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07-13-1999 CC Meeting Agenda Cit? Commission Arthur I. Snyder~ Mayor Arthur Berg-er Jay R. Beskin Ken Cohen Han'y Holzbe~g left, fey M. Pe~low · 1/ Patficia Rogers~Libert City Eric M. Soroka Cffr Cirri Teresa M. Soroka, CMC/AAE Cit_r Attoraer Weiss ~e~ota Bellman Pastoriza & Guedes CITY COMMISSION MEETING AGENDA July 13,1999 - 6 p.m. Biscayne Medical Arts Building 21110 Biscayne Boulevard Suite 101 Aventura, Florida 33180 1. CALL TO ORDER~ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. PUBLIC HEARING: ORDINANCES - SECOND READING: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA ADOPTING LAND DEVELOPMENT REGULATIONS FOR THE CITY; RESCINDING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE AND AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE ZONING MAP AS REQUIRED BY THE LAND DEVELOPMENT REGULATIONS; PROVIDING FOR REZONING OF ALL PROPERTY IN THE CITY OF AVENTURA IN CONFORMANCE WITH THE ZONING DESIGNATIONS CONTAINED ON THE ZONING MAP; PROVIDING FOR INCLUSION IN THE CODE AND AN EFFECTIVE DATE. 4. ADJOURNMENT CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Commission~...~_._~ Eric M. Soroka~C i~/1~nagj~ - JpUrl;;:~egdglgan, Development Regulations (LDRs) BACKGROUND Attached hereto, for your review and consideration, are revisions to the LDRs based on the following: · Revisions requested by the City Commission at the June 15, 1999 meeting. · Clean-up revisions. · Recommended revision to Non-Conforming Use section offered by the Business Community. The following 1. 2. is a summary of the revisions: Page 5-15,506.9 - Clean-up. Page 5-46, 513.5 - New section requested by City Attorney's Office to provide for an appeal of the City Commission's actions. Page 7-1,701.2 - Added new RMF3A and Town Center - (TC2) Districts. Page 7-9, 703.5 - Added new RMF3A District - 40 units/acre and seven stories height maximum. Page 7-28, 704.6.1 - Revised height for hospitals to a maximum of 20 stories or 200 feet. Page 7-29, 704.6.4 - Implemented revisions contained in No. 5 above. Page 7-33 - Added new Town Center Marine District, which combines Town Center and M-1 Industrial Marine uses in the "Thunderboat Alley" area. Section 1205.4.2 - Suggests compromise to non-conforming uses requested by "Business Community" whereby commercially zoned areas outside the redevelopment areas specified in the Comprehensive Plan (Hospital Area, Thunder Alley and the Biscayne Boulevard south of N.E. 191st Avenue) would be allowed to rebuild without meeting the new LDRs. If you have any questions, please feel free to contact me. EMS/aca Attachment CCO770-99 506.9 by the City Manager or his designee without obtaining additional approvals. Such minor changes will be submitted at building pemfit application in the form of a revised site plan along with a copy of the originally approved site plan, clearly indicating the proposed minor changes. No increase in the approved variance, creation of variances or change in use shall be considered a minor chax~ge for the purposes of this section. Administrative Variances An administrative variance for setbacks: o? space and parking ren2firem~t~ may ~ ~ntefl hy the Ci~ Manao~i~ flexi,ce only when comneten, and gnh~tanti~e i~ nre~nted ~ ~ thhnafli;,lar (a) The partlcnlar variance created is a direct msnlt of a dedication of private prop ' y to the City. as re :,e ted the City. The alleged diffienlty or hardship ix not ecnnomic and has not been deliberately created to establish a use or smmture which is not otherwise cnnsigtent with the 1 ,DR (e) The granting of the variance will not he detrimental to the public welfare or i~nricms to other property or improvements in the vicinity The proposed variance will not ~nh~tantially increa~ the congestion in the public glreets; or increa?,e the danger of fire~ or endanger the public mfety~ or ~n~h~tantlally diminish or impair property values within the vicinity Land Development Regulations Cily of Aventura, Florida Page 5-15 Appeals 513.1 Pllrpo~e and Appllcahilily. This section is intended to provide for appeals bom the decisions of decision-making and adnfinistrative bodies having development approval authority under the LDR or fi~om any written order, requirement, decision, determination, or interpretation made by an administrative official in the enforcement of these regulations. The fight to appeal pursuant to this Section is limited to the applicant for a development permit who believes he has been aggrieved by a decision. The authority to decide appeals shall be as specified hereitr 513.2 Filing of Application and Notice of A~ ~r~e, al. An application and notice of appeal authorized under the provisions of this Section shall be filed with the City Manager. Applications shall be filed within 15 days of the signing of the written order, requirement, decision, determination, or interpretation of the LDRs. If an application is filed, the City Manager shall then make a determination of completeness. 513.3 Review. Upon receipt of a complete application the City Manager shall review the application and schedule a public hearing to be conducted by the City Commission. The City Manager shall forward a copy of the application to the City Commission together with a report and recommendation summarizing the facts of the case, any relevant documents and any conanents received on the applicatioD. 513.4 Action by the Ci~ Commission A public hearing shall be held by the City Commission to consider the application. The applicant shall be advised in writing of the hearing date and time. The City Commission shall review the application, the report and recommendation of the Administration and consider the evidence and testimony provided at the hearing. Atter the public hearing is held, the City Commission shall issue a written decision and order granting the rehef sought in the application, with or without conditions, or denying the appeal. 513.5 Appeal of an Order of the City Commission Appeals from any decision of the City Commission made pumnant tn the 1 .DRs shall he in aeeordance with Rule 0 1 gO. Florida Rules of Appellate Procedure Land Development Regulations City of Aventura, Florida Page 5-46 Chapter 7: IISE REGULATIONS Section 701. Zoning Districts. 701.1 Purpose. In order to effectively protect and promote the general welfare and to accomplish the purposes of the City's Comprehensive P~ ,md Utbo~t D~i~. El~.~nt the City is divided into districts of such number, shape and area, and of such common unity of purpose, adaptability and use that are deemed most suitable for the health mfety and welfare of the eommnnity ~o 701.2 Division of CiW into districts_ For the purpose of regulating the use of land, water, md building, and h~ir, h~, bmkfomn: population density, the intensity of use and proviginn of open space, the City of Aventura is hereby divided into the following districts: Conservation District (CNS) Residential Districts (R) Single Family Residemial (RS1) Residential (RS2) Medim Density Residential (RMF3) ~/ Regiclential (RMFg A) Medium High Density Residential (RMF 4 ) Business Districts (B) Neighborhood Business 031) Community Business_(B2) Heavy Business (B3) Office Park (OP) Medica] Office (MO) Town Center District (TC) Town Center (TC1) Toum Center Marine (TC2) ~ Land Development Rogulations City of Aventura, Florida Page 7-1 lqeiEhl nfRnildinE Flnor Area Ratin 1 story 0.30 2 story 0.50 3 story 0.75 4 story 0.80 703.5 Multi - Family Medi,,m Densi~ Residential 13imrlets ,(RMF~A). The following regulations shall apply to all RMF3A districts: 703.5.1 Ihs?om of 13istrlct The purpose and intent of this district is to provide suitable sites for the development of well planned, environmentally compat~le medium density multifamily residential use in areas consistent with the city's Comprehensive Plan Future Land Use Element. Densities shall not exceed forty (40) units per gross acre. 703.5.2 1 l~es PermiUed No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or part for other than one or more of the following specific uses: (a) Two - family dwellings. (b) Triplexes and Quadmplexes (c) Townhouses not to exceed 6 units in any one group. (d) Low Rise Apartments (e) Mid Rise Apartments. (f) All uses permitted in CF district. (g) Publicly owned recreation buildings and facilities, playgrotmds, playfields and parks (h) Uses accessory to any of the above uses when located on the same plot. 703.5.3 Site Developmem 5~tandards. (a) Minimum Lot Area and Width: Duplexes: Each dwelling of a two fmnlly structure shall be located on a plot not less than 60 feet in width and 4,000 square feet in area. Townhouses: Not less than 160 feet in width and 16,000 square feet in plot area. Where townhouse dwellings are designed, arranged and constructed for the ownership of each dwelling unit and the land thereunder by a separate and differem owner, each dwelling unit may be located on a lot not less than 20 feet in width, and 80 feet in depth. Each dwelling unit of a Quadmplex shall be located on a lot of minimum of 1,600 feet. Low and Mid Rise Apartments: Not less than 100 feet in width and 16,000 square feet in plot area. (b) Maximum Height: Duplexes: 2 stories or 25'. Townhouses: 3 stories or 35'. Low Rise Apartments: 4 stories or 45'. Mid-Rise Apartments: 7 stories or 80'. L&nd Development Regulations City of Aventura, Florida Page 7-9 (c) Plot Coverage: The combined plot area covered by all principal and accessory buildings shall not exceed 40% of the area of the lot. (d) Setbacks: Front Yards: Minimum of 25 feet in depth. Side Yards: Townhouse and Duplexes: Principal Structure 10 feet where applicable. Upon comer plots in all zoning districts included in this section there shall be a t~ontyard as herein specified, and in addition thereto, a side yard at least 20 feet in width on the side of the plot abutting on the side street. Low Rise and Mid Rise Apartments: 25 feet in depth. Rear Yards: Minimum of 25 feet. (e) Floor Areas: The minimum floor area not including garage or unairconditioned areas shall be 1,500 square feet. (f) Minimum Distances Between Buildings: Principal buildings shall be separated by at least 30 feet at the closest point or by the sum of the building heights divided by two, whichever is greater. (g) Minimum Floor Areas: The minimum floor area not including garage or unalrconditioned areas shall be as follows: Multiple family dwelling unit: Efficiency unit: 800 square feet. One bedroom unit: 900 square feet. Two bedroom unit: 1050 square feet. For each additional bedroom in excess of two add 150 square feet. Efficiency units shall not exceed twenty (20) percem of the total number of units within a building. (h) Minimum Open Space: 35% of the total lot area. Said open space shall be unencumbered with any structure or off-street parking, and shall be landscaped and well maintained with grass, trees, and shrubbery. (i) Accessibility: All multi - family development projects within the zoning district shall provide a walkway that links buildings and parking areas to onsite amenities. (j) Floor Area Ratio: The floor area ratio shall not exceed the following, provided, however, that structure parking shall not count as a part of the floor area, but shall be counted in computing building height. Height nflqnilding Flnnr Area Ratin 1 story 0.30 2 story 0.50 3 story 0.75 4 story 0.80 5 story 0.85 6 story 0.90 7 story 1.20 Land Development Regulations City of Aventura, Florid~ Page 7-10 704.2.2 704.2.3 twenty thousand (20,000) square feet per~[,~oimu,,cm' ' "-' ........ use: professional, business offices, medical out patient or dental offices or clinics. (e) Banks and financial institutions, excluding drive-through facilities, limited to twenty thousand (20,000) square feet per establishment. (f) Nursery school, child center or adult daycare subject to the following standards: a. Building shall be located at least thirty (30) feet from any "R" zoned lands. b. At least one completely fenced and secured play lot shall be established, maintained and used for children at play. The fence shall be not less than five (5) feet in height. c. Play lots located closer than fifty (50) feet to the plot line shall be screened by an opaque fence or wall or compact evergreen hedge not less than five (5) feet in height. (g) Institutions such as places of worship, libraries, museums and similar facilities. (h) Antique shops. (i) Restaurants and coffee houses or dining room where kitchen is screened or located akogether within an enclosed building or room and with ample provisions for carrying away or dissipating fumes, odors, smoke or noise and where premises are so arranged and the business is so conducted as not to be offensive or uollu/~luu~ crea~e a nni~anee to Occupants of adjoining premises or to passersby. Restaurants and cafes may serve alcoholic beverages where such service is strictly incidental to the service of food and from a service bar only provided no entertaimnent of any kind is furnished. No sign of any type or character shall be exhibited or displayed to the outside denoting that alcoholic beverages are obtainable within. (j) Uses accessory to any of the above uses when located on the same plot. (k) All uses permitted in the CF district. Cnndifirmal 11~. The following uses may be established if first approved as a Conditional Use: Outdoor cafes. · Residential uses as a combination of permitted business uses amd residential uses housed in the same building; the floor area of the residential use shall not exceed fifty (50) percent of the floor area of the building. · Drive- thru facility. llm~ Prohihiterl The permitted uses entanerated in this district shall not be construed to include, either as a principal or accessory use, hand Development Regulations City of Aventura, Florida Page 7-14 704.2.4 704.2.5 any of the following: (a) Any use not specifically permitted. (b) Adult entertainmem establishments as defined in the Land Development Regulations. (c) Sale of goods to other than the ultimate consumer. (d) Sales, display or storage of used merchandise other than antiques. (e) Sale of alcoholic beverages for on-prenfises consumption except with meals. (f) Sale of fruit or merchandise from trucks, wagons or other vehicles parked on or along public or private streets or from open stands or vacant lots. Such business on private or public property shall be conducted only from within approved permanem substantial buildings. (g) Purchase of used goods. l.imitationR Of ll~eR Anti Stnmtnres Except for automobile parking lots and play areas of day nurseries of public and private schools, all activities of permitted uses, including sale, display, preparation and storage, shall be conducted entirely within a completely enclosed building. Storage shall not be made above the height of the walls. Overhead doors or other openings larger than eight (8) feet in width shall not be located on the from or immediate street side elevations of buildings. If oriented toward contiguous residentially zoned land said opening shall be screened in accordance with the requirements contained in this Code. Site Development ~lnndards. (a) Floor Area Ratio and Lot Coverage: The floor area ratio shall be forty hundredths (0.40) at one (1) story and shall be increased by eleven-one-hundredths (0.11) for each additional story. Structure parking shall not count as part of the floor area, but shall be counted in computing building height and number of stories. The total lot coverage permitted for all buildings on the site shall not exceed forty (40) percent of the total lot area. Enclosed or nonenclosed mall areas shall not count as part of the floor area, for floor area ratio computation purposes. (b) Maximum Height: 2 stories or 35 feet (c) Minimum Lot Area and Width: The minimum required width is 110 feet and the width minimumAol2rea is 20,000 square feet. (d) Setbacks: Except as otherwise provided every plot shall have a front yard not less than twenty-five (25) feet in depth. Every plot shall have a street side yard of not less than twenty (20) feet in depth. There is no side or rear yard setback for a plot which is not adjacent to a street or alley. Band Development Regulations City of Aventura, Florida Page 7-15 704.3.2 6. In no event shall required walls, berms or plantings conflict with the required Sight Visibility Triangle. (cc) Hand car washes are permitted as an accessory use subject to the following conditions: 1. The car wash must be accessory to and operating as a secondary service of the service station. 2. The accessory car wash must meet all landscape and buffering requirements as outlined in this Code. 3. The accessory car wash must have a working oil/sand interceptor to which all drainage from the car wash must flow. 4. Hours of operation shall not exceed hours of operation of the service station. 5. Traffic circulation standards on site shall provide a minimum of six (6) vehicle stacking spaces, which spaces may be utilized as stacking spaces, separate parking spaces or a combination of the two. Any stacking shall be located in such a way as to avoid conflicts and provide safe turning movements. (dd) 14otel~ motel~, re~ort~ and time ~hare nnit~. ~n~eet tn the following: 1. The minimum plot area ~hall he one and one half(1 S) 2. Any outdoor recreation area~ including ~wlmming pnol~ ~hall he located at lea~t twenty-five (.25) feet from the plot line of any adjacent residentially ~oned property and ~ereened from any ~neh a~acent propertie~ in accordance with the land,cape code 3. The minimum floor area ora rental ~leeping room in a motel or hotel, which includes all area~ to he individually retired hy a customer: ~hall he three hnndred (q00) ~qnare feet. (ee) Accessory uses and structures. Conditinnal 1 lse. The following uses if first approved as a Conditional Use: · Regional Malls. · Dockage for and boats carrying passengers on excursion sightseeing, pleasure or fishing trips. · Automobile washing. · Self storage facility. · Hehport landing sites · Auction sales. · Indoor commercial recreation uses including, but not limited to: theater, bowling center, miniature golf, skating rink, health clubs and physical fitness facilities. Land Development Regulations City of Aventura, l~lorida Page 7-18 704.6 additional story. Structure parking shall not count as part of the floor area, but shall be counted in computing building height and number of stories. The tntal Iht o~verage permitted for nil buildings on lhe site shall not exc~el:l forty (40) percent of the lolal lol area (d) Setbacks: Every plot shall have a bont yard not less than 50 feet in depth. No parking areas shall be located within 30 feet of any residentially zoned property or within 10 feet of any street line Every plot shall have a street side yard of not less than fifteen (15) feet in depth. Every plot upon which a structure is hereafter erected shall have a minimum rear yard of 25 feet. Adjacent to any RS districts the setback shall be 30 feet. (e) Minimum Open Space: 22% ofthe net lot area. Said landscaped open space may include entrance features, passive recreational uses and/or pedestrian walkways. This minimum requirement may also include 50% of roof decks and other above-grade surfaces which are provided and maintained for the common benefit of all occupants of the building. Water bodies may be used as part of the required landscaped open space but such water areas shall not be credited for more than twenty (20) percent of the required open space. Medical Office (MO) District. This district is intended to provide for medical offices and other uses supporting the medical professional associated with the hospital. This zoning district may be applied to land designated Business and Office on the City's Future Land Use Map, however the uses within this district shall be consistent with, but may be more restrictive than, the corresponding Business and Office category permitted uses. 704.6.1 l[ses Permitted No building or structure, or part thereofi shall be erected, altered or used, or land used in whole or part for other than one or more of the following specific uses: (a) Business/professional offices, g~ (b) Hospitals (nnt tn e~c~ed 20 ~torles ar 200 feet in height) (c) Nursing Homes (d) Medical laboratories. (e) Laboratories for medical research and development, including the use of medical laboratory equipment and devices 0) Dental & medical offices (g) Banks, savings & loans (no drive-in tellers). (h) Restaurants accessory to primary uses (no drive-in facilities) (i) Pharmacies limited to drags and medical supplies. (j) Hotels, motels, resorts and time share units, subject to the following: · The minimmn plot area shall be one and one half (1.5) acres. l,and Dovelopment Regulations City of Aven~ra, Florida Page 7-28 704.6.2 704.6.3 704.6.4 (k) (l) (m) · The minimum floor area of a rental sleeping room in a motel or hotel, which includes all areas to be individually rented by a customer, shall be three hundred (300) square feet. All uses permitted in CF district. Uses generally accessory to the above principal uses. Accessory uses are those uses that are associated with the principal use(s) and which provide service primarily to employees and patrons of the office park. The accumulative total of all accessory uses shall be limited to a maximum of fifteen (15) percent of the total gross interior square footage of the buildings proposed for the site. Such uses shall have no outside advertising. Areas devoted to structure parking shall not be included in the above calculations. AI ~F Conditional 1 l~e The following uses if first approved as a Conditional Use: · Business-Related Schools. · Multi-family residential uses. · Uses that exceed the height limitations. · Retail uses with a minimum lot area of two (2) gross acres. · Drive thru facility. · Heliport landing site 1 lms Pmhihltezt. Except as specifically permitted in this sectio~ the following uses are expressly prohibited as either principal or accessory uses: (a) Adult entertainment. (b) Retail uses on a lot less than two (2) gross acres. (c) Industrbl uses. Site Development Standards. (a) Minimum Lot Area and Width: The minimum frontage requirements shall be one hundred (100) feet, with a minimum lot area of one and half (1.5) acres including right-of-way dedications. (b) Maximum Height: No building or structure, or part thereof shall be erected to a height exceeding 10 stories or 120 feet,,l~ whichever is less unless ntherwise ?coiffed in this .qectinn (C) Setbacks: Every plot shag have a front yard not less than 50 feet in depth. No parking areas shall be located within 30 feet of any residentially zoned property or within 10 feet of any street line Every plot shall have a street side yard of not less than twenty (20) feet in depth. Every plot upon which a structure is hereafter erected shall have a minimum rear yard of 25 feet. (d) Floor Area Ratio and Lot Coverage: The floor area ratio shall be forty hundredths (0.40) at one (1) story and shall be increased by I~and Development Regulations City of Aventura, Florida ggge 7-29 705.2.6 705.2.7 705.2.8 Efficiency units shall not exceed 40% of the total number of residential units within a building. (h) Required Open Space. A minimum of 35% of the total lot area of the site shall be provided as common open space available for use by all residents; of this common open space a minimum of one- half shall be unencumbered with any structure (except for play equipment for children and associated mounting, fencing and furniture) md shall be landscaped with grass and vegetation approved in a landscape plan. The remaining one-half may be used for recreational facilities, amenities, pedestrian walks, emrance landscaping and features (not including gatehouses and associated vehicle waiting areas), or maintenance facilities. Aeee~ihilily All residential units shall be accessible to the outside via a direct exit or an entry lobby that does not require residents to pass through a leasable commercial space. Allocation of Interior ~qpaee Retail stores, personal services, banks and financial services, indoor commercial recreation uses, restaurants and coffee houses, schools, nursery schools and child care centers are allowed only on the ground floor of mixed-use buddings. Offices and medical offices are allowed only on the ground and second floors. Residential uses are allowed only on the second or higher floors. Garl~ge Cnntainer~. All garbage or trash containers, oil tanks and bottle gas tanks must be placed in walled-in areas so that they shall not be visible from adjoining properties. 705.3 Town Center Marine Di~trie! (TC~) The following regulations shall apply to all TC2 districts: 705.3.1 pn?o~e, This district is intended to provide suitable sites for the developmem of structures combining residential and commercial uses located in proximity to marine-related light industrial activities. Residential units within this district should be developed and sold with the realistic expectation that limited impacts of noise, odor and dust will be experienced. Residential densities shall not exceed 25 units per gross acre and nonresidential densities shall not exceed a floor area ratio of 2.0. 705.3.2 ll~,e~ Permitted, No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or part for other than one or more of the following specific nses, provided the requirements set forth elsewhere in this section are satisfied: (a) Mixed-use structures. For the purposes of this subsection mixed-use buildings or structures are those combining Land Development Regulations City of Aventura, Florida Page 7-33 705.3.3. residential dwelling units conforming generally with the intent of the RMF3, Multi-Family Medium Density Residential district, with office and/or retail commercial uses allowed in the BI, Neighborhood Business District, where that ratio of total square feet dedicated to residential and non-residential uses is between 3:1 and 1:3. (b) Dry and wet boat storage. (c) Fabrication and construction of ships and boats. (d) Manufacturing and repair of equipment used in boats, ships and other marine applications, including cabinets and other interior woodwork; electronic equipment and navigational equipment and tools. (e) Manufacturing research and development business limited to buildings of twenty-five thousand (25,000) square feet or less in area per lot. (f) Marine architects and designers. (g) Marine showrooms. (h) Marine warehouses. (i) Office uses which serve or represent any primary industrial use in the district. (j) Repair and modification of ships and boats. (k) Retail sales of boats and ships, marine equipment and accessories, including fishing equipment and tackle, but not including the storage or sales of live bait. (1) Retail uses which serve the district. (m) Self service storage facility. (n) Warehousing including crating, packing and shipping. (o) All uses permitted in the CF district. Ace. eg~ory ll~en Permitled Permitted incidental and accessory uses shall include: (a) (b) Those uses allowed as accessory uses in the RMF3 Multi- Family Medium Density Residential District, except for uses which, by their nature, would inhibit the establishment of permitted commercial activities or restrict the acceptable mixing of residential and non-residential uses. Fabricators and constructors of ships and boats may operate the following facilities when located on, or adjacent to, their primary facility. These uses shall open for business no earlier than one hour before and close no later than one hour after the normal business hours of the primary facility. 1. Book, map and gift shops. 2. Facilities to accommodate plant tours. 3. Facilities to manufacture, sell and distribute souvenir clothing and fashion accessories. 4. Museums and instructional centers. Land Development Regulations City of Aventura, Florida Page 7-34 705.3.4 705.3.5 5. Restaurants that do not sell alcoholic beverages. (c) Fabricators and constructors of ships and boats may operate underground tanks for the storage and dispensing of gasoline, diesel fuel and turbine kerosene, subject to existing Federal, State or County fire and environmental standards. (d) Manufacturing and fabrication facilities are allowed one dwelling trait per site for the exclusive residential use of a security guard or plant manager, provided that the floor area of the dwelling unit does not exceed ten (10) percent of the total floor area of the facility. (e) Outdoor dining as an accessory use to a permitted restaurant or retail use. Conditional llmg Permitted The following uses may be established if first approved as a Conditional Use: O O Those uses permitted in the RMF3 district. Those uses permitted in the B1 district. Those uses permitted in the OP district. Those uses permitted in the U district. Those uses permitted in the ROS district. Daycare centers. Health club or spa and physical fitness facilities. Marinas. Museums. Restaurants and pubs. Sale of alcoholic beverages for on-premises consumption except with meals. Sale, rental, service and storage of motor vehicles. Stores for the sale or rent of new or used merchandise, conducted solely within a building, whether or not to the ultimate consumer. Uses that exceed the height limitations. II~e~ Prohibited Except as specifically permitted in this division the following uses are expressly prohibited as either principal or accessory uses: (a) Any use not specifically permitted. (b) Adult emertainment establishments. (c) Airport or heliport. (d) Any drive through service facility. (e) Any processing of animal products or disposal or incineration of dead animals. (f) Bars and cocktail lounges. (g) Bus storage or repair facilities. (h) Die casting. Land Development Regulations City of Aventura, ~'lorida Page 7-35 705.3.6 (i) Drop forging. (j) Fish smoking, curing and canning. (k) Foundry. (1) Institution for the housing of sick, indigent, aged or minor persons. (m) Manufacture of asphalt, brick, tile, glues, cement, lime, plaster, concrete or products thereof, acids, carbon, plastics, disinfectants, poison, insecticides and batteries. (n) Manufacturing and/or storage of explosives or explosives materials. (o) Meat processing or slaughtering. (p) Mortuaries. (q) Oil compounding or barreling. (r) Open air display, sale or storage of merchandise, materials or equipment, or any service or process performed outdoors unless enclosed by a masonry wall not less than six (6) feet in height. (s) Open air storage in bulk of asphalt, brick, building materials, butane, cement, clay products, concrete products, contractors equipment, fuel, gravel, hay, grease, lime, plaster, pipe, lumber, machinery, roofing, sand, stone, tar or creosoted products, timber or wood. (t) Paint or varnish manufacturing. (u) Pulp or paper mills. (v) Recycling or processing of construction and demolition debris or materials recycling facilities. (w) Sale of fruit or merchandise fi'om tracks, wagons or other vehicles parked on or along public or private streets or fi.om open stands or vacant lots. Such business on private or public property shall be conducted only from within approved permanent substantial buildings. (x) Sale of goods to other than the ultimate consumer. (y) Sales, purchase, display or storage of used merchandise other than antiques. (z) Salvage yards, automobile crushing operations, storage of automobiles or trucks for parts sales. l,imitntionn of ll~es and ,qtnmlures All permitted uses in this district shall be conducted within a completely enclosed building except as follows: (a) Overhead doors or other openings larger than eight (8) feet in width shall not be located on the immediate streetside elevations of buildings. However, on comer and double frontage lots said doors shall be permitted behind a six (6) foot decorative masonry wall with doors fronting properties of like zoning. If oriented toward contiguous residentially I~and Development Regulations City of Aventura, Florida Page 7-36 705.3.7 (b) zoned land said opening shall be screened in accordance with the requirements comained in these LDRs. Building facades facing roadways shall be designed to appear to be the froms of buildings. This provision shall apply to comer and double fi:ontage lots. Site Development ,qtanclarcl~ (a) Minimum lot size: 16,000 square feet. (b) Minimum lot width: 100 feet. (c) Maximum lot coverage: 45% of total lot area. (d) Maximum floor density: 1. Residential component: 25 dwelling units per gross acre. 2. Non-residential componem: 2.0 Floor Area Ratio. (e) Maximum Height: 4 stories or 50 feet. (f) Setbacks: i) From: 25 feet. ii) Side: There is no side yard setback required for a plot not adjacent to a street or alley, or where such setback is necessary to provide light and air to residential units. In such cases a side yard setback of 20 feet in depth is required. A minimum side yard setback often (10) feet from edge of water is required, where applicable. iii) Rear: There is no rear yard setback required for a plot not adjacent to a street or alley, or where such setback is necessary to provide light and air to residential units. In such cases a rear yard setback of 20 feet in depth is required. A minimum rear yard setback often (10) feet from edge of water is required. iv) Between Buildings: No minimum building separation distm~ce is normally required, except where necessary to provide light and air to residential units. In such cases, buildings may be no closer than 25 feet. (g) Minimum Floor Areas: The minimum floor area not including garage or unairconditioned areas shall be as follows: i) Multiple family dwelling unit: Efficiency trait: 800 square feet One bedroom unit: 900 square feet Two bedroom trait: 1050 square feet ii) For each additional bedroom in excess of two add 150 square feet. iii) Efficiency units shall not exceed 40% of the total number of residential units within a building. (h) Minimum Open Space: i) Any uses that include a Residential component: A minimum of 35% oftbe total lot area of the site shall be provided as common open space availbable for use by l~and Development Regulations City of Aventura, Florida Page 7-37 705.3.8 705.3.9 705.3.10 705.3.11 all residents; of this common open space a minimum of one-half shall be unencumbered with any structure (except for play equipment for children and associated mounting, fencing and furniture) and shall be landscaped with grass and vegetation approved in a landscape plan. The remaining one-half may be used for recreational facilities, amenities, pedestrian walks, entrance landscaping and features (not including gatehouses and associated vehicle waiting areas), or maintenance facilities. Non-residential uses: A minimum of 15% of the total lot area. Said landscaped open space may include entrance features, passive recreational uses and/or pedestrian walkways. The above minimum requirements may also include 50% of roof decks and other above-grade surfaces which are provided and maintained for the common benefit of all occupants of the building. Water bodies may be used as part of the required landscaped open space but such water areas shall not be credited for more than twenty (20) percent of the required open space. Accessibility All residential units shall be accessible to the outside via a direct exit or an entry lobby that does not require residents to pass through a leasable commercial space. Allneatinn nflnterior ?aec Retail stores, personal services, banks and financial services, indoor commercial recreation uses, restaurants and coffee houses, schools, nursery schools and child care centers are allowed only on the ground floor of mixed-use buildings. Offices and medical offices are allowed only on the ground and second floors. Residential uses are allowed only on the second or higher floors. View Corridors to Ray or Ocean All sites abutting a waterway shall maintain a visual passageway area unencumbered with any structure or off-street parking area. This view corridor shall extend from the waterway to the street most nearly parallel to the mean lfigh tide line. The width of this view corridor shall equal twenty (20) percent of the average of two frontages on either end of the view corridor, to a maximum of 100 feet. Performance ~qtandards. (a) No building or structure, or part thereof, shall be erected or used, in whole or in part, in any manner that is obnoxious, objectionable, a nuisance or a hazard to Land Development Regula~ion~ City of Aventura, Florida Page 7-38 adjoining properties, as it relates to sound, vibrations, odors, glare, radioactive materials, smoke and particular matters. (b) All necessary exterior lighting on the lot shall be installed so as not to cause any nuisance or glare to adjoining areas. (c) All garbage or trash containers, oil tanks and bottle gas i tanks must be placed in walled-in areas so that they! shall not be visible from adjacent properties. (d) There shall be no open outside storage of materials, supplies, products, equipment or machinery or maxine vehicles, except automotive vehicles, unless area used for such outside storage is effectively screened from the direct view at ground level from any street or from adjacent property. Said screening shall form a complete opaque screen up to eight (8) feet in height. Said screen may include fencing, provided that said fence is surrounded by trees and/or hedges of a height not less than three (3) feet at time of planting and maintained at the height of the fence. Outdoor storage shall be meant to include parking of all company owned and operated vehicles with the exception of passenger vehicles. No storage shall be permitted between a frontage street and the building line unless behind a six (6) foot decorative masonry wall. Such wall shall be constructed a minimum of five (5) feet from the property line and densely landscaped in the required 5 foot strip. (e) Fuel storage tanks may be above ground for emergency generators if fully screened by a masonry or concrete wall, finished in a manner consistent with the structure and landscaped with a continuous hedge and trees on each elevation of the wall. All other fuel tanks, regardless of type will be located underground. There will be no bulk storage of any fuels permitted other than fuels stored for the purpose of servicing vehicles used in the regular course of business and for back-up generator day tanks. (f) All improved land shall be well graded and free from underbrush and objectionable plant growth. All unimproved land shall be kept free from debris and shall not be used for storage of any materials. The road right of way landscaped areas shall be mowed at least every two weeks by the adjacent property owner. (g) All property shall be kept free from rubbish or debris. All buildings shall be kept painted and protected from deterioration and shall not be permitted to become dilapidated. I~and Development Regulations City of Aventura, Florida Page 7-39 (h) All driveways, walkways, parking areas, storage and loading areas of developed property shall be well graded and surfaced with at least asphaltic concrete or other equivalent hard, dustless materials. (i) The nature of any light industrial use shall not be dangerous to the comfort, peace, enjoyment, health or safety of the community or the abutting areas or create a disturbance or nuisance. l~and l)evelopment Regulations City of Aventura, Florida Page 7-40 REVISION TO LAND DEVELOPMENT CODE Create Section 1205.4.2 to read as follows: Section 1205.4.2. The restriction upon restoration and rebuilding which is provided by Section 1205.3 above, shall not apply to damages or destruction to any commercially developed property which damage or destruction is caused by a hurricane or other natural disaster affecting a substantial portion of the community and not primarily affecting an isolated property or development. This provision shall not be applicable to the City's redevelopment area described on Exhibit" "attached hereto and incorporated herein. This provision is intended to avoid disruption of economic resources and employment centers within the City so as to assure continued economic growth and development. 328001 ~prepo r ation~revision to land development code-june 30, 1999 REDEVELOPMENT AREAS RESIDENTIAL SINGLE FAMILY DISTRICT RESIDENTIAL SINGLE FAMILY DISTRICT MULTI-FAMILY MEDIUM DENSITY RESIDENTIAL MULTI-FAMILY HIGH DENSITY RESIDENTIAL NEIGHBDRHDOD BUSINESS DISTRICT COMMUNITY BUSINESS DISTRICT HEAVY BUSINESS DISTRICT TDWN CENTER DISTRICT OFFICE PARK ~ISTRICT MEDICAL OFFICE DISTRICT LIGHT INDUSTRIAL BISTRICT COMMUNITY FACILITIES DISTRICT RECREATION OPEN SPACE CDNS£RVATION DISTRICT UTILITIES DISTRICT EXHIBIT #1 While much of Aventura has developed in the recent past, some of its earliest developed areas are already beginning to show the need for attention. Within the City of Aventura, redevelopment opportunities will initially present themselves within three subareas of the city. One such area is commonly called the "Hospital Area" (see Figure 2). This area is generally defined as that portion of the city lying in the triangle formed by the northern city limits, the western city limits (FEC Railroad) and Biscayne Boulevard. The dominant development site in the area is the Aventura Hospital. However, a mix of disconnected uses surrounds the hospital and its accessory buildings. Currently, the array of uses within this area includes sel~-storage warehouses, single family homes, and a gas station. The housing stock within this area includes homes in need of both minor and major repairs. The lack of a cohesive development plan is apparent even to a casual observer. Another such area is commonly referred to as "Thunder Alley" (see Figure 3). This area is generally defined as the properties that border NE 188th Street to the north and south. This is the only industrial area of the city, and it includes a significant percentage of Miami-Dade County's boat building industry. Being an industrial area, some development activities have located here which are neither consistent, nor complementary with the internationally known boat builders that continue to call Aventura their corporate headquarters. The third area where redevelopment opportunities will initially arise is along the Biscayne Boulevard (US 1) corridor. The catalyst for redevelopment of this area is the on-going expansion of Biscayne Boulevard, the principal arterial road through Aventura. Much of the corridor's development can be described as strip commercial development. This pattern was prevalent during the period in which much of the corridor was developed. However, some of the recent Biscayne Boulevard commerdal development is indicative of a more nodal commercial form. CihJ of Aventura Comprehensive Plan Page 5 of 33 Transmittal Draft f~ pr oj ~ 936.01 \ wp ~ element\ 5-98 \ urban design Objective 3: By 2001, the City of Aventura shall study and review the possibility of creating a Community Redevelopment Agency (CRA). policy 3.1: The study area for a CRA shall include some portion, if not all, of the Hospital area, the Thunder Alley area, and/or the Biscayne Boulevard corridor. City of Aventura Comprehens~e plan Page 4 o/4 Transmittal Draft ~ ~ brain \ n~ l ~ proj ~ OO9 36.01~ wp ~ gaps \ 5- 98 \economic. doc ORDINANCE NO. 99-09 AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA ADOPTING LAND DEVELOPMENT REGULATIONS FOR THE CITY; RESCINDING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFMCT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE AND AN EFFECTIVE DATE. WHEREAS, the Comprehensive Plan of the City of Aventura provides that land development regulations will be prepared and adopted to implement the goals and objectives of the Comprehensive Plan; and WHEREAS, the City Commission has determined that the Miami-Dade County zoning code, currently in effect, does not meet the needs of the City and desires to replace same; and WHEREAS, the City has held numerous Workshop Meetings and obtained extensive input and participation by the public through these meetings; and WHEREAS, the City Manager has presented and recommended the adoption of Land Development Regulations that will preserve the public health, safety and welfare of the City; and WHEREAS, the City Commission, sifting as the Local Planning Agency pursuant to City Code Section 34-1, has held a public hearing upon the Land Development Regulations and has recommended adoption of the Land Development Regulations to the City Commission; and WHEREAS, the City Commission has held public hearings upon the adoption of the Land Development Regulations pursuant to this Ordinance; and WHEREAS, in accordance With the City's procedures and Section 166.041, Fla. Stat., public notice has been given of the public hearings for the proposed adoption of this Ordinance adopting the Land Development Regulations; and WHEREAS, the City Commission finds that it is in the best interests of the health, safety and welfare of the residents and property owners of the City of Aventura to adopt the attached Land Development Regulations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. That the recitals set forth above are hereby adopted and incorporated herein. Ordinance No. 99-09 Page 2 Section 2. Adoption of Land Development Re.qulations. That the Land Development Regulations of the City of Aventura, attached hereto as Exhibit "A" and incorporated herein, are hereby approved and adopted. Section 3. Conflicts. That all ordinances and parts of ordinance in conflict herewith are hereby repealed insofar as they are inconsistent or in conflict with the provisions of this ordinance or the Land Development Regulations, and the Land Development Regulations shall replace the provisions of the Miami-Dade County Zoning Code to the fullest extent allowed by law. However, the repeal of ordinances and the replacement of the Miami-Dade County Zoning Code shall not affect any offense or act committed or done or any penalty or forfeiture incurred, before the effective date of this ordinance. Section 4. Severability. That 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 Commission, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of Aventura, Florida; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 6. Effective Date. That this ordinance shall be in full force and effect on the date of passage and adoption. The foregoing Ordinance was offered by Commissioner Holzberg, who moved its adoption on first reading. The motion Wes seconded by Vice Mayor Rogers-Libert, and upon being put to a vote, the vote Wes as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Harry Holzberg Commissioner Jeffrey M. Perlow Vice-Mayor Patricia Rogers-Libert Mayor Arthur i. Snyder yes yes yes yes yes yes yes 2 Ordinance No. 99-09 Page 3 who The foregoing Ordinance was offered by , moved its adoption on second reading. The motion was seconded by , and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Harry Holzberg Commissioner Jeffrey M. Perlow Vice-Mayor Patricia Rogers-Libert Mayor Arthur I. Snyder absent PASSED on first reading this 15th day of June, 1999. PASSED AND ADOPTED on second reading this 13th day of July, 1999. Al-rEST: ARTHUR I. SNYDER, MAYOR TERESA M. SOROKA, CMC/AAE CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY A'I-FORNEY 3 ORDINANCE NO. 99-10 AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE ZONING MAP AS REQUIRED BY THE LAND DEVELOPMENT REGULATIONS; PROVIDING FOR REZONING OF ALL PROPERTY IN THE CITY OF AVENTURA IN CONFORMANCE WITH THE ZONING DESIGNATIONS CONTAINED ON THE ZONING MAP; PROVIDING FOR INCLUSION IN THE CODE AND AN EFFECTIVE DATE. WHEREAS, the City's Land Development Regulations require the preparation of an official zoning map to implement the Land Development Regulations; and WHEREAS, the City has held numerous Workshop Meetings and obtained extensive input and participation by the public through these meetings; and WHEREAS, a new zoning map has been prepared by the City Manager for the proper preservation of the public peace, health, safety, and welfare of the City; and WHEREAS, the City Commission, sifting as the Local Planning Agency pursuant to City Code Section 34-1, has held a public hearing upon the Zoning Map and has recommended adoption of the Zoning Map to the City Commission; and WHEREAS, the City Commission has held public hearings upon the adoption of the Land Development Regulations pursuant to this Ordinance; and WHEREAS, in accordance with the City's procedures and Section 166.041, Fla Stat., public notice has been given of the public hearings for the proposed passage of this Ordinance adopting the Zoning Map as required by the Land Development Regulations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. That the recitals set forth above are hereby adopted and incorporated herein. Section 2. Adoption of Zonin,q Map. That the Zoning Map attached as Exhibit "A" is adopted as the official zoning map of the City of Aventura, and that all property within the City is hereby rezoned in accordance with the Zoning Map. Section 3. Repeal of Zonin.q Map and Desi,qnations. That the Zoning Map that wes adopted by Section 8.03 of the City Charter (the Miami-Dade County Zoning Map), along with any amendments thereto, is hereby repealed and replaced as of the effective date of this Ordinance. Ordinance No. 99-10 Page 2 Section 4. Conflicts. That all ordinances and parts of ordinance in conflict herewith are hereby repealed insofar as they are inconsistent or in conflict with the provisions of this ordinance or the Land Development Regulations, and the Land Development Regulations shall replace the provisions of the Miami-Dade County Zoning Code to the fullest extent allowed by law. However, the repeal of ordinances and the replacement of the Miami-Dade County Zoning Code shall not affect any offense or act committed or done or any penalty or forfeiture incurred, or any contract or right established or accruing before the effective date of this ordinance. Section 5. Inclusion in the Code.. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of Aventura, Florida; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 6. Effective Date. That this ordinance shall be in full force and effect on the date of passage and adoption. The foregoing Ordinance was offered by Commissioner Holzberg, who moved its adoption on first reading. The motion was seconded by Vice Mayor Rogers-Libert, and upon being put to a vote, the vote wes as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Harry Holzberg Commissioner Jeffrey M. Perlow Vice-Mayor Patricia Rogers-Libert Mayor Arthur I. Snyder yes no yes yes yes no yes The foregoing Ordinance was offered by , who moved its adoption on second reading. The motion wes seconded by , and upon being put to a vote, the vote wes as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Harry Holzberg Commissioner Jeffrey M. Perlow Vice-Mayor Patricia Rogers-Libert Mayor Arthur I. Snyder absent Ordinance No. 99-10 Page 3 PASSED on first reading this 15th day of June, 1999. PASSED AND ADOPTED on second reading this 13th day of July, 1999. ATTEST: ARTHURI. SNYDER, MAYOR TERESA M. SOROKA, CMC/AAE CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY :flfiami www. herald.com www. elherald.com PUBLISHED DAILY NIIAMI-DADE~FLORIDA STATE OF FLORIDA COUNTY OFDADE Before the undersigned authority personally appeared: SILVIA ACOSTA . who or~ oath says that he/she is CUSTODIAN OF RECORDS of The Miami Herald, a daily newspaper published at Miami in Dade County, Florida; that the attached copy of advertisement was published in said newspaper in t~e issues of: 7/1/99 Affiant further says that the said The Miami Herald is a newspaper: published at Miami, in the said Dade County, Florida and that the said newspaper has heretofore been continuously published in said Dade County, Florida each day and has been entered as second class mail matter at the post office in Miami, in said Dade County, Florida, for a period of one year next preceding the fkst publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, fzrm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspapers.~. ./' / m to and sunscrioed before me this 7th:DAy OF July ,1999 My Commission Expires: .O. ct?b.er 17, 2001  CITY OF AVENTURA NOTICE OF HEARING OF LOCAL PLANNING AGENCY AND NOTICE OF ADOPTION OF -~ .... ~' LAND DEVELOPMENT REGULATIONS C~ of EX AND ZONING MAP The City of Aventura Local Planning Agency will meel in a public hearing on Jaly 13~ 1999 at 6 p.m. to consider adoption of the following Resolutions: A RESOLUTION OF THE CITY OF AVENTURA LOCAL PLANNING AGENCY RECOMMENDING ADOPTION OF THE CITY OF AVENTURA LAND DEVELOPMENT REGULATIONS~ ATTACHED HERETO AS EXHIBIT "A'~ AND PROVIDING AN EFFECTIVE DATE. A RESOLUTION OF THE CITY OF AVENTURA LOCAL PLANNING AGENCY RECOMMENDING ADOPTION OF THE CITY OF AVENTURA ZONING MAP, ATTACHED HERETO AS EXHIBIT "A", AS REQUIRED BY THE PROPOSED LAND DEVELOPMENT REGULATIONS; PROVIDING AN EFFECTIVE DATE. The public hearing will bc held at the Biscayne Medical Ar~s Building, located a! 21110 Biscayne Boulevard~ Suite 10L Aventura, Florida. The Resolutions. Any person wishing to address thc Local Pl~ning Agency on any mmcd~aely following he Local Planning Agency meeting, thc City Commis,~ion of the Cily of Aventura will cons der at a pub c heating adop on of the following Ordinances on second reading providing for Ibc final adopbhn AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA ADOPTING THE LAND DEVELOPMENT REGULATIONS FOR THE CITY OF AVENTURA; RESCINDING ALL ORDINANCES AND PARTS OF ORDINANCE~ IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE AND AN EFFECTIVE DATE· AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE ZONING MAP AS REQUIRED BY THE LAND DEVELOPMENT REGULATIONS; PROVIDING FOR ZONING OF ALL PROPERTY IN THE CITY OF AVENTURA IN CONFORMANCE WITH THE~ ZONING DESIGNATIONS CONTAINED ON THE ZONING MAE; PROVIDING FOR INCLUSION IN THE CODE AND AN EFFECTIVE DATE. / The public healing for~second rcadln~ of thc Ordinances will be beld at 0 · Aventura· Florida. The proposed Ordinances may be inspected by tee In accordance with the Americans with Disabditics Act of 1990. all ~persons proceed nfs because of that disability should con~ac~ thc Office of thc City If a person decides lo appeal any decision made by file Local Planning or hearing, lhat person will need a record of thc proceedings and, for such be based· Teresa M. Soroka, CMC City Clerk FOWLER, WHITE, BURNETT, HURLEY, BANICK & STPdCKROOT, P,A. Se'~ enteenth Floor 100 Southe~ S~nd S~ Mi~, Flo~da 33131 (305) 789-02~ FAX TRANSMITTAL Date: To: Fax Number: From: Fax Number: Matter No: Remarks: Friday, July 09, 1999 Mr. Erie M. Soroka (305) 466-8919 Number of Pages: Barry N. Semet (305) 789-9201 51764 Telephone Number: (305) 78%9200 Enclosed ia a leffer addressed to the Mayor ancl Commissioners concerning the proposed LDRs. Per our discussion, I put my comments in writing rather than making a presentation at the second reading. Please deliver a copy of the letter to each Of the addressees, and call me if you have any questions. Thank you. Original documents ~411 not follow by mail Time of TranSmittal: a.m./p.m. Transmittexi By: ~hotoeopy ~hould b~ taken O/th~S transrnisston tf it ~s to be reta~nad sme~.tacs~mde paper has hrm~ed storag~ life THE INFORMATION CONTAINED IN TI-IlS FACSIMILE MESSAGE IS ATTORNEy pRiViLEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR TR~ USE OF TK~ INDIVIDUAL OR. ENTITY' NAMED ABOVE. 1F THE READER OF TH[5 MESSAGE IS NOT 'iRE INTENDED RECIPIENT, YOU ~ KEREBy NOT[PIED TRAT ANY OISSF.3,iiNATION, DISTRJB UTION OR COPYING OF THIS COMR{ONICATiON is STRiCTLy PROHiBiTED. IF YOU HAVE P.~CE[,., ED THIS COMML~qlCATIDN IN ERROR, PLEASE I_~EDIATELY NOTIFy US BY TELEPHONE (IF LONG DISTANCE, PLEASE CALL COLLI~CT)Z2qD KETURN THE OKIOiNAL ME$ SAGE TO DS AT THE A[IOVE ADD.SS VIA THE U.S. POSTAL SERVICE. THANK YOU 'LEASE NOTIFY US IMMEDIATELY BY CALLING (305) 789-9200, IF THERE IS ANY PROBLEM. FOWLER. WI'tlTE, BU~i~IE~r, HURLEY, BANICK & 3TC~ICKROOT July 9, 1999 Arthur I. Snydcr, Mayor Ken Cohen, Vice Mayor Arthur B erSer, Jay R. Besldn, Harry Holzberg, Patrieia Rogers-Libert, Jeffrey M. Perlow, Commissioners City of Aventura Government Center 2999 N.E. 191st Street, Suite $00 Aventura, Florida 331 $0 YIA I-IAN'D D~I.D, rERV Dear Mayor and Commisaioners: This office represents Magnum Marine Corporation, Mamona Investments, N.V. and Happiness, Inc. (hereinafter collectively referred to as "Magnum"). As you know, Magnum owns property located at 2900 N.E 1 ggth Street ("Manne Facility") and the parcel of property, approximately 7 acres, located at the southeast comer of N.E. 188th Street ("Future Marine Facility"). ]'he purpose of this letter is to provide record notice of Magnurn's objections to the proposed Land Development Regulalion ('LDRs"), specifically including, but not limited to, the proposed rezoning of its properties. The objections below represent Magnum's major concerns, but are not intended to constitute an all incluaive list of the material, adverse consequences that the LDRs and rezoning wtll impose upon Maxum. 1. Manne Facility. At the present time, the marine facility is zoned IU-2 which classification has been in effect for many years and which, since its enactment, has permitted the Marine Facility to exist for 25~ years. You propose to rezone the Marine Facility to a Town Center District. In addition to matters described below, t~nat rezoning, as a material deviation from the pre~ent zoning and use of the property as a Marine Facility, is inconsistent with the proposed M 1 rezoning of adjoining property and property across the street, all of which are presently used for marine Page 2 related purposes. There is no rational basis for thc proposed rezoning and the discriminatory classification of the Marine Facility, and the proposed rezoinng will effectively destroy the value of the Marine Facility as a manufacturing facility. 2. Non-Conforming Use and Related Proposed Setback, Construction, etc. Requirements. The cumulative effect of a number of provisions of thc LDRs, notably Section 1205.3Co), will be to prevent Magnum fi.om maintaining thc Mar/no Facility in accorcla~ee with current zoning and approvals. Suffice it to say that Magnum, wtdch employs 65* people and produces rmllions of dollars Rom the manufacture and sale of boats and related tax revenues, did not revest millions of dollars in its business in reliance upon governmental authorizations over a period of 25+ years simply to see its efforts and investment destroyed. 3. Reconstruction After Damage Caused By Natural Disaster. You propose that residential properties damaged by natural disaster may be rebuilt as they existed Prior to the damage without complying with the new LDRs. However, you propose that non-residential properties damaged by the same causes may be rebuilt only in accordance with the LDI~. There is no rational baaia for that distraction which is patently discriminatory. Thc effect of the LDRs, rezoning and t~oat of condemnation "inordinately burden, restrict and limit the existing use" of Magnum's properties, unnecessarily interfere with private property rights and disproportionately impose on Magnum's properties vis-a-vis surrounding properties. 4. Future Marine Facility, Tills parcel ha~ been approved as the furore site of Magnum Marine's marine related construction/sales facility. Rather than maintain a category that would pe,,~it that maprovement of the parcel, you propose to rezone the parcel to an Office Park District which, et course, will destroy the ability of Magnum to proceed with thc Furore Marine Facility. You have not, however, proposed to similarly rezone the immediately adjoining property or other adjacent properties on N.E. 188th Street which will still be useable for marine relined purposes. (I note, parenthetically, that you have already gone on record as stating your intention to purchase or condenm portions of the Future Marine Facility Parcel, the effect of wi'ach also will be to prevent construction of the approved Furore .Marine Facility). All of those factors, individually and collectively, will have a material, adverse effect on Magnum and the value of thc,~cel. FOWLER. WHITE, ~[JRNETT, HURLEY, BANICK & STR~CKROOT A PROFESSIONAL ASSOCIATION 3055??6222 BERCOW & RADELL PA. 195 P01~05 JUL 13 '99 12:35 BERCOW & RADELL, P.A. Mr. Eric City' of Aventura 466-g919 Jeffrey Bercow, E~. July 13, 1999 5 1071-2 Dear Eric: We are transmitting to you proposed changes to the Town Center Marina District (TC2) for consideration by the City Commission this evening. Sincerely yours, Jeffrey Bercow, Esq. Fred Chouinard (via facsimile 305-933-1863) Brenda Kelley (via facsimile 305-466-8939) Arthur i. Snyder, Mayor (via facsimile 305-466-$939) Commissioner Arthur Berger (via facsimile 305-466-8939) Commissioner Jeffrey M. Perlow (via facsimile 305-466-8939) Commissioner Jay R. Beskin (via facsimile 305-466-8939) Commissioner Ken Cohen (via facsimile 305-466-8939) Commissioner Harry Holzberg (via facsimile 305-466-8939) 3053776222 BERCOW ~ RADELL PA, 195 P~2/~5 JUL 13 '99 12:35 PROPOSED CHANGES TO TOWN CENTER MARINA DISTRICT (TC2) submitted on behalf of Ft. Apache, Inc. 705.3.2 Uses Permiffed. No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or part for other than one or more of the following specific uses, provided the requirements set forth elsewhere in this section are satisfied: (a) Mixed-use structures. For the purposes of this subsection, mixed-use buildings or structures are those combining residential dwelling units conforming generally with the intent of the RMF3, Multi-Family Medium Density Residential district, with office and/or retail commercial uses allowed in the Neighborhood Business District, where that ratio of total square feet dedicated to residential and non-residential uses is between 3:1 and 1:3. (b) Dry and wet boat storage. (c) Fabrication and construction of ships and boats. (d) Manufacturing and repair of equipment used in boats, ships and other marine applications, including cabinets and other interior woodwork; electronic equipment and navigational equipment and tools. (e) Manufacturing research and development business limited to buildings of twenty-five thousand (25,000) square feet or less in area per lot. (f) Marine architects and designers. (g) Madne showrooms. (h) Marine warehouses. (i) Office uses which serve or represent any primary industrial use in the district. (j) Repair and modification of ships and boats. (k) Retail sales of boats and ships (new and used), marine equipment and accessories, including fishing equipment and tackle, but not including the storage or sales of live bait. (I) Retail uses which serve the district. (m) Self service storage facility. (n) Warehousing including crating, packing and shipping. (o) All uses permitted in the CF district. 705.3.4 Conditional Uses Permitted. The following uses may be established if first approved as a Conditional Use. · Those uses permitted in the RMF3 district. Those uses permitted in the B1 district. · Those uses permitted in the OP district. Those uses permitted in the U district. Those uses perm~ed in the ROS district. · Daycare centers. · Health Club or spa and physica~ fitness facilities. · Marinas. · Restaurants and pubs. · Sale of alcoholic beverages for on-premises consumption ~-~ccpt with meals. · Sale, rental, service and storage of motor vehicles. · Stores for the sale or rent of new or used memhandise, conducted solely within a building, whether or not the ultimate consumer. · Uses that exceed the height limitations. 705.3.5 Uses Prohibited. Except as specifically per'miffed in this division, the following uses are expressly prohibited as either principal or accessory uses: la) Any use not specifically permitted. lb) Adult entertainment establishments. lc) Airport or heliport. (d) Any drive through service facility. (e) Any processing of animal products or disposal or incineration of dead animals. (f) Bars and cocktail lounges. (g) Bus storage or repair facilities. (h) Die casting. (i) Drop forging. (j) Fish smoking, curing and canning. (k) Foundry. (I) Institution for the housing of sick, indigent, aged or minor persons. (m)Manufacture of asphalt, brick, tile, glues, cement, lime, plaster, concrete or products thereof, acids, carbon, plastics, disinfectants, poison, insecticides and batteries. (n) Manufacturing and/or storage of explosives or explosives materials_ (o) Meat processing or slaughtering. (p) Mortuaries. lq) Oil compounding or barreling. (r) Open air display, sale or storage of merchandise, materials or equipment, or any service or process performed outdoors 5055??6222 BERCOW & RADELL PA. 195 P04/05 JUL 15 '99 12:~6 705.3.6 705.3.10 unless enclosed by a masonry wall not less than six (6) feet in height. (s) Open air storage in bulk of asphalt, brick, building materials, butane, cement, clay products, concrete products, contractors equipment, fuel, gravel, hay, grease, lime, plaster, pipe, lumber, machinery, roofing, sand, stone, tar or creosoted products, timber or wood. (t) Paint or varnish manufacturing. (u) Pulp or other mills. (v) Recycling or processing of construction and demolition debris or materials recycling facilities. (w) Sale of fruit or memhandise from trucks, wagons or other vehicles parked on or along public or private streets or from open stands or vacant lots. Such business on private or public property shall be conducted only from within approved permanent substantial buildings_ (x) Sale of goods to other than the ultimate consumer. (y) Sales, purchase, display or storage of used memhandise other than mari e vess Is and antiques. (z) Salvage yards, automobile crushing operations, storage of automobile or trucks for parts sales. Limitations of Uses and Structure~ All permitted uses in this district shall be conducted within a completely enclosed building except as follows: (a) Overhead doors or other openings larger than eight (8) feet in width shall not be located on the immediate streetside elevations of buildings. However, on comer and double frontage lots said doors shall be permitted behind a six (6) foot decorative masonry wall with doors fronting properties of like zoning. If oriented toward contiguous residentially zoned land said opening shall be screened~ in accordance with the requirements contained in the LDR's. (b) Building facades facing roadways shall be designed to appear to be the fronts of buildings. This provision shall apply to corner and double frontage lots. View Corridors to Bay or Ocean. All sites abutting a waterway shall maintain a visual passageway area or areas unencumbered with any structure or off-street parking area. This view corridor or corridors shall extend from the waterway to the street mos~nearly parallel to the mean high tide line. The width of this view corridor or corridors_shall equal ~.~.o~.~!/,2g)ten ('10) percent of the average of-- 705~3.11 two frontages on either end of the view corridor, to a maximum of 100 feet. Performance Standards. There shall be no open outside storage of materials, supplies, products, equipment or machinery or marine vehicles, except automotive vehicles, unless area used for such outside storage is effectively screened from the direct view at ground level, where a~orooriata from any street or from adjacent property. Said screening shall form a complete opaque screen up to eight (8) feet in height. Said screen may include fencing, provided that said fence is surrounded by trees and/or hedges of a height not less than three (3) feet at time of planting and maintained at the height of the fence. Outdoor storage shall be meant to include parking of all company owned and operated vehicles with the exception of passenger vehicles. No storage shall be permitted between frontage street and the building line unless behind a six (6) foot decorative masonry wall. Such wall shall be constructed a minimum of five (5) feet from the property line and densely landscaped in the required 5 foot strip.