council on any item at this Public Headag is asked to register with the City Clerk pdor to that item being heard. In accordance with the Americana with Disabilities ACt of 1990, all ~ersons who are disabis<J and who need special accommodations to padicipate in this proceeding because of that disability should contact the Office of the City Clerk, 466-8901, not later than two business days odor to such oroceedings. If a person decides to appeal any decision made by the City Council with respect to any matter considered at a meeting or headng, that eersons will need a record of the proceedings and. for such purpose. may need to ensure that e verbatim record of the proceedings is made. which recorc includes the testimony eno evid~mce upon which the appeal is to ~e oased. Dated this 17th day of April, 1997. Teresa M. Smith, CMC, City Clerk MIAMI DALLY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Dally Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dede County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF AVENTURA NOTICE OF PUBLIC HEARING MAY 6, 1997 APPLICANT NAME: SPRINT SPECTRUM, L.P. A DELAWARE LIMITED PARTNERSHIP APPLICATION NO. 01-UU-96 itl the ....................... ~.~,[.)~ ~.~. ...................................... Court, was published in said newspaper in the issues of Apr 7, 1997 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dada County, Florida, and that the said newspaper has heretofore been continuously published In said Dada County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office In Miami In said Dada County, Florida, for a period of one year next preceding the first publication of the attached copy of.advertl ment; and affiant further says that she has neither pal or promised any or corporation any dis nt, rebate, comml r the purpose ot sec lng is advertise on in the said o and subssrlbad before me this 7 ril ~ 97 ........ d yof .......................................... 19 ...... I ...' OF. t:%? . JUNE 23,2000 I CITYOFAVENTUR~ ~ NOTIOE OF PUBLIO HEARING Dnte and Time of Pubifo Hesring: T,eeday, May S, 1~7 6:00 p.m. Applicant Nama: Sp~int Spectrum, LP. a Delaware limited partner- ship Applicant Request: The applicant is requesting an Unusual Use ap- proval for the roof top installation of four antennas (the largest of which is 64.1 inches tall ~ 6.1 inches wide). ~' Application Number: 01-UU-96 Location Of Subject Property: 2875 NE 191 Street (Concord Build- ing) Legal Description: Lengthy Legal - you may conte~ the Aventura Community Development Department for the complete legal descrip- tion. Size of Subject Property: Approximately 5.4+/-acres Plans ara on file and may be examined during regular business hours .in the City of Aventura, Community Development Department, 2999 NE 191 Street, Suite 500, Aventura, Florida, 33180. Plans may be modified at or before the Public Hearing. The Public Hearing will be held at Columbia Aventura Medical Arts Building, 21110 BIm:ayne Boulevard, Suite 101, Aventura, Florida, 33180, Your comments may be made in person at the hearing or filed in wr;ting prior to the hearing date. It is recommended that same be mailed at teast three (3) days (excluding Saturdays, Sundays and Holidays) before the hesring d~e. Refer to applicant/pmpe~ly on cor- respondence and mail same to City of Aventura, Community Devel- opment Department, 2999 NE 191 Street, Suite 500, Aventura, Florida, 33180. For furthe~ information, please call (305) 466-8940. Whe+~r tl~ three (3) year an~ort/z~t/on period of' thc Proposed Ordinaw.~ of thc City Council of fl~c C/ty of Avcnt~-a, Flor/da, 3.~t~iishin~ $1gn Cod~ ("Ordnance',) is Comlimtio~sl a~ EuIbz~abl~ ~_na~r Florida Law absent fmanr, hl compe~ntion ~o ~he ~i~ OWi~r,~. Thc Sports Aulhozfly, Inc. ("Sports Authority") ~ both channel letter and pole u defined ~u thc Proposed Ordintncc, Sccdon 11 of the Proposed Ordinance tcquirc~ thc ~emoval of Ii.se sig~s by May 1. 2000. Thc ~ of ~e sig~ is subsm~i~l. Under the tcrms of t/~ Ordinance, Sports AuthoriIy must remove its algns i~ three years, which will re,s'ult la a lub~lantlal fmancial burden to it. The Proposed Ordinance doe~ not provide that owners of amortized, non~onforml.g sirras will re~ivc compensation uPOn remove] of'the rd~is. Ia ~_eg~le C~tdOor A~ver~sin~ ~o., ln~. v. C~ty of ]'~l~onvill. , §$9 SO. 2d 10~6 (Fh. 1~5), t~ Supreme C~urt of Florl~. eddr~sed tl~ i~c of wittier th~ diet, ct court was correct in que~ ete. mp0m, y ~un~on issued by the tr~l court ~ t~ Cit~ of hckeonville. The t~nporery injun~tlon w~s s~u~ht by landowners a~d le_,~_~_s of~n~ beefing outdoor edvertising si~ne ~0 prevent t~e City fluid, renlovlng signs ~ enforcing olglnsn~ rns~rlcti~ outdoor advt.-rising. Id. The trial cou~ issued thc i~tmction which in pal't, prohibited th~ City levying fu~ a§ain~ lqacgeI¢ Outdoor Advenhing Co. ('~aeg¢l¢") ~ O~h~rs for maintaini~ billboar~ tn ViOlation of ib~.City o~dtnance whiL~ t~ ptrttea litigated g~ validity oftl~ Ct~'s ordl~,,.~ t~d its provtaion~. I~ At l.naue was a sign ordinance enactad by th~ City of~acksonvill~ ~laat prohibited off-sit~ billboanls a~t other commetv, tal ~ign tdvert~in~. Id. Tine ontinant~ provided for a five-year signa 8fter th, amoniz&tina period wouM reaxtlt in daily fin~a. Near ~ e~[ of tha five y~r period, l~a~f~l¢ and ot~rs (~Plalntiff~',) brought suit e. ha~l~nging the constitutionally, ofth~ ~ onlinan~ on bOth sUbatalitive and procedural ~ounds. Xd. Th~ Florida guprem~ Court slated that: [w]hilo thc i~m~ of the constit~tionality of a law that p~'ohibits billboards and ot~ oomm~ial ~iglls for aexthefie aad r.~ purpoa~ ii a $igtt~ca~g co~tstittttional isstte of a fir# hn~r~ion/n th/.v ~tott, that ia~l~ ha~ n~t yet lgen tried on tlaa mat'its in th~ Id. (emphasis added); ~ ~JI~, 47~ So. lid 304, 305 (Fla. 2nd DCA 1985). To a~+,,o tha ¢onatitulionality of a law t~hat prul~tbits biilboanls and othar oommetcfal sigma for aesthetio and safety purposes re. mains & significant coasli~utional isaac of firat impm~lon ia $~at~. Th~ a~ ca~e settled arid, therefore, th~ i~u~ of con~titut|onal~y of sign ~.~,i,,, unacldn~escd by tht Florida Supm~ Court. Aa in ~. t~e Ordinance in tlz l~-t,,,t_ ~ ~ si~niflca~ cor~itutiona~ j~ m ~ Au~ is ~ ~c ~ ~afion ~ ~ ~ ~ S~ 11 of~ ~. k~n 11~) alows i ~ y~ ~o~a~a pod~ for d~i~t~ ~. but ~ s~ ~ ~1 ~r st~, m~ ~ ~ o~ ~ by S~ Au~u, ~ not ~lud~ ~ ~ ~tio~, Under Florida law, three year~ is ~wt a sufficient amount of time lo allow a sign owner to r_~_~,~p his investment. The Fifth District Court of Appeal add~r, ascd tltis ~ in Lamar Advertls/n~ Ass0ci~...~ o/'l~tst Florida~ Ed, v. City of D~vto,t~ Reach. 450 $0. 2.d 1145. 1147 (lrh. 5th DCA 19/4). In !.~nar. th~ Court addressed whether tl~ City w,,- con~tionio,~.y requl~d to compcnsatc si/n owners for removal of their blllboa~ that violated a ,i~n ord/nancc after th~ amor~-,tion period of t~u years. Id. The Court held thai if ti~ period of amontzati~ of nonconforml,~ s/gn~ "is reasonably loni enough to allOW the ~,n owner to recoup inveaunents, [it] is a valid alternative u) compensation. · Id. at 1150. Tile ~ court held that the amortization period wa~ reasonabls because thc sl/n owncr~ were given 'ten ye,us to co~h~ ~heh' u~." Pfe",.icusly, the l~ll~ Dlslricl: held, ill I~ar-Orlan~ O~do~r Adv~isln~, ¥. City l)Zm_OJlfl.,~.~ 415 $0. 2d 1~1~ (Ih. $~h DCA 1982), thai compensation was ~lulzed Lu addition lo ~ ~cn year amortization period. I~ ~ ownen of ouUloor advcrl~l~i si~s failad to remove ~eir st~ns ~s r~qu~d by a ci~' ordin~ce and the cll7 ~ou~h~ dccla.,~or~ judBme~ ~o co~Ir~¢ thc ordinance and ~equtre removal of~h~ sttIns. Id. ai I~1~. The ordiz~x~ at issue was e~ac~d in 19~tl, r~,~_,, appelI~,' ail~s ~n-coufurmin~ a~d required tha~ g~y be removed wi~ltin ten yca~. The ~ cou~ held, in rele~u~ pan, rl~t si~ owne~ were cnliticd to ~c¢ive c~mpensation Ul~On ~he forced removal of their signs ~en after the ~ Collrt eXpl,ir~d that thc si_Phs were not erected illegally and that it is clear under the Statute, s. 479.24. ~hat appellants must be paid compensation upon the removal of Id. nt 1319 (citing LaPoin~e Outdoor Adv=rttsins~ v. Plorida D~nrlment of T,,n,~,,.?~,:;.-.~. $98 So. Ad 1370 (F/a. 198~); ~er v. St~t~ De~artm,.~ "f~-~,n 366 SO. 2d ~ ~i-~on of ~o~ S~, ~ ~ ~ ~ ~omMy long ~ m ~ow (f~ ~); ~t~ of D~avBle v. ~ ~mm~.te.*io~ ~,, ~ S.B.~ 798 ~bit~ of ~bav y, Ns~in~.l ~ve~s~e Co ~7 A. ~ 419 ~. 1973); ~lsin~ Com. v. Clw of ~ltlmom ~70 A. 2d 1127 ~, 19~; ~ ~v~ts~ Co. v. N~: ~7~ N,E. 2d 263 (1977);~ic~ Si~ Smdl~, I~. v. ~. N. B. ~ ~$ (197~; Ne~ si~. ~. v. H~¢II., 268 N.W. ~ 741 ~.D. P~_~o. v. CiW of ~bbm~, ~69 s.W. 2d 9~ ~. A~ 1978). ~ow~r. ~ ~. v. Ciw ~ 3an Dte~._ ~10 P.~ 407 (Ca.l~), ~'~ ~ ~e~ ~, 4~3 U.S, Ba~ed upon the fore§oing, Spoils Authority respectfully requests that. nta mi~tmum, thc City Council include pole signs and all chan~l letter signs in the exceptions set farth in Section Il(b) of thc Ordinance wi~ an amortization period of ten ycars, a~ opposed to thc thr~e year period ae~ forth la Section Il(a), The throe year ~tonlzation period is unrc~onablc, docs not compo~ with five M ~e~ year amortizatio~ per/ods upheld by l=lorida hw and will cause £maneial hardship to Sporta Authority. Altcrn,!,_'vely, Sports Authority requests that tim City Council 4 inc~,,~,, a com~u~n provt~io~ in the Ordinance to compcn~ue a~a owners for ~c full PROPOSED CHANGE TO AVENTURA SIGN ORDINANCE Section 7. Nonresidential District Signs. b) Wall Sign (Permitted only on buildings where the majority of the floor area is in retail use. In the case ora Multi-tenant Center, Wall Signs are permitted on walls that face an access drive or internal courtyard). Approvals Necessary City Manager Sign Area (maximum): 1 sq. ft. for each 1 lineal ft. of Tenant Frontage For Multi-Tenant Centers exceeding I00,000 square feet, the following standards shall apply: 1 sq. ft. for each lineal ft. of Tenant Frontage for each sign located within 300 ft. from the principal public street on which the center is located. 1.5 sq. ft. for each lineal ft. of Tenant Frontage for each sign located more than 300 ft. from the principal public street on which the center is located. Section 11. Non-conforming Signs. Exception to amortization schedule 1) The following Non-conforming Signs that existed at the time this Ordinance became effective may be continued and signs permitted for multi-tenant centers exceeding 100,000 square feet in size, at the time this Ordinance became effective maybe continued although it does not conform to all the provisions hereof, provided that no structural or text alteration are made thereto and that all such Non-conforming Signs shall be completely removed from the premises or made to conform by May 1, 2002. (a) Channel letter signs that otherwise meet all requirements of this Ordinance provided that the size is not twice the square footage allowed by this Ordinance;