05-20-1997 CC Meeting AgendaCity of Aventura
Arthur L Snyder, Mayor
Jeffrey M. Perlow, Vice Mayor
Councilmembers
Arthur Berger
Jay R. Beskin
Ken Cohen
Harry Holzberg
Patricia Rogers-Libert
Council Meeting
May 20, 1997- 7 PM
Columbia Aventura Medical Arts Building
21110 Biscayne Boulevard Suite 101
Aventura, Florida 33180
AGENDA
'l. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF MINUTES:
Workshop Meeting
Workshop Meeting
Council Meeting
April 30, 1997
May 5, 1997
May 6, 1997
4. AGENDA: Request for Deletions/Emergency Additions
5. SPECIAL PRESENTATIONS:
Presentation of Certificates to Hany Crook and Schelly Strauss as
members of the Planning Advisory Board
6. CONSENT AGENDA -
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA ESTABLISHING
PROCEDURES FOR CONDUCTING SPECIAL
May 20, 1997 Council Meeting
EVENTS WITHIN THE CITY; ESTABLISHING AN
APPLICATION PROCESS; ESTABLISHING
CRITERIA FOR APPROVING SPECIAL EVENTS
HELD WITHIN THE CITY AS CONTAINED IN
EXHIBIT "A" ATTACHED HERETO AND MADE A
PART HEREOF; AUTHORIZING THE CITY
MANAGER TO EXECUTE ALL SPECIAL EVENT
AGREEMENTS ON BEHALF OF THE CITY;
AUTHORIZING THE CITY MANAGER TO TAKE
NECESSARY AND EXPEDIENT ACTION TO
CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING FOR AN EFFECTIVE DATE.
(Adopts procedures relative to permitting of special events)
AN ORDINANCE OF THE CITY OF AVFNTURA,
FLORIDA; ADOPTING ORDINANCE CONCERNING
ZONING PURSUANT TO SECTION 8.0:} OF THE
CITY CHARTER, AMENDING METROPOLITAN
DADE COUNTY ZONING CODE AS APPLICABLE TO
CITY OF AVENTURA; PROVIDING FOR PUBLIC
HEARINGS AND NOTICE OF PUBLIC HEARINGS;
PROVIDING FOR REPEAL AND REPLACEMENT OF
SECTION 33-310 OF THE METROPOLITAN DADE
COUNTY ZONING CODE CONCERNING PUBLIC
HEARINGS; SUBSTITUTING CITY COUNCIL AND
DESIGNATED CITY OFFICIALS FOR COUNTY
AGENCIES AND OFFICIALS, PROVIDING FOR
AUTHORITY FOR REVIEW OF PUBLIC HEARING
APPLICATIONS, ZONING VARIANCES, SPECIAL
EXCEPTIONS AND OTHER QUASI-JUDICIAL
ACTION WITHIN THE SCOPE OF CHAPTER 33
"ZONING" OF THE COUNTY CODE AS MADE
APPLICABLE TO THE CITY; PROVIDING FOR
REPEAL OF ZONING AND PLANNING
TRANSITIONAL ORDINANCE, DESIGNATED AS
ORDINANCE NO 96-08 UPON ~ SAME SUBJECT
MATTER; PROVIDING FOR SEVERABILITY;
PROVIDING FOR SAVINGS CLAUSE AND
RATIFICATION OF PRIOR ADMINISTRATIVE
ACTION; PROVIDING FOR AN EFFECTIVE DATE.
(Provides for streamlining procedures for zoning public
hearings)
2
May 20, 1997 Council Meeting
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, PROVIDING FOR
AND ADOPTING A FEE SC-3~F~DULE FOR
DEVELOPMENT REVIEW, PLANNING AND ZONING
APPLICATIONS; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO
CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING FOR AN EFFECTIVE DATE.
(Provides a fee schedule for development review, planning and
zoning applications)
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
(Appropriates $600,000 of additional fund balance from the
prior fiscal year)
PUBLIC HEARINGS: ORDINANCES - SECOND READING - None
RESOLUTIONS: None
OTHER BUSINESS:
PROGRESS REPORT: STATUS OF PROPOSED
SIGN ORDINANCE
DISCUSSION AND POSSIBLE MOTION TO CHANGE
THE TIME FOR COUNCIL MEETINGS (Mayor Snyder)
10. REPORTS
11. PUBLIC COMMENTS
12. ADJOURNMENT
May 20, 1997 Council Meeting
SCHEDULE OF FUTURE MEETINGS/EVENTS:
TUESDAY, JUNE 3, 1997 6 P.M.
COUNCIL MEETING
This meeting is open to the public.
In accordance with the Americans with Disabilities Act of 1990, all perscms who ere disabled end who need special
accommodations to participate in 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 eny decision made by the Aventura City Council with respect to any matter considered at such
meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of
the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.
Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 2999 NE 191~t Street, Suite
500, Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 466-8901.
COUNCIL WORKSHOP MEETING
APRIL 30, 1997 2:00 P.M.
AVENTURA GOVERNMENT CENTER
2999 NE 191sT STREET SUITE 500
AVENTURA, FLORIDA
The meeting was called to order by Mayor Arthur Snyder at 2:00 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 Attorney David M. Wolpin and City Clerk Teresa M. Smith. The
following items were discussed:
1. Sign Ordinance. Mr. Soroka provided Council with a revised proposed Ordinance
incorporating revisions previously discussed with Council. The following individuals
spoke relative to this ordinance: Jack Smith, CEO, Sports Authority; Jeffrey
Berkowitz, 2665 South Bayshore Drive, Miami; George Berlin, Turnnberry &
Associates, 2875 NE 191't Street; and Jeffrey Bercow, Esq., 200 S. Biscayne
Boulevard. After extensive discussion, the City Manager was directed to make the
following revisions to the ordinance prior to first reading. It was the consensus of
Council to address this ordinance for first reading on May 6, 1997.
1. Revise Monument Sign definition to include building material of stone,
masonry or stucco,
2. Section 6 a) Residential Identification Sign - Increase height to eight feet,
establish letter size of 20". b) Directional Sign - Increase height to three feet.
Section 7 a) Non-Residential Monument Sign - Increase size from 32 square
feet to 48 square feet, increase height to eight feet, revise setback from five
feet to six feet and establish 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, establish letter height size of
60".
5. Section 7 g) Directional Signs - Add that Iogos are allowed but may cover no
more than 25% of the sign area.
6. Section 7 h) Regional Mall Signs - Establish separate specific guidelines for
a regional mall.
7. Section 7 i) Hospital - Establish separate specific guidelines for hospitals
including monument sign of sixty-five square feet.
8. Section 8 b) Real Estate Signs - limit colors to black and white.
9. Section 9 i) Flags - Establish 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.
Due to time constraints, it was the consensus of Council to defer the remainder of the
agenda to a future workshop. The meeting adjourned at 5:15 p.m.
Teresa M. Smith, CMC, City Clerk
Approved by Council on
2
COUNCIL WORKSHOP MEETING
MAY 5, 1997 9:00 A.M.
AVENTURA GOVERNMENT CENTER
2999 NE 191sT STREET SUITE 500
AVENTURA, FLORIDA
The meeting was called to order by Mayor Arthur Snyder at 9:00 a.m. Present were
Councilmembers Arthur Berger, Jay R. Beskin, Ken Cohen, Harry Holzberg, Patricia
Rogers-Libert, Vice Mayor Jeffrey M. Perlow, Mayor Snyder, City Manager Eric M.
Soroka, City Attorney David M. Wolpin and City Clerk Teresa M. Smith. The
following items were discussed:
Ethics Ordinance. (Taken out of order). It was the consensus of Council to defer
this matter to the next Council Workshop meeting pending receipt of similar
legislation by Metropolitan Dade County.
FDOT Presentation. Dan Iglesias, Senior Project Manager for the Florida
Department of Transportation, discussed in detail the proposed Flyover project with
Council. A portion of the meeting was held in the Government Center lobby to view
the model of the Flyover for further explanation. Mr. Iglesias advised Council of
proposed construction commencement and completion dates for the different
phases of the project. The following individuals spoke relative to this project: Janet
Aiken, 20200 NE 29th Court; Ruby Steiner, 20301 West Country Club Drive; Dr.
Henry Diamond, 3600 Mystic Point Drive; Paul Libert, 21155 Helmsman Drive;
Ginger Grossman, 20100 W. Country Club Drive; Leonard Brenner, 19355 NE 36th
Court; and Abe Mintz, 3701 N. Country Club Drive.
It was the consensus of Council to defer the remainder of the agenda to a future
Workshop Meeting. The meeting adjourned at 11:00 a.m.
Teresa M. Smith, CMC, City Clerk
Approved by Council on
MINUTES
CITY COUNCIL MEETING
CITY OF AVENTURA, FLORIDA
TUESDAY, MAY 6, 1997 6 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 6 p.m. by Mayor
Snyder. Present were Councilmembers Arthur Berger, Jay R. Beskin, Ken Cohen,
Harry Holzberg, Patricia Rogers-Libert, Vice Mayor Jeffrey M. Perlow, Mayor Snyder,
City Manager Eric M. Soroka, City Clerk Teresa M. Smith, and City Attorneys Stephen
Jay Helfman and David M. Wolpin. As a quorum was determined to be present, the
meeting commenced.
2. PLEDGE OF ALLEGIANCE: Jeffrey Bercow led the pledge of allegiance.
Mayor Snyder recognized Mr. Perlow as the new Vice Mayor and he was duly sworn
in.
3. ZONING HEARINGS - SPECIALLY SET BY COUNCIL FOR 6 P.M.
A. APPLICANT: OPH AVENTURA REALTY, L.C. Mr. Soroka noted that the
applicant had verbally notified the Community Development Director that it wished to
withdraw its petition. Mayor Snyder opened the public hearing and there being no
speakers, the public hearing was closed. A motion to table this application was
offered by Councilmember Rogers-Libert, seconded by Councilmember Holzberg and
unanimously passed.
B. APPLICANT: SPRINT SPECTRUM, L.P., A DELAWARE LIMITED
PARTNERSHIP
Mr. Helfman read the following resolution by title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA GRANTING UNLISUAL USE
APPROVAL FOR PROPERTY LOCATED AT 2875 NE
191sT 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.
Community Development Director Jaye Epstein explained the request of the
applicant. Mayor Snyder opened the public hearing. Ron Mastriano, Esq.,
representing the applicant, addressed Council after being sworn in by the City Clerk.
There being no further speakers, the public hearing was closed. A motion to approve
the request and adopt the resolution was offered by Councilmember Rogers-Libert,
seconded by Councilmember Berger and unanimously passed by roll call vote. Thus
Resolution No. 97-31 was adopted.
C. APPLICANT: AVENTURA COMMONS, LTD. Jeffrey Bercow, Esq.,
200 S. Biscayne Boulevard, appeared before Council and requested that this item be
deferred until June 3, 1997. Mayor Snyder opened the public hearing. There being
no speakers, the public hearing was closed. A motion for deferral of this item until
June 3, 1997 was offered by Councilmember Beskin, seconded by Councilmember
Rogers-Libert and unanimously passed.
APPROVAL OF MINUTES: A motion to approve the minutes of the April 10, 1997
Workshop Meeting and the April 15, 1997 Council Meeting was offered by
Councilmember Rogers-Libert and seconded by Councilmember Berger. The motion
passed unanimously and the minutes were approved as submitted.
9. PUBLIC HEARINGS: ORDINANCES- SECOND READING
Mr. Wolpin read the following ordinance by title:
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.
Mayor Snyder opened the public hearing. There being no speakers, the public hearing
was closed. A motion to enact this ordinance was offered by Councilmember Beskin,
seconded by Councilmember Rogers-Libert and unanimously passed by roll call vote.
Thus, Ordinance No. 97-13 was enacted.
Mr. Wolpin read the following ordinance by title:
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.
Mayor Snyder opened the public hearing. There being no speakers, the public hearing
was closed. A motion to approve the ordinance was offered by Councilmember
Holzberg, seconded by Councilmember Rogers-Libert, unanimously passed by roll call
vote and Ordinance No. 97-14 was enacted.
At this time, the meeting recessed until 7 p.m.
8. PUBLIC HEARINGS: ORDINANCES- FIRST READING
Mr. Wolpin read the following ordinance by title:
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 33-82 TO 33-121.27;
PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS; PROVIDING FOR SEVERABILITY AND
AN EFFECTIVE DATE.
Mayor Snyder opened the public hearing. The following individuals addressed
Council: Keith Marshall, Aventura Chamber of Commerce; Lionel Socolov, 3530
Mystic Point Drive; Phil Ward, Planner; Joel Gustafson, Esq., Holland and Knight; Mr.
Bercow; David Romanick, 1901 Harrison Street, Hollywood; Robert Jordan,
Commodore Plaza; Julie Israel, Villa Dorada Condominium; George Feffer, Admirals
Port; Donald Brody, Williams Island; Irv Schwartz, Turnberry Townhomes; and
Leonard Geller, Commodore Plaza. There being no further speakers, the public
hearing was closed. A motion was offered by Councilmember Beskin and seconded
by Councilmember Rogers-Libert to approve this ordinance on first reading, place it
on the May 20, 1997 agenda for progress report following revisions made by Staff as
suggested by Council and the public at this meeting, and schedule second reading for
June 3, 1997 at 7 p.m. The motion passed unanimously by roll call vote.
AGENDA: REQUEST FOR DELETIONS/EMERGENCY ADDITIONS: Vice Mayor
Perlow requested removal of agenda item 7.A. from the Consent Agenda.
SPECIAL PRESENTATIONS: None
CONSENT AGENDA: A motion for approval was offered by Councilmember Rogers-
Libert, seconded by Councilmember Holzberg and unanimously passed. Thus, the
following Resolution No. 97-32 was adopted:
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.
A. Mr. Wolpin read the following resolution by title:
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
4
GOVERNMENT CENTER AND CULTURAL FACILITY;
AUITHORIZING THE EMPLOYMENT OF
APPRAISERS; AND AUTHORIZING THE FILING OF
EMINENT DOMAIN PROCEEDINGS; PROVIDING FOR
AN EFFECTIVE DATE.
A motion for approval, with an amendment to the first Whereas clause to include "or
facilities" in the defined term of Government Center was offered by Councilmember
Beskin, seconded by Councilmember Berger and passed 6-1, with Vice Mayor Perlow
voting no. Thus, Resolution No. 97-33 was adopted.
10. RESOLUTIONS: None
11.OTHER BUSINESS: None
12. REPORTS: As submitted.
13. PUBLIC COMMENTS: The following members of the public addressed Council:
Shirley Silver, Country Club Drive (benches on walking path, height of pooper
scoopers); Harry Crook, Commodore Plaza; Mr. Socolov (speeding on Country Club
Drive, reflectors on fire hydrants, dumpsters/temporary warehouses behind Linens &
Things); Mr. Schwartz; Ruby Steiner, 20301 W. Country Club Drive; Ginger
Grossman, 20100 W. Country Club Drive; Bill Heiberger, Coronado; June
Stevens,20412 NE Del Vista Court.
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 10 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
COMMUNITY SERVICES DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
City Council Ci~
Eric M. Soroka,
Robert M. Sherman, Dir~
May 12, 1997
,f Community Service~ ~)
Recommendation to Adopt Special Events Manual
AEached hereto for your approval is the proposed Special Events Application and
Manual. This comprehensive package was assembled to provide a uniform application
and review process for those organizations wishing to hold special events within the
City limits using City facilities, properties, streets, and/or services.
RECOMMENDATION
It is recommended that the City Council adopt the Special Events Application and
Manual by Resolution.
BACKGROUND
The City Council has established seeing forth procedures for conducting a special
event within the City as one of the goals and priorities to be completed in this fiscal
year. Adopting this resolution will put this priority into action.
The manual addresses traffic, security, safety, maintenance, sanitation, liability, and
insurance requirements, as well as providing for an orderly application process
whereas all applications undergo a uniform review process. This document has been
reviewed by the Police Chief, Finance/Support Services Director, Community
Development Director, and City Attorney.
After staff review, the City Manager has the authority to approve, disapprove or modify
the application, and enter into an agreement with the applicant. This procedure
ensures each applicant a thorough review and appeal process.
RMS/gf
Attachments
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA ESTABLISHING PROCEDURES FOR
CONDUCTING SPECIAL EVENTS WITHIN THE CITY; ESTABLISHING
AN APPLICATION PROCESS; ESTABLISHING CRITERIA FOR
APPROVING SPECIAL EVENTS HELD WITHIN THE CITY AS
CONTAINED IN EXHIBIT "A" ATTACHED HERETO AND MADE A
PART HEREOF; AUTHORIZING THE CITY MANAGER TO EXECUTE
ALL SPECIAL EVENT AGREEMENTS ON BEHALF OF THE CITY;
AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND
EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Aventura, Florida, recognizes the
need for establishing procedures for conducting special events within the City; and
WHEREAS, in order to provide for the orderly process of Special Event
Applications, staff has developed the Special Events Application and Manual as
contained in Exhibit "A" attached hereto and made a part hereof; and
WHEREAS, the City Council, upon the recommendation of the City Manager, is
therefore desirous of adopting the Special Events Application and Manual as set forth
in Exhibit "A" attached hereto and made a part hereof.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA:
Section 1: The City Council hereby adopts the Special Events Application and
Manual as set forth in Exhibit "A" attached hereto and made a part hereof.
Section 2: That the City Manager is hereby authorized to execute, on behalf
of the City, the Special Event Agreement as contained in Exhibit "A" attached hereto
and made a part hereof embodying the terms, conditions, specifications as set forth in
Resolution No.
Page 2
the subject Agreement.
Section 3: That the City Manager is hereby authorized and requested to take
all necessary and expedient action to carry out the aims of this Resolution.
Section 4: This Resolution shall be effective immediately upon its adoption.
The foregoing resolution was offered by
The motion was seconded by
vote was as follows:
, who moved its adoption.
and upon being put to a vote, the
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
day of
,1997.
ATTEST:
ARTHUR I. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EXHIBIT "A" 1
CITY OF AVENTURA
Community Services Department
Special Events Application and Manual
Thank you for your interest in holding a special event within the City of Aventura.
The City of Aventura recognizes the value special events have to organizations.
Fund-raising and community relations are just two of the benefits gained when
conducting a special event. Visitors and residents alike are extremely responsive
to special events held in Aventura.
While the City of Aventura supports organizations conducting events within its
boundaries, we feel that these events should not unduly tax the community. The
costs of an event to the City must be paid by the sponsoring organization. City
staff will assist in every way possible to ensure that costs are kept to a minimum.
It is the purpose of this manual to assist organizations in completing the event
application process and to provide some suggestions on how to ensure your event
will be successful.
If you wish to contact the Community Services Department for assistance at any
time during the development of the event, please feel free to do so at: (305) 466-
8930.
It is our wish to help you to provide a safe, healthy and fun event to the public, and
that your event is a successful one.
EXHIBIT "A" 2
I. APPROVAL PROCESS
Below are the steps in which your application will be processed for submittal to
the City of Aventura Community Services Department.
All applications are available at the City of Avemura
Community Services Department Office. Applications may be
submitted to the Community Services Department, or mailed
to;
City of Aventura Government Center
Community Services Dept.
2999 NE 191 St.
Suite #500
Aventura, FL. 33180
ATT: Special Events
The deadline for applications is forty five (45) days prior to the event. The
application should be accompanied by a thirty dollar non-refundable
application fee payable to the City of Aventura by cashier's check.
B. Please answer all questions on the attached application.
All applications are forwarded to the Community Services
Director for approval. Should the application be denied by
the Community Services Director, you will be given the
opportunity to appeal the denial by appearing before the
City Manager.
All approved applications are then forwarded to the City
Manager to prepare an initial event contract between the
City and the applicant. Attached in this manual is a sample
of a standard event contract (your contract may vary due to
the requirements of the event). While there are many
important clauses in the contract, the two that cause the
most concern are:
1) the Event Agreement/Hold Harmless;
2) the liability insurance requirements
EXHIBIT "A" 3
The City retains the right to modify and/or to terminate any
event which endangers the health, safety and welfare of the
public.
The application will then be scheduled for approval by the
City Manager.
Upon approval by the City Manager, you will be notified by
staffto attend a planning meeting with representatives from
the: Police, Community Services and Community
Development Departments. The purpose of this meeting is
to help coordinate your event, offer advice on the best way
to conduct it and determine any necessary fees. All fees
are due at least 20 days prior to the event or as directed by
the Community Services Department.
At the event, the Community Services Department may
assign a member to review the event, primarily for any
safety and sanitary concerns.
All organizations must resubmit their application annually.
No application will be considered unless the prior year's
event bills are paid in full. All applicants must correct any
deficiencies addressed in their event review the prior year.
EVENT CONSIDERATIONS
Site attendance Capacity-Events must not exceed
department guidelines for crowd capacity at an event.
These standards include the number of people per area and
parking requests. Crowd capacity guidelines are based
upon the standards established by the Police Department.
Maintenance and Security- Ail organizations must submit
maintenance and security plans in their event applications.
The Community Services Department reserves the right to
require event organizers to provide additional resources in
these areas and a trash bond, if necessary. If the event site
is let~ in good condition, the bond will be refunded.
EXHIBIT "A' 4
Road Closings- All requests for road closings must be
approved by the City Manager. Applicants must submit a
detailed map and the exact times required for the closing
with the application. Prior to submitting the application to
the City Manager for approval, the Community Services
Department will obtain Police Department review and
approval of the proposed road closing.
Carnival Rides- Carnival Rides and other amusements are
not permitted unless sponsored by the City as a City event.
Noise Ordinance- Organizations which plan to host special
events where noise levels are expected to exceed the levels
established in the City's Noise Ordinance must also submit
an Application For Special Event Permit. This application
shall be submitted a minimum of ten days prior to an event.
The prohibitions or hour restrictions contained herein may
be modified subject to such conditions as the City Manager
may impose. The decision of the City Manager shall be final
and not subject to appeal, except as provided by law.
Event Review- City staff will provide on-site review and
evaluation of the major events conducted in Aventura. The
review will focus on safety and health concerns. Should the
review committee determine improvement needs to be made
in any area, approval of the organization's event application
the following year will be withheld until the appropriate
concerns are corrected.
Country Club Drive Exercise Trail- All events held at this
facility will be subject to review based upon the impact of its
availability to the residents.
III. Fee Structure
Four applicant categories have been established as guidelines for establishing fees. Your
fees my be determined by he category in which your application is placed. The applicant
categories are described below. This structure has been established as a guideline for
services provided by the City:
A. Volunteer Organization with No Paid Staff.' The agency is Aventura based and profit
or benefit stays within the City: No fees are assessed outside of the actual costs for services
provided by the City. The City Manager may waive these costs.
B. Aventura Based Non-Profit or Charity Organization: Profit or benefit from the event
stays with the corporate limits of the City: No fees are assessed outside of the actual costs
for services provided by the City.
C. Not for Profit or Charity Organization: Profit or benefit from the event is not restricted to
the corporate limits of the City: A fifteen percent (15%) administrative service cost will be
assessed to the actual costs for services provided by the City.
D. Organization is for Profit: Profit or benefit from the event is not restricted to the corporate
limits oftbe City: Fees will be determined by the City Manager based upon the impact of the
event on City facilities, and to the extent City services are required.
EXHIBIT "A" 5
III. FEE STRUCTURE
Four applicant categories are established for all evems. Your fees
will be determined by the category in which your application is
placed. The applicant categories are described below:
Volunteer Organization with No Paid Staff- The agency
is Aventura based and profit or benefit stays within the City.
Aventura Based Non-Profit or Charity Organization-
Profit or benefit from the event stays within the corporate
limits of the City.
Not for Profit or Charity Organization- Profit or benefit
from the event is not restricted to the corporate limits of the
City.
Organization is for Profit- Profit or benefit from the evem
is not restricted to the corporate limits of the City.
EXHIBIT "A" 6
IV.
CITY OF AVENTURA
EVENT AGREEMENT
This is an Agreement, entered into on between:
TIlE CITY OF AVENTURA, a municipal corporation of
the State of Florida, referred to as "City",
and
referred to as "Applicant".
In consideration of the mutual promises and covenants contained in this
Agreement, and other good and valuable consideration, the receipt and adequacy
of which are acknowledged, the parties agree as follows:
1) PERMISSION TO USE:
Applicant shall be entitled to use certain City streets and property
("Property") to be determined by the City Community Services Department
in conjunction with Applicant for the _("Event").
Opening Date: Hours: to
Closing Date: Hours: to
The Property is described on Exhibit "A' attached sheets.
2) CROWD AND TRAFFIC CONTROL:
Applicant shall provide crowd and traffic control, and also make
arrangements with the appropriate City department to assist Applicant in
providing crowd control, security, and police protection. However,
Applicant shall remain solely responsible for same. In this regard, Applicant
shall, without any cost or expense to City, retain and employ such off-duty
policemen as may be necessary in order to accomplish crowd and traffic
control in an efficient and proper manner.
EXHIBIT "A" 7
3)
4)
5)
EMERGENCY MEDICAL SERVICES VEHICLE:
Applicant may be required by City to provide a minimum of one fully-
manned Metro Dade Fire Rescue stand-by service vehicle at all times
during the Event, and for a period beginning one hour before and ending
one hour after the hours as determined in Paragraph 1 above.
SANITARY FACILITIES:
Applicant shall provide sufficient temporary public sanitary facilities and
daily service of same at all times when the Event is in progress, and be
subject to all applicable county health regulations.
CONSTRUCTION OF FACILITIES, STRUCTURES~ TENTS AND
CONCESSION STANDS:
^)
Applicant shall be and is hereby granted permission to erect tents,
concession stand, or both, at such locations as approved by the
City. It is further agreed and specifically understood that
permission to erect such tents, concession stands, or both, as
aforementioned, is conditioned upon Applicant complying with the
following:
Filing an application containing a detailed proposal
specifying the locations, hours, dates and types of
concessions, with copies of the appropriate
contracts with the individuals, corporations or
partnerships as required by the City.
Obtaining and filing with its application a certificate
that such tents or concession stands to be used
during the period of time encompassed by this
Agreement are of fireproof material and will not
constitute a fire hazard.
EXHIBIT "A" 8
6)
B)
All construction and installations, including electrical hook-ups,
shall be made at Applicant's expense and approved in advance by
the City Community Development Department. If electricity is
required, Applicant shall negotiate arrangements for such service
with the City.
¢)
All such structures, facilities, concession stands and tents shall be
removed not later than 24 hours following the conclusion of the
Event, or as agreed to by both parties. Except where such
structures, facilities, concession stands and tents are permitted by
this Agreement, the same shall not otherwise interfere with the
normal operations of the Property.
D)
Failure to remove structures, facilities, concession stands, etc., et.
al. or to restore the property to the same condition it was in prior
to the event, will be cause for payment by Applicant of $50.00 a
day in liquidated damages (and not a penalty) to the City of
Aventura until the organization is in compliance.
MAINTENANCE OF AND PAYMENT FOR DAMAGE TO
PROPERTY:
Applicant shall be responsible for and shall maintain all areas of the
Property utilized by it in a clean, attractive and orderly condition. In this
regard, the applicant's responsibility shall include, but not be limited to, the
removal of all trash or debris which accumulated on any portion of the
Property utilized by it. The Applicant shall further be responsible for
damage to all turf, plants, shrubs, trees and paved surfaces, and to any and
all structures located and situated upon any portion of the Property utilized
by the applicant, and for damage to all plants, shrubs, turf, underground
utilities, structures, irrigation, trees and paved surfaces, and to any and all
structures located and situated upon any portion of the Property not
utilized by the applicant, if any such damage is caused by any act or
omission of the Applicant or its agents, employees, licensees or servants, or
by any act or omission of any participant in the Event. It is further agreed
that City shall furnish a written report of such damage to the Applicant,
which report shall state the cost to be paid by the Applicant to City to
correct said damage no later than seven (7) days after the receipt by it of
City's report. Failure to correct the damage within seven (7) days may
cause the City to sue for its correction, assess liquidated damages hereby
authorized at the same rate as provided in (5) (D) above, and/or do the
corrective work itself and bill the Applicant.
EXHIBIT "A" 9
7)
SECURITY:
All Construction materials, equipment, goods, signs and any other personal
property of Applicant shall be protected solely by Applicant. Applicant
acknowledges and agrees that City assumes no responsibility whatsoever
for any such item and that the security and protection of any such item
from theft, vandalism, the elements, acts of God, or any other cause, are
strictly the responsibility of Applicant.
8)
9)
A)
SUBLEASE OR TRANSFERS:
The City's grant or permission for each event is deemed personal to the
Applicant. Applicant shall not assign, sublease or transfer any of its
obligations or rights under this Agreement, in whole or in part, to any
person without the prior written approval of the City Manager, which can
be unreasonably withheld. Any such action by Applicant will result in
immediate cancellation of this Agreement by City.
DETAII, S OF EVENT AND USE OF PROPERTY:
The name(s) of the company (companies) or entity (entities) to be
promoted or sponsored by Applicant, and promotion of product(s) is (are):
B)
The detailed description of the item(s) Applicant will be distributing
without charge at the Event is (are) limited to the following: (Note
such items are subject to approval by the City).
all
EXHIBIT "A" ~o
LICENSES AND PERMITS: COPYRIGHTS, PATENTS AND
TRADEMARKS:
Applicant agrees to secure and pay for all licenses and permits required by
any governmental agency having jurisdiction, including City of Aventura
occupational license and any other permits. Additionally, if Applicant
intends to use any item which is or may be protected from infringement,
such as, but not limited to, copyrights, patents and trademarks, Applicant
shall provide City fifteen (15) days in advance of the first date of Property
use, evidence showing that the applicable license, permit or permission has
been secured and if applicable, ail fees have been paid in full by Applicant.
The provisions of this paragraph specificaily apply to ASCAP, BMI, and
any other similar organization which may require written permission and
payment ora fee for use of protected material. If Applicant is exempt from
these copyrights, proof of exemption is required with application.
STANDARDS OF CONDUCT: COMPLIANCE WITH RULES~
REGULATIONS~ ORDINANCES:
Applicant shall at all times comply with all rules, regulations and
ordinances of City and any other governmentai agency having jurisdiction.
Applicant shall further take all precantions and use extreme care to
conduct its operations in a safe and prudent manner with respect to its
agents, employees and visitors to its Event.
12) INSURANCE:
B)
If required by the City, the Applicant agrees to obtain, pay for and
keep in force continuously for the period of time encompassed by
this Agreement, comprehensive general liability insurance with
policy limits of not less than $1,000,000.00 for any one person, and
$1,000,000.00 for any one incident, with coverage which shall
include property damage, bodily injury and death. A valid
Certificate of Insurance shall be provided to city by Applicant no
later than thirty (30) days before the date permission to first use the
Property begins. Any such policy shall name the City as an
additional named insured and shail not be affected by any insurance
that the City may carry in its own name. The policy shall remain in
full force and effect at ail times of setup and breakdown in
connection with the Event. All policies require a thirty (30) day
cancellation and/or material modification notice to ail pan'les named
in the policy.
EXH1BIT "A' i i
13)
14)
15)
B)
Applicant shall further provide evidence of Chapter 440, F.S.
Workers' Compensation insurance in force for the benefit of
Applicant's employees with a Certificate of Insurance no later than
thirty (30) days prior to use of the Property.
c)
All insurance is to be submitted at least thirty (30) days prior to the
event to the City's Finance/Support Services Director who is to
comment upon or approve any such policy. The Finance/Support
Services Director may require a modification or change of
insurance depending on the event in his professional discretion.
D)
An additional $500,000.00 liquor liability policy may be required
for City insurance, if alcoholic beverage sales are allowed.
INDEMNIFICATION AND HOLD HARMLESS:
If any person, firm or corporation should sustain any damage, death or
injury not covered by the insurance required above, or in excess of the
limits provided by such insurance, Applicant agrees and consents to
indemnify and hold City, its employees and official, harmless from any and
all legal, equitable, tort, contract or any other claims, suits, actions,
judgments, attorney's fees, court costs and any other expenses whatsoever,
arising out of or in connection with use of the Property. If called upon by
City, Applicant shall defend not only itself, but also City, its' employees
and officials, in connection with any such claim, at no cost or expense
whatsoever to City, without recourse. Selection of reputable insurance
defense counsel shall be by the Applicant, with the consent of the
Finance/Support Services Director.
REIMBURSEMENT OF EXPENSES:
Applicant shall reimburse City within fourteen (14) days of receipt of any
invoice from City, for all of the costs incurred by the City's Community
Services Department in the conducting of the Event, including, but not
limited to, set-up, maintenance and removal of the City's vehicles, clean-
up, maintenance and repair of the Property. Late payments shall accrue
interest of 18% per annum, until paid to the City.
AUTHORITY OF COMMUNITY SERVICES DIRECTOR:
Use by Applicant of the Property shall be coordinated with the Director of
the Community Services Department ("Director") or his/her designee. The
EXHIBIT "A" ~2
Director shall have authority to suspend all or any part of the activities of
Applicant when, in the Director's opinion, such activities may be or are
detrimental to the public or to the City, or if the City has reason to believe
any law or ordinance is being violated by Applicant, its agents or
employees. City reserves the right, through the Director, to suspend or
terminate use of the Property if visitors become unruly, and to reject any
presentation, material or item which is or may be, in the sole opinion of the
Director, hazardous, offensive, immoral or disparaging to the image of the
City, or to any person or group of persons. The decision of the Director in
such regard shall be final, binding and conclusive. Any matter not
expressly addressed herein shall be within the discretion of the Community
Services Director.
16) COMPLIANCE WITH LAWS:
Applicant also specifically agrees that its Event will be conducted in
compliance with all Federal, State, and County laws and all local
ordinances, resolutions and other requirements of the City of Aventura
including, but not limited to, those relating to noise, building, zoning,
gambling, fire protection, liquor regulation, and hours of operation.
EXHIBIT "A" 13
1N WITNESS OF THE FOREGOING, the parties have set their hands and seals
the day and year first written above signifying they have read, understand and
agree to its terms in its entirety.
CITY OF AVENTURA
ATTEST:
By
CITY MANAGER
CITY CLERK
Approved as to legal form:
CITY ATTORNEY
WITNESSES:
APPLICANT (By authorized officer, general
partner of partnership, or individual, as
applicable)
ATTEST:
(CORPORATE SEAL)
STATE OF
By
FOR THE APPLICANT
FOR THE APPLICANT
By
COUNTY OF
BEFORE ME, an officer duly authorized by Imv to administer oaths and take acknowledgments,
personally appeared and as
and respectively, of
and acknowledged they executed the foregoing Agreement as the proper officials of
, for the use andpurposes mentioned in it and they affixed the official
seal of the corporation, and that the instrument is the act and deed of that corporation.
IN WITNESS OF THE FOREGOING, 1 have set my hand and official Seal at , in the
State and Counly aforesaid on , 199
(SEAL)
Notary Public
My Commission Expires:
EXHIBIT "A" 14
COMMUNITY SERVICES DEPARTMENT
OUTDOOR EVENT APPLICATION
(PLEASE COMPLETE APPLICATION WITH TYPEWRITER ONLY)
Name of organization
Name of contact person
Address
Phone
Fax
PART I. EVENT REQUEST:
EVENT TITLE:
PURPOSE OF EVENT:
REQUESTED LOCATION:
ALTERNATE LOCATION:
EXHIBIT "A" ~5
REQUESTED DATES AND TIMES AS INDICATED BELOW:
DATE DAY
SET - UP
EVENT
EVENT
BREAKDOWN
ALTERNATE DATES OR RAIN DATES:
FROM(AM/PM)
TO (AM/PM)
DATE DAY FROM(AM/PM) TO(AM/PM)
ANTICIPATED ATTENDANCE PER DAY:
UTlLITY SERVICE PLAN (INCLUDE NAME AND LICENSE NUMBER
OF LICENSED MASTER ELECTRICIAN WHO WILL WORK THE
EVENT):
PART H. SPECIAL CONDITIONS OF PROPOSED EVENT:
ARE YOU PLANNING ANY TYPE OF AMUSEMENT
RIDES AS PART OF THIS EVENT?
YES NO
lF YES, WHAT IS THE NAME OF THE COMPANY WHO WILL BE
PROVIDING THE EQUIPMENT?
WHAT AMUSEMENT R1DES WILL BE AT THE EVENT (INCLUDE
BOUNCE HOUSES).
EXHIBIT "A" 16
ARE YOU PLANNING TO CHARGE AN
ADMISSION, DONATION, PARTICIPANT
FEE, ETC..? YES NO__
IF YES, HOW MUCH? $
ARE YOU REQUESTING TO FENCE THE EVENT? YES__ NO__
IF YES, INDICATE THE AREA TO BE
FENCED ON AN ATTACHED SITE PLAN.
ARE YOU PLANNING ON HAVING ANY TYPE OF
CONCESSION? YES NO
ARE YOU PLANNING ON SELLING ALCOHOLIC
BEVERAGES? YES NO
ARE YOU PLANNING TO USE ANY TYPE OF
MUSIC (AMPLIFIED OR NOT)?
YES NO
IF YES, PLEASE DESCRIBE IN DETAIL:
WILL YOUR EVENT AFFECT TRAFFIC OR
REQUIRE ROAD CLOSINGS?
YES NO
IF YES, PLEASE DESCRIBE REQUESTED
ROAD CLOSING IN DETAIL: (STREETS AND REQUESTED CLOSING
TIMES) (ATTACH MAP):
PART HI. REQUEST FOR CITY INVOLVEMENT:
PLEASE DESCRIBE IN DETAIL THE SERVICES THAT YOU ARE
REQUESTING FROM THE CITY OF AVENTURA (IF NONE, WRITE
"NONE"):.
EXHIBIT "A" 17
If this event application is approved, I agree to provide a notarized financial
statement of the event to the Community Services Department within ninety (90)
days of its conclusion.
I understand that a Community Services sponsored activity has precedence over
the above schedule, and 1 will be notified in the event that any conflicts arise in
adequate time to reschedule my event. I may be required to furnish the City with
proof of liability insurance naming the City as additional insured. Insurance must
be in the minimum amount of $1,000,000, or greater, as deemed satisfactory to the
City Finance/Support Services Director, plus $500,000 liquor liability insurance, if
applicable, also naming the City as additional insured, if selling alcohol at the
event.
PRINT NAME DATE
SIGNATURE TITLE DATE
RETURN OR MAIL APPLICATION TO:
CITY OF AVENTURA
SPECIAL EVENTS
COMMUNITY SERVICES DEPARTMENT
2999 N.E 191 ST., SUITE 500
AVENTURA, FL 33180
EXHIBIT "A" 18
FOR OFFICIAL USE ONLY
APPROVALS:
REC/CULTURAL SUPERINTENDENT
PUBLIC WORKS SUPERINTENDENT
COMMUNITY SERVICES D1RECTOR
CITY MANAGER
NOT APPROVED
DATE
DATE
DATE
DATE
DATE
CONDITIONS OF APPROVAL:
CITY OF AVENTURA
OFFICE OFTHECITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council
Eric M. Soroka, City~l~a~l~r
May 13, 1997 ~..~
Ordinance Establishing Zoning and Development Review Procedures
Ist Reading May 20, 1997 City Council Meeting Agenda Item
2nd Reading June 3, 1997 City Council Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Council adopt the attached Ordinance which
establishes a streamlined zoning, notice and development review procedures. The
Ordinance also repeals Ordinance No. 96-08 which was the transitional zoning
ordinance adopted by the City when the building and zoning functions were being
conducted by Dade County.
BACKGROUND
The attached Ordinance serves the following purposes:
1. Implements a less cumbersome hearing notice procedure compared to the Dade
County Code. A copy of Dade County's Code is attached.
2. Now that the City has assumed all planning and zoning functions, it establishes the
authority of City Council and staff relative to zoning matters.
3. it repeals transitional Ordinance No. 96-08.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0297-97
ORDINANCE NO. 97-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA;
ADOPTING ORDINANCE CONCERNING ZONING PURSUANT
TO SECTION 8.03 OF THE CITY CHARTER, AMENDING
METROPOLITAN DADE COUNTY ZONING CODE AS
APPLICABLE TO CITY OF AVENTURA; PROVIDING FOR
PUBLIC HEARINGS AND NOTICE OF PUBLIC HEARINGS;
PROVIDING FOR REPEAL AND REPLACEMENT OF
SECTION 33-310 OF THE METROPOLITAN DADE COUNTY
ZONING CODE CONCERNING PUBLIC HEARINGS;
SUBSTITUTING CITY COUNCIL AND DESIGNATED CITY
OFFICIALS FOR COUNTY AGENCIES AND OFFICIALS,
PROVIDING FOR AUTHORITY FOR REVIEW OF PUBLIC
HEARING APPLICATIONS, ZONING VARIANCES,
SPECIAL EXCEPTIONS AND OTHER QUASI-JUDICIAL
ACTION WITHIN THE SCOPE OF CHAPTER 33 "ZONING"
OF THE COUNTY CODE AS MADE APPLICABLE TO THE
CITY; PROVIDING FOR REPEAL OF ZONING AND
PLANNING TRANSITIONAL ORDINANCE, DESIGNATED AS
ORDINANCE NO 96-08 UPON THE SAME SUBJECT
MATTER; PROVIDING FOR SEVERABILITY; PROVIDING
FOR SAVINGS CLAUSE AND RATIFICATION OF PRIOR
ADMINISTHATIVE ACTION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, it is necessary for the City Council of the City of
Aventura, to i~plament public hearing procedures, including notice
of hearing procedures, which are tailored to the needs of the
Aventura community and are less cumbersome than those provisions
currently provided by Section 33-310 of the Code of Metropolitan
Dade County (the "County Code"); and
WHEREAS, now that the City has completed the transitional
period for the transfer of zoning and planning services from Dade
County to the City, it is necessary to adopt amendments to the
1
provisions of Chapter 33 "Zoning" of the County Code as applicable
to the City of Aventura pursuant to Section 8.03 of the City
Charter.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Public Hearinq; Notice of Hearinq.
A. When an application, as prescribed by Section 33-304, 33-
309 and 33-314 of the County Code, is filed, it shall promptly be
set for public hearing before the City Council.
B. Written recommendations of the City Manager or his
designee shall be developed and such recommendation shall become a
part of the hearing file and record, and open for public
inspection.
C. Notice of the time and place of the public hearing
describing the nature of the application and street address of the
property shall be published in a newspaper of general circulation
in the City not less than 10 days prior to the public hearing.
D. A courtesy notice containing substantially the same
information set forth in the published notice may be mailed to the
property owners of record located within a radius of 300 feet of
the property described in the application or such greater distance
as the City Manager may prescribe; provided, however, that failure
to mail or receive such courtesy notice shall not affect action or
proceedings taken under this Section.
E. The property shall be posted no later than 10 days prior
to the hearing in a manner conspicuous to the public, by a sign or
2
signs containing information concerning the application including
but not limited to the applied for zoning action and the time and
place of the public hearing.
Fo All costs of advertising, mailing and posting shall be
borne by the applicant.
Section 2. City Zoninq Officials and Authorities;
Provisions in Effect.
A. (1) Chapter 33 "Zoning" of the County Code, as made
applicable to the City pursuant to the provisions of Section 8.03
of the City Charter, is hereby amended to substitute the City
Council in the place and stead of County boards and committees,
included but not limited to the Board of County Commissioners and
the Zoning Appeals Board, so that all zoning variances, special
exceptions, unusual uses, appeal of administrative action and other
quasi-judicial action otherwise required to be taken by such boards
or committees at a public hearing shall be taken by the City
Council or by any person or board delegated such authority by the
City Council by ordinance.
(2) Chapter 33 "Zoning" of the County Code, as made
applicable to the City pursuant to the provisions of Section 8.03
of the City Charter, is hereby further amended to substitute the
City Manager or his designee in the place and stead of all county
officials, including but not limited to the Director of Planning,
Development and Regulation, so that all zoning review of building
permit applications and all other action which would otherwise be
taken by such County officials shall be taken by the City Manager
3
or his designee. The City staff under the direction of the City
Manager shall perform those functions for the City as may be
designated by the City Manager.
(3) Chapter 33 "Zoning" of the County Code, as made
applicable to the City, pursuant to Section 8.03 of the City
Charter, is hereby further amended by requiring that all building
permit applications be issued or denied by the building official
employed within the Community Development Department of City
created pursuant to Ordinance No. 96-06, in accordance with the
Permit Fee Schedule created by ordinance No. 96-22, as amended from
time to time.
B. The standards and criteria set forth in Chapter 33
,,Zoning" of the County Code, and as otherwise provided in the
Codes, ordinances, resolutions and laws made applicable pursuant to
Section 8.03 of the City Charter or as adopted by the City Council,
shall constitute the standards and criteria which shall govern
performance of the duties assumed or delegated pursuant to this
Section, unless modified by the City Council.
C. Except as otherwise provided in this Section, the
provisions of Chapter 33, Zoning, of the County Code, as made
applicable to the City pursuant to Section 8.03 of the City
Charter, shall remain in full force and effect unless or until
otherwise modified or replaced by the City Council.
Section 3. Repeal of Ordinance 96-08. ordinance 96-08,
the transitional zoning and planning ordinance previously enacted
upon the same subject matter as addressed in Section 2 above, is
4
hereby repealed.
Section 4. Repeal of County Zoninq Code Section 33-310.
County Zoning Code Section 33-310, providing for public hearings
and public hearing notice, as made applicable to the City pursuant
to City Charter Section 8.03, is hereby repealed in its entirety
and replaced by the provisions of Section 1 hereof.
Section 5. Savings Clause. The repeal of Ordinance 96-08
as provided by Section 3 above, shall not impair or affect the
validity of any proceedings or actions taken pursuant to such
ordinance and such actions, approvals and proceedings shall remain
in full force and effect.
Section 6. Ratification of Prior Administrative Action.
Ail actions previously taken
concerning the issuance and
other development approvals
by the City Manager and City staff
approval of permits, site plans and
during the period of time prior to
repeal of the zoning and planning transitional ordinance, Ordinance
No. 96-08, are hereby confirmed and ratified to the fullest extent
invalid or unconstitutional, such decision
validity of the remaining sections, sentences,
Seve~. The provisions of this Ordinance
severable and if any section, sentence, clause
Ordinance shall for any reason be held to be
shall not affect the
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.
permitted by law.
Section 7.
are declared to be
or phrase of this
Section 8. Effective Date. This Ordinance shall be
effective immediately upon adoption on second reading.
The foregoing Ordinance was offered by Councilmember ,
who moved its adoption on first reading. The motion was seconded
by Councilmember , and upon being put to a vote, the vote
was as follows:
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg __
Councilmember Jeffrey M. Perlow __
Councilmember Patricia Rogers-Libert __
Vice Mayor Arthur Berger --
Mayor Arthur I. Snyder --
The foregoing Ordinance was offered by Councilmember
., who moved its adoption on second reading. The motion was
seconded by Councilmember , and upon being put to a
vote, the vote was as follows:
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
6
PASSED AND ADOPTED on first reading this __
, 1997.
PASSED AND ADOPTED on second reading this __
, 1997.
day of
day of
ARTHUR I. SNYDER, MAYOR
ATTEST
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFF~ICIE.NCY: /~
CITY ATTORNEY
32800 l\Ordinance\Zoning, a2~
7
ZONING § 33-310
one desiring an amendment or repeal to the
zoning regulations. All properties described in one
application must be contiguous and immediately
adjacent to one another, and the Director may
require more than one application if the property
concerned contains more than forty (40) acres, or
the fee paid for one application would not equal
the cost of processing the same. Only applications
which the Community Zoning Appeals Board or
the Board of County Commissioners are autho-
rized to consider and act upon shall be accepted
for filing.
Applications which are to be considered by the
Community ZoningAppeals Boards in accordance
with this chapter shall be assigned by the Direc-
tor to the Community Zoning Appeals Board
which has jurisdiction based upon the location of
the property which is encompassed by the appli-
cation. In the event that the property which is
encompassed by the application is located in more
than one Community Zoning Appeals Board's
district the application shall be heard directly by
the County Commission.
Required fees except violation fees are waived
for any applicant who meets one of the following:
(1) The applicant presents to the Director a
certificate from the Director, Dade County
Welfare Department, that the applicant is
qualified to receive either State or County
welfare assistance; or
(2) The applicant presents to the Director each
of the following:
(a) A certified statement from the Dade
County Department of Property Ap-
praisal demonstrating that the prop-
erty to which the application applies is
totally exempt from ad valorem taxa-
tion because said property is used for
educational, literary, scientific, reli-
gious, charitable or governmental use.
If at the time the applicant seeks a
waiver of fee, the taxable status of the
property has not been determined for
the year in question, the exempt status
from the immediately preceding year
(if granted) shall be applicable pro-
vided the applicant presents a written
statement under oath that there has
been no change in ownership and use
of the property since January I of the
immediately preceding year;
(b) Awritten statement under oath of the
applicant that the purpose of the ap-
plication is to further those uses which
qualify the property for ad valorem tax
exemption and is not solely for the
purpose of enhancing the value of the
property or raising revenue; and
(c) A written statement of the applicant
under oath that payment of the fee
would substantially impair the ability
of the applicant to perform the uses
which qualify the property for ad valo-
rem tax exemption; or
(3) The County Commission determines by
unanimous vote of those present that the
property owner would suffer an extraordi-
nary financial hardship if required to pay
the fee.
Whenever any hearing is initiated by the Direc-
tor or the Zoning Official, pursuant to this sec-
tion, the County Manager may order that no
building permits shall be issued for any construc-
tion work on the property involved in the hearing,
until the heating has been finally concluded in
accordance with the provisions of this Code. Should
the County Manager issue such an order the
administrative personnel shall schedule the ap-
plication for the first public hearing date after
appropriate legal notice.
(Ord. No. 60-14, 4-19-60; Ord. No. 61-30, § 1,
6-27-61; Ord. No. 69-88, § 1, 12-3-69; Ord. No.
70-39, § 1, 5-13-70; Ord. No. 70-80, § 1, 10-27-70;
Ord. No. 72-53, § 1, 9-19-72; Ord. No. 74-20, § 2,
4-3-74; Ord. No. 83-60, § 1, 7-19-83; Ord. No.
91-91, § 1, 9-16-91; Ord. No. 95-215, § 1, 12-5-95;
Ord. No. 96-127, § 35, 9-4-96)
Sec. 33-310. Notice and hearing prerequi-
site to action by the Commu-
nity Zoning Appeals Boards or
Board of County Commission-
ers.
(a) When an application as prescribed by Sec-
tions 33-304 and 33-309 has been filed hereunder
the Director shall, no later than forty (40) days
Supp. No. 19 5433
§ 33-310 DADE COUNTY CODE
after filing, at the cost of the applicant, provide
mailed notice of such filing as provided in Section
33-310(d). The notice shall include the applicant's
name, the processing number, the property size,
the location (and street address, if available) of
the property, a general description of the action
requested in the application, and a statement
that the application was filed and is being re-
viewed by the Department and, where applicable,
the Developmental Impact Committee, and that a
future notice will be provided prior to the public
hearing thereon. The notice shall additionally
state and make clear that any interested person is
entitled to discuss the application with the County
employees processing and reviewing the spplica-
tion to the same extent as the applicant is so
entitled and that the application may change
during the hearing process. The person or persons
mailing the notice provided herein shall attach an
affidavit or affidavits thereof to the application's
file setting forth the compliance with this subsec-
tion. Failure to mail the said written notice as
provided herein shall render voidable any hearing
held on the application. If, after this initial notice
is mailed, the application is changed in a manner
such that additional land area is encompassed
within the application, then the initial notice
described herein shall be repeated by the Director
at the expense of the applicant. Such modifica-
tions that require repeating the initial notice
shall be permitted only during the regular work-
ing days that fall within the first seven (7) days of
the month. The notice provided in this paragraph
shall not be required for appeals filed in conjunc-
tion with Section 33-313 or 33-314 of the Code.
(b) Applications filed hereunder shall be
promptly transmitted to the appropriate board,
together with the written recommendations of the
Director and the Zoning Official. Where applica~
ble the Developmental Impact Committee shall
issue its recommendation, which shall include a
statement of the Director as to the appfication~s
relationship to the Comprehensive Development
Master Plan. All such recommendations shall be
signed and considered final no earlier than thirty
(30) days prior to the public hearing to give the
public an opportunity to provide information to
the staff prior to the recommendations becoming
final. This shall not preclude earlier, preliminary
recommendations. All documents of the County
departments evaluating the application, which
documents pertain to the application, are open for
public inspection to applicants or other interested
persons.
(c) No action on any application shall be taken
by the Community Zoning Appeals Boards or the
Board of County Commissioners on any appeal,
until a public hearing has been held upon notice
of the time, place and purpose of such hearing, the
cost of said notice to be borne by the applicant.
Notice shall be provided as follows:
(1) Said notice shall be published twice in
newspapers of general circulation in Dade
County, as follows: (A) a full legal notice, to
be published no later than twenty (20) days
and no earlier than thirty (30) days prior to
the public hearing, to contain the date,
time and place of the hearing, the property's
location (and street address, if available)
and legal description, and nature of the
application, including all specific variances
and other requests; and (B) a layman's
notice, to be published in the newspaper of
largest circulation in Dade County, no later
than twenty-five (25) days and no earlier
than thirty-five (35) days prior to the public
hearing, to contain the same information
as the above described full legal notice
except that the property's legal description
may be omitted and the nature of the
application and requests contained therein
may be summarized in a more concise,
abbreviated fashion. The layman's notice
may be published in a section or a supple-
ment of the newspaper distributed only in
the locality where the property subject to
the application lies. In the event that any
time periods specified in this subsection
shall conflict with any applicable provision
of the Florida Statutes, the provision of the
Florida Statutes shall govern.
(2) Mailed notice containing general informa-
tion, including, but not limited to, the date,
time and place of the hearing, the property's
location (and street address, if available),
and nature of the application shall be sent
as provided by subsection 33-310(d) no later
than thirty (30) days prior to the hearing.
Supp. No. 19 5434
ZONING § 33~311
(3) The property shall be posted no later than
twenty (20) days prior to the hearing in a
manner conspicuous to the public, by a sign
or signs containing information including
but not limited to the applied for zoning
action and the time and place of the public
hearing.
(d) Mailed notice shall be accomplished by plac-
ing in the United States mail a written notice to
all property owners of record, as reflected on the
Dade county Property Appraiser's tax roll as
updated, within the following radius of the prop-
erty described in the application, or such greater
distance as the Director may prescribe:
(1) For Developments of Regional Impact, or
modifications thereof, one (1) mile;
(2) For applications, other than for Develop-
ment of Regional Impact, required to be
reviewed by the Development Impact Com-
mittee; for district boundary changes, use
variances, special exceptions, or unusual
uses unless the foregoing are specifically
itemized in subsection (d)(3); for any mod-
ification of a covenant accepted or condi-
tion imposed in connection with a prior
district boundary change or use variance;
but this subsection shall not apply to resi-
dential uses of less than five (5) units,
one-half (¥2) mile;
(3) For district boundary change involving a
change of prefix within BU (Business) or
IU (Industrial) and use variance involving
such a use prefix change; for unusual use
for outdoor patio dining, outdoor display,
adult congregate living facility, day nurs-
ery, convalescent home, day camp, home for
the aged, institution for the handicapped,
kindergarten, nursing home, retirement vil-
lage, entrance feature, mobile home as
watchman's quarters, bathing beach; for
special exception for resubdividing/refac-
ing of platted lots, servant's quarters in
RU-1 district, convalescent home, eleemo-
synary and philanthropic institution in RU-4
districts, barn (spacing from residences) in
AU district, dude ranch in AU district,
temporary farm labor housing in AU dis-
trict; and for all other applications for zon-
ing action not specified in subsections (d)(1),
(2), and (3), five hundred (500) feet.
Such notice shall also be mailed to the presi-
dent of any homeowners association having any
member who resides within the area of mailed
notice described above when such residency is
shown upon a current updated notice filed with
the director. The Director shall establish and
maintain a process by which homeowners asso-
ciations may provide notice of the areas in
which their members reside. Homeowners as-
sociations shall keep these notices current by
updating them in accordance with procedures
to be prescribed by the Director.
(e) The person or persons responsible for pro-
viding the notices provided in subsection (c) above
shall attach to the application file a sworn affida-
vit or affidavits setting forth that they have
complied with said subsection. Failure to provide
the newspaper notices as provided, or failure to
mail the written notices as provided, or failure to
post the property as provided renders voidable
any hearing held on the application.
(f) The Director shall have the discretion to
expand any of the notice provisions contained in
this section to provide more information if deemed
appropriate.
(g) If the notices described in subsection (c)(1)
above are published, and the affidavits required
by subsections (a) and (d) above are of record, no
judicial proceeding to void a hearing shall be
commenced after the time for appeal from a
resolution of an administrative or quasijudicial
tribunal as provided in the Florida Rules of Ap-
pellate Procedures.
(Ord. No. 60-14, 4-19-60; Ord. No. 61-30, § 1,
6-27-61; Ord. No. 64-30, § 1, 7-21-64; Ord. No.
64-65, § 3, 12-15-64; Ord. No. 74-20, § 3, 4-3-74;
Ord. No. 74-40, § 2, 6-4-74; Ord. No. 75-47, § 4,
6-18-75; Ord. No. 87-29, § 1, 5-19-87; Ord. No.
89-129, § 1, 12-19-89; Ord. No. 94-200, § 1, 11-1-
94: Ord. No. 95-26, § 1, 2-7-95; Ord. No. 95-180, §
1, 10-5-95; Ord. No. 95-215, § 1, 12-5-95; Ord. No.
96-127, § 35, 9-4-96)
Sec. 33-311. Community Zoning Appeals
Board--Authority and duties.
(A) Except as otherwise provided by this chap-
ter, the Community Zoning Appeals Boards and
Board of County Commissioners shall have the
Supp. No. 19 5435
§ 33-311 DADE COUNTY CODE
authority and duty to consider and act upon
applications, as hereinafter set forth, after first
considering the written recommendations thereon
of the Director and the Zoning Official, or Devel-
opmental Impact Committee. Provided, however,
no such action shall be taken until notice of time
and place of the hearing at which the Community
Zoning Appeals Boards will consider the applica-
tion has been first published as provided in Sec-
tion 33-310. The Community Zoning Appeals
Boards are advised that the purpose of zoning and
regulations is to provide a comprehensive plan
and design to lessen the congestion in the high-
ways; to secure safety from fire, panic and other
dangers, to promote health, safety, morals, conve-
nience and the general welfare; to provide ade-
quate light and air; to prevent the overcrowding
of land and water; to avoid undue concentration of
population; to facilitate the adequate provisions
of transportation, water, sewerage, schools, parks
and other public requirements, with the view of
giving reasonable consideration among other things
to the character of the district or area and its
peculiar suitability for particular uses and with a
view to conserving the value of buildings and
property and encouraging the most appropriate
use of land and water throughout the County. The
Community Zoning Appeals Board and Board of
County Commissioners or any of their members
may inspect the premises and area under consid-
eration. The Community Zoning Appeals Boards
shall have authority over the following zoning
applications except where the Board of County
Commissioners has direct jurisdiction.
(1) Minimumsquarefootagerequirements. Hear
and grant or deny applications to increase
or decrease the minimum square footage
requirements for building in a particular
area, provided, it finds that the increase or
decrease would be comparable with that
required for the area or surrounding area
or that established by improvements in the
area or surrounding area.
(2) Appeal of administrative decisions.
(a) Upon application for, hear and decide
appeals where it is alleged there is an
error in any order, requirement, deci-
sion or determination made by an ad-
ministrative official in the interpreta-
(3)
tion of any portion of the regulations,
or of any final decision adopted by
resolution. Such administrative deci-
sions shall not include appeals filed
pursuant to Sections 2-114.1 through
2-114.4.
(b) Pursuant to the provisions of Section
33-36.1 any aggrieved property owner
in the area may appeal the decision of
the Director to the appropriate Com-
munity Zoning Appeals Board within
fifteen (15) days after the Director's
decision is published in a newspaper of
general circulation. An aggrieved ap-
plicant must file a new application
with the appropriate Dade County Com-
munity Zoning Appeals Board pursu-
ant to the provisions of this chapter
and must comply fully ~vith the require-
ments of Section 33-311 "Variances from
Other Than Airport Regulations".
Special exceptions, unusual and new uses.
Hear application for and grant or deny
special exceptions; that is, those exceptions
permitted by the regulations only upon
approval after public hearing, new uses
and unusual uses which by the regulations
are only permitted upon approval after
public hearing; provided the applied for
exception or use, including exception for
site or plot plan approval, in the opinion of
the Community Zoning Appeals Board,
would not have an unfavorable effect on
the economy of Dade County, Florida, would
not generate or result in excessive noise or
traffic, cause undue or excessive burden on
public facilities, including water, sewer, solid
waste disposal, recreation, transportation,
streets, roads, highways or other such fa-
cilities which have been constructed or
which are planned and budgeted for con-
struction, are accessible by private or pub-
lic roads, streets or highways, tend to cre-
ate a fire or other equally or greater
dangerous hazards, or provoke excessive
overcrowding or concentration of people or
population, ~vhen considering the necessity
for and reasonableness of such applied for
exception or use in relation to the present
Supp. No. 19 5436
CITY OF AVENTURA
OFFICE OFTHEClTYMANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council Cit~. a~
Eric M. Soroka,
April 29, 1997
Resolution Establishing Development Review, Planning and Zoning
Application Fee Schedule
May 20, 1997 City Council Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Council adopt the attached Fee Schedule for
Development Review, Planning and Zoning Applications. Ordinance No. 96-22 allows
the City to establish such fees by resolution.
BACKGROUND
Based on a six-month evaluation of utilizing the Dade County Planning and Zoning
Application Fee Schedule and determining the actual costs associated with the review
process, the attached revised schedule is recommended for adoption. In addition, with
the adoption of the Ordinance relating to zoning procedures, the review fees can be
reduced. Both matters have been designed to streamline the development review
process.
The revised schedule reduces most fees compared to the Dade County schedule. A
copy of the Dade County schedule is enclosed.
If you have any questions, please feel free to contact me.
Attachment
EMS/aca
CC0296-97
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, PROVIDING FOR AND ADOPTING
A FEE SCHEDULE FOR DEVELOPMENT REVIEW,
PLANNING AND ZONING APPLICATIONS; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY TO
CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Ordinance No. 96-22, the City Council is authorized to
provide a fee schedule for development review, planning and zoning applications provided
by the City; and
WHEREAS, the City Council has determined to establish appropriate fees for
development review, planning and zoning applications, as set forth herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, THAT:
Section 1. The development review, planning and zoning applications fee
schedule, attached hereto as Exhibit "A" and incorporated herein, is hereby established as
the fee schedule for development review, planning and zoning applications provided by the
City of Aventura Community Development Department.
Section 2. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its adoption.
The foregoing Resolution was offered by -, who moved its adoption.
The motion was seconded by , and upon being put to a vote, the vote was
as follows:
Resolution No
Page 2
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Patdcia Rogers-Libert
Vice Mayor Jeffrey M. Perlow
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 20th day of May, 1997.
ARTHURI. SNYDER, MAYOR
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EMS~ms
~ityCit of Aventura, Florida
Development Review, Planning and
Zoning Application Fee Schedule
Community Development Department
Effective June 1, 1997
Development Review, Planning
Zonin l Application Fee Schedule
and
1. Application Fees
All application fees shall be paid, in total, at the time of the application. A refund
of fifty (50%) of an original application fee may be refunded upon withdrawal of
an application when the written request for withdrawal is received within 60 days
of the date of application. Each individual action shall be submitted with an
application fee.
Action:
Non-Use Variance $800.00
I Unusual Use 15850.001
I Special Exception I $850.00r
I Zoning/Rezoning/Use Variance I $850.001
I Sign Variance I '7~0.001
I Conditional Approval I '~50.001
I Land Development Code Amendment I $850.001
AbandonmentJDedication of Easement or Right-of- $850.00
Way
Comprehensive Plan Amendments
$1500.00[
Concurrency Review
$500.00
Modification of Restrictive Covenants
$850.00
City of Aventura
Development Review, Planning and Zoning Application Fee Schedule
Plats
TentativeNVaiver $600 plus $1/unit residential
or $25/acre non-residential
Final $1200 plus $1/unit residential
or $25/acre non-residential
Site Plans
Residential
$1,625 plus $2/unit residential
Non-Residential
$1,725 plus $2/100 sq. ft. gross
building area
Substantial Compliance Determination
50% of Site Plan review
fee
2, Adverti$infl Costs
In addition to the fee schedule outlined in 1 above any application requiring
public notice in a newspaper shall pay an additional $650.00. All applications
requiring public notice shall provide the Community Development Department
with self adhesive labels containing the names, addresses of all property owners
as required by Ordinance.
City of Aventura
Development Review, Planning and Zoning Application Fee Schedule
L
ZI00 Basic fee:
ZI01 Basic fee (Violation):
FEE SCHEDULE
Public Hearing fees for those items not listed in H through Vll below.
500.00
1,000.00
Size of Property (applies to all applications)
Z978 Residential (350.00 per 10 acres or portion thereof)
Z981 Commercial (600.00 per 10 acres or portion thereof)
Z982
Z979
Size of Building
Commercial (200.00 per 5,000 sq. ft, or portion thereof)
Number of Units
Residential (200.00 per 15 units or portion thereof)
Site Plan Review
Z977 Residential
Z980 Commercial
X Non-Use Variance
Z972 Residential
Z973 Commercial
Z975
~, Z976
~ Z974
Modification / Deletion
Unusual Use
Special Exception
1,000.00
1,500.00
500.00
1,000.00
Zone Change to:
/~ ZI04 AU/GU/RU 1/RU2/RU 1Z/EU
Z 114 RUTH/Multi-faro/PAD
Z 124 RU-5/R.U-5A/OPD
Z134 BU
Z144 IU
1,000.00
2,000.00
2,000.00
1,000.00
1,500.00
2,000.00
3,000.00
2,500.00
Use Variance for uses permitted in:
Z115 AU/GU/RU 1/RU2/RU IZ/EU
Z 125 RUTH/Multi-faro/PAD
Z 135 RU-5/RU-SA/OPD
Z145 BU
Z155 IU
1,500.00
2,500.00
3,500.00
3,500.00
3,000.00
Page I of 2 11-1-94
I1. Non-Use Variance (Residential/One Lot)*
Z983 Fee 845.00
Z984 (Violation) 1,045.00
~For every application for a non-use variance for the new construction of, or addition to,
a single family residence (one lot maximum) or duplex (one lot maximum)
III. Trailer as a Watchman's Quarters:
z102 Unusual Use
z103 (Violation)
845.00
1,045.00
IV. Private Schools, House of D'orship, Congregate Living
Facilities, Nursing Homes and Convalescent Homes
Z985 Fee 1,250.00
Z986 (Violation) 2,000.00
V. Lake Excavation
Z987 Unusual Use 350.00
Z988 (Violation) 735.00
Z989 Site plan review: 630.00
Z990 Size of lake:
(210.00 per 10 acres of water surface area or portion thereof)
VI. Non-Use Variance. Signs
Z997 Fee 1,500.00
Z998 (Violation) 2,000.00
VII. Additional fees
Revisions to plans: (first revision no charge)
Z116 therea~er 500.00
Z117 Submitted 30 days or less prior to hearing 750.00
Z109 Derm (applies to all applications)
lt0.00
Concurrency
CN01- Residential
CN02- Commercial
6%
Subtotal
Total $
UPON REVIEW OF APPLICATION IF MORE REQUESTS ARE DEEMED TO BE NECESSARY,
ADDITIONAL FEES MAY HAVE TO BE SUBMrt-r~;D.
Make checks payable to: Dade County Building & Zoning Department
All application fee~ .~hall be paid, in to~al, at thc time of fding of thc applicatio~ and no total fee ahall be credited or refunded,
except when adjustment is watraated or deemed nece~aary due to dep,ar~m~ error. A refund of fig. y percent (50%) of tm
original application fee may be refunded upon the withdrawal of tm application when the written request for withdrawal is
received within 60 day~ of the date of application. In no event however, .~hall tm appellant of a Zoning Appeels Board decision
be entitled to a refuad of thc appeal fee.
Page 2 of 2 11-1-94
ORDINANCE NO. 96-22
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
PROVIDING A FEE SCHEDULE FOR BUILDING PERMIT
FEES; PROVIDING A FEE SCHEDULE FOR ZONING AND
PLANNING APPLICATIONS; REPLACING
METROPOLITAN DADE COUNTY FEE SCHEDULE;
PROVIDING FOR SEVERABILITY, INCLUSION IN THE
CODE AND AN EFFECTIVE DATE.
WHEREAS, the City is authorized by state law to provide for fees for the issuance
of building permits and for the consideration and processing of applications for zoning
and planning approvals, including re-zonings, variances, appeals of administrative
interpretations and other building, zoning and planning regulatory services provided by
the City; and
WHEREAS, pursuant to Sec. 8.04 of the City Charter, the Building and Zoning fee
schedules provided by Metropolitan Dade County have previously been utilized by the
City for the purpose of determining the applicable fees for building permits and zoning
applications; and
WHEREAS, the City Council finds that it is necessary to implement a mechanism
to enable the City to establish and adjust, from time to time, the applicable building permit
and zoning and planning application fees; and
WHEREAS, the City Council finds that this ordinance 'shall accomplish such
purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. The City is hereby authorized to impose fees for the issuance of
building permits, provision of inspections, issuance of certificates of completion or
Ord. No. 96-22 ,r~
Page 2
occupancy and related services of the Community Development Department. Such fees
shall be set and may be amended from time to time by resolution of the City Council
following a public hearing.
Section 2. The City is hereby authorized to impose fees for the filing and
processing of zoning and planning applications, including, but not limited to, applications
for variances, rezonings, comprehensive plan amendments, appeals of administrative
interpretations and other zoning or planning related services provided by the Community
Development Department. Such fees shall be set and may be amended from time to time
b~/resolution of the City Council following a public headng.
Section 3. Replacin.q Metropolitan Dade County Fee Schedule. The building
permit and zoning and planning application fees provided by this ordinance shall replace
the building permit and zoning and planning application fees previously provided by
administrative order of Metropolitan Dade County for building, zoning and planning
services, as made applicable by City Charter Section 8.04.
Section 4. 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 5. Inclusion in the Code. It is the intention of the City Council, and it is
Ord. No. 96-22
Page 3
hereby ordained that the provisions of this Ordinance shall become and made a part of
the Code of Aventura, Flodda; 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 6. Effective Date. This Ordinance shall be effective upon adoption on
second reading.
The foregoing Ordinance was offered by Vice Mayor Rogers-Libert, who moved
its adoption on first reading. This motion was seconded by Councilmember Perlow, and
upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger yes
Councilmember Jay R. Beskin yes
Councilmember Ken Cohen yes
Councilmember Harry Holzberg yes
Councilmember Jeffrey M. Perlow yes
Vice Mayor Patdcia Rogers-Libert yes
Mayor Arthur I. Snyder yes
The foregoing Ordinance was offered by Vice Mayor Rogers-Libert, who moved
its adoption on second reading. This motion was seconded by Councilmember
Holzberg, and upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger yes
Councilmember Jay R. Beskin yes
Councilmember Ken Cohen yes
Councilmember Harry Holzberg yes
Councilmember Jeffrey Pedow yes
Vice Mayor Patricia Rogers-Libert yes
Mayor Arthur I. Snyder yes
3
Ord. No. 96-22 J~
Page 4
PASSED AND ADOPTED on first reading this 17~ day of September, 1996.
PASSED AND ADOPTED on second reading this 2ND day of October, 1996.
ATTEST~,~7~n~
TERESA M. SMITH, CMC~, CITY CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
CITY A'I-rORNEY
EMS/tins
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council
Eric M. Soroka, City Manager
May 14, 1997
Ordinance Amending 1996/97 Budget
First Reading May 20, 1997 City Council Agenda Item ~ /~
Second Reading June 3, 1997 City Council Agenda Item
Recommendation
It is recommended that the City Council adopt the attached Ordinance which
recognizes additional carry-over in the amount of $600,000 from the 1995/96 fiscal
year.
Backqround
The audit for the 1995/96 fiscal year indicated that the City's undesignated General
Fund Balance (carry-over) was $2,981,541 compared to the budget projection of
$2,307,000. It is recommended that $600,000 of this previously unbudgeted carry-over
be recognized at this time.
At the next Council meeting, a Resolution will be presented that will allocate a major
portion of this amount to the computer equipment line items in Finance Support
Services and Police Department to pay the cost of a comprehensive information system
for the Police Department and for the balance of all City Departments.
If you have any questions, please feel free to contact me.
EMS/tms
attachment
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 1996197 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
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 Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Jeffrey M. Perlow
Mayor Arthur I. Snyder
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 20th day of May, 1997.
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Ordinance No.
Page 3
PASSED AND ADOPTED on second reading this 3rd day of June, 1997.
ARTHURI. SNYDER, MAYOR
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
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EXHIBIT A
REVENUES
Budget Amendment
General Fund
399900
Carryover
SUBTOTAL
2,307,000 600,000 2,907,000
Total Amendments-Revenues
EXPENDITURES
Capital Outlay
Non-Departmental - 590
6-60-6999 Capital Reserve
SUBTOTAL
2,494,349 600,000 3,094,349
Total Amendments-Expenditures
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
Mayor and Council
Eric M. Soroka, City~
t
Jaye M. Epstein, C(~
May 14, 1997
evelopment Director
Sign Ordinance Revisions
Pursuant to your request, following the Public Hearing of May 6, 1997, the outstanding
issues presented at the hearing can be addressed in the following manner.
1) Concern regarding the smaller tenants set back a considerable distance from the
right-of-way:
Recommendation:
Section 7. Nonresidential District Signs
b) Wall Sign
add to Sign Area (maximum): A tenant in a Multi-tenant
Center with less than 100' of Tenant Frontage and setback a
minimum of 350' from the Biscayne Boulevard right-of-way
shall be allowed a Wall Sign with a Sign Area (maximum) of
1-1/2 sq. ft. for each 1 lineal foot of Tenant Frontage.
Setback from right-of-way of some Existing Commercial Centers:
Point East Plaza: 140'
Loehmann's Fashion Island: 220'
Borders/Linens' N Things: 200'
Promenade's:
Lurias: 300'
Marshall's: 400'
Setback from right-of-way of Proposed Commercial Centers:
Aventura Commons:
Target/PetsMart: 500'
Champion (NE 191 St/Bisc. Blvd): 430'
2) Definition of Advertising:
Recommendation: (add to Definitions Section)
Advertising: Any form of public announcement intended to aid, directly
or indirectly, in the sale, use or promotion of a product, commodity,
service, activity or entertainment.
3) Definition of Completely Finished Appearance: (page 45 - Rear of Signs)
Recommendation:
add: . ·. as determined by the City Manager.
4) Concern regarding the regulations affecting signage internal to a Regional Mall:
Recommendation:
Section 7. Nonresidential District Signs
h) Regional Mall Signs
5) Wall signs...
add to Supplemental Regulations: Signage internal to the
enclosed structure of a Regional Mall, other than that
signage referred to in Section 7(h)(2), shall not be required
to conform to provided regulations, however, a building
permit shall be required for installation of such signage.
5) Letter Height:
Recommendation: (add the following)
Section 6. Residential District Permanent Signs
b) Directional
Letter Height (maximum): 8"
Section 7. Nonresidential District Signs
c) Canopy Sign
Letter Height (maximum): 12"
e) Directory Sign
Letter Height (maximum): 12"
g) Directional Sign:
Letter Height (maximum): 8"
h) Regional Mall Signs
3. Canopy Sign:
Letter Height (maximum): 12"
2
5. Window Signs:
Letter Height (maximum): 4"
6. Directional Signs:
Letter Height (maximum): 20"
Hospital:
1. Detached, Free-standing or Monument Signs
Letter Height (maximum): 20"
2. Wall Signs
Letter Height (maximum): 60"
6) Gulfstream Racetrack - Concern regarding the size and allowance of changeable
copy on a Monument Sign.
Recommendation:
Gulfstream Racetrack should conform to guidelines as
provided in Section 6. Residential District Permanent Signs,
and all other changes proposed under this Ordinance.
7) Concern regarding the
signage:
Recommendation:
renewal of permits including the reinspection of existing
The costs involved, payable by the business community
would be excessive. Additionally, because of the
turnover of tenants within retail space, the estimated
time period that a sign remains at a location may only be
approximately 5 years. Therefore, it is recommended that
this item not be included in the Sign Ordinance.
8) Letter from Shell Oil Products Company regarding concerns over signage allowed at
gas stations:
Recommendation: Section 7. Nonresidential District Signs
a) Detached, ... Signs
add to Number (maximum): ... notwithstanding the street
frontage or distance separation of the parcel occupied by
the gasoline station.
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Sou~heas! Florida Retail District
Shell Oil Products Company
Hillsboro Center
May 12, 1997
Mr. Eric $oroka
City Manager
City of Adventure
2999 NE 191st Street, Suite 500
Aventura, Florida 33180
RE: Proposed Sign Ordinance
Dear Mr. Soroka:
Thank you for the opportunity of making comrae~ts concerning the proposed
adoption of the sign ordinance by the City oE Adventure.
Although we have not has an opportunity to do a detailed evaluation of the
impact of the proposed sign ordinance on Shell Oil Company installations, based
purely on preliminary cursory examination we make the following observations.
First, there appears to be a possible inherent conflict in the definition of
pole signs and free standing signs as applied to service station properties, noU
only as to Shell Oil Company but other cormpanie$ as well, Other provisions of
the code which appear to be of questionable relationship to the purpose of the
ordinance include some of the listed signs in Section 3 ~Prohibited Signs,"
including Subparagraphs (c) and (h), and Subparagraphs (v) and (w), and other
prohibited signs listed under Paragraphs (ff), and (cc).
There is further concern with respect to the li~%itations imposed.upon Non-
Residential District Signs, Section 7, and a distance requirement from other
detached free standing or monument signs, and the limitation of number of signs
per parcel as well as the set-back and height of signs. There does not appear -
to be provision of irregularly shaped corner return~ relating to service station
properties and driveways. ~
In the SUpplemeDtal regulations in Sect£on 9, the limitation of logos in Sub-
section (d), and the landscaping requirements in S~b-section (h) appear to be
unworkable.
Most of the concerns of Shell Oil C0rapany deal with dealer requirements for
business identification and attraction, as well as safety, and secondarily, the
established nationally accepted signage of Shell Oil Go~kDany sites, shell has
always attempted to maintain a readily recognizable but yet pleasing image in
every cor~auni=y in which it operates, seeks to cooperate with governmental
agencies at all levels to every degree possible. We look forward to the
opportunity of discussing the impact of this sign ordinance on Shell properties
in the City of Aventura at the public hearings which we understand are scheduled
for May 20th and June 3rd of thi= year.
Respectfully submitted,
SHELL OIL COMPANY
M. G. Winder
Area Real Estate Representative
J:~PT204%WOR$]~f$~I~O~
~;tion 9, SuDDlemental renuleUon~.
Changeable Copy SIgna:
3) Pari-mutuele: In addition to other permitted Signs, Pari-mutuel
facilities shall be permitted to have a lighted, detached/freestanding Changeable Copy
Sign showing information related to on-site events, provided (i) the Sign shall not
exceed 30 feet in Sign Height or 1,000 square feet in Sign Area; and (ii) a landscaped
area of at least 100 square fee( shall be located around Ihe base of all such Signs.
CITY OF AVENTURA
OFFICE OF THE MAYOR
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Eric M. Soroka, City Manager
Arthur I. Snyder, Mayor
May 14, 1997
Change in Time of Council Meetings
Please place this item on the next Council agenda for discussion and possible action.
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