03-07-2000 LPA AgendaA v ntCity
Ul'
Local PlarmltE~' A_~ency
Arthur I. Snyder, Mayor
Arthur Berger
Jay R. Beskin
Ken Cohen
Harry Holzberg
Jeffrey M. Perlow
Patrie~a Rogers-Libert
LOCAL PLANNING AGENCY
AGENDA
Mar'ch 7, 2DOD - G PM
Cit~ Managvt
Eric M. $oroka
Citg Clerlt
Teresa M. Soroka, CMC
City Attorney
Weiss Serota Helfman
Pastoriza & Guedes
Biscayne Medical Ar~s Building
211 l0 Biscayne Boulevaxd Suite 101
Aventura, Florida 33180
2.
3.
4.
CALL TO ORDER\ROLL CALL
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES: February 1, 2000 LPA Hearing
PUBLIC HEARING: MOTION RECOMMENDING ADOPTION OF THE
FOLLOWING ORDINANCE:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE CITY'S LAND DEVELOPMENT
REGULATIONS, ENACTED BY ORDINANCE 99-09, BY
AMENDING ZONING DISTRICT REGULATIONS CONCERNING
ABOVE GROUND FUEL STORAGE TANKS SERVING
EMERGENCY GENERATORS; PROVIDING FOR INCLUSION IN
THE CODE; PROVIDING FOR AN EFFECTIVE DATE.
ADJOURNMENT.
This meefng is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and
who need special accommodations to participate in this meeting because of that disability should contact the Offi~ of the City Clerk,
305466-8901, not later than two days prior to such proceeding.
Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 2999 NE 191,t Street, Suite 500,
Aventom, Florid~ 33180. Anyone w/shrug to obtain a copy of any agenda item should contact the City Clerk at 305-466-8901.
A v nt.ttraC
MINUTES
LOCAL PLANNING AGENCY
MEETING
TUESDAY, FEBRUARY 1, 2000 6 PM
Biscayne Medical Arts Center
21110 Biscayne Boulevard Suite 101
=
CALL TO ORDER/ROLL CALL: The meeting was called to order at 6 p.m. by
Mayor Arthur I. Snyder. Present were Commissioners Jay R. Beskin, Ken
Cohen, Harry Holzberg, Jeffrey M. Perlow, Patricia Rogers-Libert, Vice Mayor
Arthur Berger, Mayor Snyder, City Manager Eric M. Soroka, City Clerk Teresa M.
Soroka, and City Attorneys Richard Jay Weiss and David M Wolpin. As a
quorum was determined to be present, the meeting commenced.
PLEDGE OF ALLEGIANCE. Mayor Snyder led the pledge of allegiance.
PUBLIC HEARINGS:
A. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE
LAND USE MAP DESIGNATION FOR THE PROPERTY LOCATED
WAY BETWEEN EAST COUNTRY CLUB DRIVE AND MYSTIC POINT
DRIVE FROM MEDIUM HIGH DENSITY RESIDENTIAL TO BUSINESS
AND OFFICE; AND PROVIDING FOR AN EFFECTIVE DATE.
A motion to recommend to the City Commission adoption of this ordinance was
offered by Commissioner Perlow and seconded by Commissioner Holzberg.
Brenda Kelley, Community Development Director, addressed the Commission
and entered the staff report into the record. Mayor Snyder opened the public
hearing. The following individuals spoke to this issue: Donald Softer, developer
of the subject property; Eileen Kramer, Marina Tower at Turnberry; Harold
Semel, Tower 200, Mystic Point; Clement Softer, 19355 Turnberry Isle; Michael
Heiman, Esq., counsel for Mystic Point; Sheila Holzman, Mystic Point; Carol
Newfield, Tower 200 Mystic Point; Troy Viscount, Country Club Estates; Joyce
Fox, Mystic Point; Ernie Helmridge, Turnberry; Seymour Gottlieb,South Tower;
Murray Goldfarb, Mystic Point; Bruce $ofer, Mystic Point; Lou Gordon, Mystic
Point; Ruth Antinoff, Tumberry; Murray Kozer, Aventura; Al Pikovsky, Mystic
Point; Jeffrey Bercow, Esq.; 200 S. Biscayne Blvd., attorney for the applicant;
Fred Coopersmith Tower 200, Mystic Point; and Sam Levine, future resident of
Hidden Bay. There being no further speakers, the public hearing was closed. A
motion to defer this matter to the Commission meeting in April to provide for
further discussion at a Workshop and Town Hall Meeting was offered by
Commissioner Perlow and seconded by Commissioner Cohen. The motion for
deferral passed 6-1, with Commissioner Beskin voting no.
Mayor Snyder presented Certificates of Appointment to the members of the
Beautification Advisory Board. (Five minute recess at this time)
B. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE
LAND USE MAP DESIGNATION FOR THE PROPERTY LOCATED AT
THE SOUTHEAST CORNER OF NE 28 COURT AND NE 185 STREET
FROM MEDIUM HIGH DENSITY RESIDENTIAL TO BUSINESS AND
OFFICE; AND PROVIDING FOR AN EFFECTIVE DATE.
A motion to recommend adoption and transmittal to the Florida Department of
Community Affairs was offered by Commissioner Rogers-Libert and seconded by
Commissioner Holzberg. Ms. Kelly addressed the Commission and entered the
staff report into the record. Mayor Snyder opened the public hearing. The
following individual spoke to this issue: Ben Fernandez, Esq., 200 S. Biscayne
Blvd. There being no further speakers, the public hearing was closed. The
motion passed unanimously.
C. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE
LAND USE MAP DESIGNATION FOR THE PROPERTY LOCATED AT
2890 NE 187 STREET FROM MEDIUM HIGH DENSITY RESIDENTIAL
TO TOWN CENTER; AND PROVIDING FOR AN EFFECTIVE DATE.
A motion to recommend adoption and transmittal to the Florida Department of
Community Affairs was offered by Commissioner Rogers-Libert and seconded by
Commissioner Cohen. Ms. Kelly addressed the Commission and entered the
staff report into the record. Mayor Snyder opened the public hearing. There
being no speakers, the public hearing was closed. The motion passed
unanimously.
D. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE
LAND USE MAP DESIGNATION FOR THE PROPERTY LOCATED AT
THE NORTHEAST CORNER OF NE 213 STREET AND THEORETICAL
NE 32 AVENUE FROM MEDIUM DENSITY RESIDENTIAL TO
BUSINESS AND OFFICE; AND PROVIDING FOR AN EFFECTIVE
DATE.
2
A motion to recommend adoption and transmittal to the Florida Department of
Community Affairs was offered by Vice Mayor Berger and seconded by
Commissioner Cohen. Ms. Kelly addressed the Commission and entered the
staff report into the record. Mayor Snyder opened the public hearing. The
following individual spoke to this issue: Dr. Barry Silverman. There being no
further speakers, the public hearing was closed. The motion passed
unanimously.
E, Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE
LAND USE MAP DESIGNATION FOR THE THREE CONTIGUOUS
PROPERTIES LOCATED ALONG THE EAST FRONTAGE OF
BISCAYNE BOULEVARD BETWEEN NE 187 STREET AND NE 191
STREET FROM TOWN CENTER TO BUSINESS AND OFFICE; AND
PROVIDING FOR AN EFFECTIVE DATE.
A motion to recommend adoption and transmittal to the Florida Department of
Community Affairs was offered by Commissioner Rogers-Libert and seconded by
Vice Mayor Berger. Ms. Kelly addressed the Commission and entered the staff
report into the record. Mayor Snyder opened the public hearing. There being no
speakers, the public hearing was closed. The motion passed 6-0.
Commissioner Perlow left the room at the beginning of the discussion for this
item and was not present for the vote.
F. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE
FUNCTIONAL CLASSIFICATION AND NUMBER OF LANES MAP FOR
NE 203 STREET FROM BISCAYNE BOULEVARD TO NE 29TM AVENUE
BY DELETING ITS CLASSIFICATION AS A LIMITED ACCESS
HIGHWAY; AND PROVIDING FOR AN EFFECTIVE DATE.
A motion to recommend adoption and transmittal to the Florida Department of
Community Affairs was offered by Vice Mayor Berger and seconded by
Commissioner Cohen. Ms. Kelly addressed the Commission and entered the
staff report into the record. Mayor Snyder opened the public hearing. Mr.
Platnick, 18071 Biscayne Blvd:, addressed the Commission. There being no
further speakers, the public hearing was closed. It was noted that all references
to 29th Avenue ware a scrivener~s error and would be changed to 30th Avenue.
The motion for approval of the ordinance, as amended, passed unanimously.
G. Mr. Weiss read the following ordinance by title:
3
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE
LAND USE MAP DESIGNATION FOR THE TURNBERRY ISLE
RESORT AND COUNTRY CLUB, LOCATED AT 19999 WEST
COUNTRY CLUB DRIVE FROM PARKS AND RECREATION TO
BUSINESS AND OFFICE; AND PROVIDING FOR AN EFFECTIVE
DATE.
A motion to recommend adoption and transmittal to the Florida Department of
Community Affairs was offered by Vice Mayor Berger and seconded by
Commissioner Rogers-Libert. Ms. Kelly addressed the Commission and entered
the staff report into the record. Mayor Snyder opened the public hearing. Clifford
Schulman, Esq., 1221 Brickell Avenue, addressed the Commission. There being
no further speakers, the public hearing was closed. An amendment was offered
by Commissioner Beskin, seconded by Commissioner Rogers-Libert and
unanimously approved to incorporate Exhibit 2, the map, by reference. The
motion for approval, as amended, passed unanimously.
H. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE COMPREHENSIVE MASTER PLAN BY DESIGNATING NE 213
STREET FROM BISCAYNE BOULEVARD TO NE 34TM AVENUE AS A
LOCAL URBAN COLLECTOR ON THE FUTURE FUNCTIONAL
CLASSIFICATION AND NUMBER OF LANES MAP; AND PROVIDING
FOR AN EFFECTIVE DATE.
A motion for adoption and transmittal to the Florida Department of Community
Affairs was offered by Commissioner Rogers-Libert and seconded by Vice Mayor
Berger. Mr. Weiss entered the staff report into the record. Mayor Snyder
opened the public hearing. There being no speakers, the public hearing was
closed. The motion passed unanimously.
I. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE COMPREHENSIVE MASTER PLAN BY ADDING SlX (6) NEW
POLICIES (POLICIES 1.11 THROUGH 1.16) TO OBJECTIVE ONE OF
THE INTERGOVERNMENTAL COORDINATION ELEMENT; AND
PROVIDING FOR AN EFFECTIVE DATE.
A motion to recommend adoption and transmittal to the Florida Department of
Community Affairs was offered by Vice Mayor Berger and seconded by
Commissioner Cohen. Ms. Kelly addressed the Commission and entered the
staff report into the record. Mayor Snyder opened the public hearing. Them
4
being no speakers, the public hearing was closed. Vice Mayor Berger moved,
seconded by Commissioner Rogers-Libert, to amend to delete the word "public"
in reference to schools. The amendment passed unanimously. The motion as
amended, passed unanimously.
4. ADJOURNMENT: There being no further business to come before the Local
Planning Agency at this time, after motion made, seconded and unanimously
passed, the meeting adjourned at 8:40 p.m.
Teresa M. Soroka, CMC, City Clerk
Approved by the LPA on
Anyone wishing to appeal any decision made by the City Commission 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.
5
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
DATE:
TO:
FROM:
BY:
SUBJECT: Petition of City of Aventura Community Development Department to
approve amendments to the City's Land Development Regulations to
permit Above Ground Storage Tanks of 550 gallon capacity or less only
for the purpose of supplying emergency generators as an accessory
conditional use in the RS1, RS2, RMF3, RMF3A, RMF4, B1, TC1, CF and
ROS zoning districts and as an accessory permitted use in the B2, B3,
OP, MO, M1 and U zoning districts. (01-LUA-00)
Lj
March 7, 2000 Local Planning Agency Agenda Item
1st Reading March 7, 2000 City Commission Agenda Item
2nd Reading April 4, 2000 City Commission Agenda Item
RECOMMENDATION
It is recommended that the City Commission approve amendments to the City's Land
Development Regulations to permit Above Ground Storage Tanks of 550 gallon
capacity or less only for the purpose of supplying emergency generators as an
accessory conditional use in the RS1, RS2, RMF3, RMF3A, RMF4, B1,TC1, CF and
ROS zoning districts and as an accessory permitted use in the B2, B3, OP, MO, M1 and
U zoning districts.
THE REQUEST
The Applicant, the City of Aventura Community Development Department, is requesting
a Comprehensive Plan amendment to add 14 new subsections to the City of Aventura
land Development Regulations as follows:
1) RS1, Residential Single Family District
703.2.4 Above.qr0und StoraRe Tanks. Above,qround Stora,qe Tanks (AST) are permitted
as a ,conditional use only as an accessory use and ,only for the purpose of
storin,q fuel for emer.qency .qenerators. ASTs must conform to the followin,q
requirements:
(a) Be of 550 Rallons,capacity or less.
(b) Be installed and operated under ,a valid permit from the Miami-Dade
County Department of Environmental Resources Mana.qement~
(c) Be fully screened by a masonry or concrete wall with a self-closin.q and
Iockin.q metal door or .qate. Such wall shall be landscaped in accordance
with the City's Landscape Code.
(d) Be located in a manner consistent with the site development standards of
the RS1 zonin.q district.
Installation of any AST shall require a buildin.q permit from the City. Application
for buildin,q permit shall be,accompanied by a site,plan indic~tin,q the location o,,f
the AST relative to property lines, the pdmary structure served by,the AST, any
other structures within 300 feet as well as a landscape plan prepared by a
Florida licensed architect or landscape architect and other suoDortin~
documentation as deemed ne,cessary by the City Mana,qer or desi,qnee.
2) RS2, Residential Single Family District
703.3.4
Above.qround StoraRe Tanks. AboveRr0und Stora.qe Tanks (AST) are permitted
as a conditional use only as an accessory use and only for the purpose of
storin,q fuel for emerRency .qenerators. ASTs must ,conform to the followinR
requirements:
(a) Be of 550 .qallons capacity or less.
(b) Be installed and operated under a valid permit from the Miami-Dade
County Department of Environmental Resources Mana.qement.
(c) Be fully screened by a masonry or concrete wall with a, self-closin,q and
Iockin.q metal door or .qate. Such wall shall be landscaped in ,accordance
with the City's Landscape Code.
(d) Be located in a manner consistent with the site development standards of
the RS2 zonin.q district.
Installation of any AST shall require a buildin,q permit from the City. Application
for building permit shall be accompanied by a site plan indicatin,q the location of
the AST relative to property lines, the primary structure served by the AST, any
other structures within 300 feet as, well, as a, landscape plan prepared by a
Florida licensed architect or landscape architect and other suooortin~
documentation as deemed necessary by the City Mana,qer or desi.qnee.
2
3) RMF3, Multi-Family Medium Density Residential District
703.4.4 Above,qround Storage Tanks. Above,qround Storage Tanks (AST) are permitted
as a conditional use only as an accessory use and only for the purpose, of
storing fuel for emergency qenerators. ASTs must conform to, the following
requirements:
(a) Be of 550 gallons capacity or less.
(b) Be installed and operated under,a, valid permit from the, Miami-Dade
County Department of Environmental Resources Management.
(c) Be fully screened by a masonry or ,concrete wall, with a self-closing and
locking metal door or gate. Such wall shall be landscaped in accordance
with the,City's Lan, dscape Code.
(d) Be located in a manner consistent with the site development standards,of
the RMF3 zoning district.
Installation of any AST sh~ll require a building permit from the City. Application
for building permit shall be accompanied by a site plan indicatin,q the location of
the AST relative to property lines, the primary structure served by the AST, any
other structures within 300 feet as well as a landscape plan prepared by a
Florida licensed arqhitect or landscape, architect and other supporting
do,cumentation as,deemed ne,cessarY by the City ManaRer or designee.
4) RMF3A, Multi-Family Medium Density Residential District
703.5.4
Above,qround Storage Tanks. Above,qround Stora,qe Tanks (AST) are permitted
as a conditional use, only as an accessory use and only for the purpose ol'
sto[in~l fuel for emer,qency ,qenerators. ASTs must conform to the following
requirements:
(a) Be of 550 ,qallons capacity or less.
(b) Be installed and operated under a valid permit from the Miami-Dade
County Department of Environmental Resources Mana,qement.
(c) Be fully screened by a masonry or concrete wall with,a self-closing and
locking metal door or gate. Such wall shall be landscaped in accordance
with the City's Landscape Code,.
(d) Be located in a manner consistent with the site development standards of
the RMF3A zonin,q district.
Installation of any AST shall require a building permit from the City. Application
for building permit shall be accompanied by a site plan indicating the location of
the AST relative to property lines, the primary structure served by the AST, any
other structures within 300 feet as well as a landscape plan prepared by a
Florida licensed architect or landscape architect and ,other suoportin~
documentation as deemed necessary by the City Manager or designee.
3
$) RMF4, Multi-Family Medium Density Residential District
703.6.4 Above,qround StoraRe Tanks. Abov~,qr0und Stora,qe Tanks (AST) are permitted
as a conditional use only as an ,accessorY use and only for the purpose of
storin,q fuel for emer.qency ,qenerators. ASTs must conform to the followin,q
requirements:
(a) Be of 550 ,qallons capacity or less~
(b) Be ,installed and operated under a valid permit from the Miami-Dade
County Department of Environmental Resources Mana,qement.,
(c) Be fully screened by a masonrY or concrete wall with a self-closin.q and
Iockin,q metal door ,or .qate. Such wall shall be landscaped in accordance
with the City's Landscape Code.
(d) Be located in a manner consistent with the site development standards of
the RMF4 zonin.q, district.
Installation of any AST shal! require a buildin,q permit from the City. Application
for buildin,q permit shall be accompanied by a site plan indicatin.q the location of
the AST relative to property lines., the primarY structure served by the AST, any
other structures within 300 feet as well as alan. dscape plan .prepared by a
Florida licensed architect or landscape architect and other suDDortin~
documentation as deemed necessary by the City ManaRer or desi,qnee.
6) B1, Neighborhood Business District
704.2.6
Aboveqround Stora,qe Tanks. Above,qround Stora.qe Tanks (AST) are permitted
as a conditional use only as an accessorY use and only for the purpose of
storin,q fuel for emer.qency Renerators. ASTs must conform to the followin,q
requirements:
(a) Be of 550 .qallons capacity or less.
(b) Be installed and operated under a valid permit from the Miami-Dade
County Department of Environmental Resources Manaqement.
(c) Be ,fully screened by a masonrY or concrete wall with a self-closin,q and
!ockinR metal door or Rate. Such wall shall be, landscaPed in accordance
with the City's Landscape Code.
(d) Be located in a manner consistent with the site development standards of
the B1 z0n, inR district.
Installation of.any AST shall require a buildin.q permit from the City. Application
for buildin.q permit shall be accompanied by a site plan indicatin,q the location of
the AST relative to property lines, the primary structure served by the AST, any
other structures within 300 feet as well as a landscape plan prepared by a
Florida licensed architect or landscape architect and other suDDortincl
documentation as deemed necessary by the City Mana,qer or designee.
4
7) B2, Community Business District
704.3.6 Ab0ve,qround Storage Tanks. Above,qroupd Storage Tanks (AST) are permitted
as an accessory use only. for the purpose of storing fuel for emer,qency
generators. Such ASTs must conform to the following requirements:
(a) Be of 550 gallons capacity or less.
(b) Be installed and operated under a valid permit from the Miami-Dade County
Department of Environmental Resources Mana,qement.
(c) Be located within a walled service court area or be fully Screened by a
mas.onry or concrete wall with a self-closing and locking metal door or gate.
Such wall shall be landscaped in accordance with the City's Landscape
Code. ASTs located within a service court area must be. located atop a
curbed reveal and shall be protected from turning, and backing trucks with
bollards.
(d) Be located in a. manner consistent with the site development standards of
the B2 zoning, district.
Installation of any AST shall require a building permit from the City. Application
for building permit shall be accompanied ,by a site plan indicating the location of
the AST relative to property lines, the primary structure served by the AST, any
other structures within 300 feet. A landscape plan prepared by a Florida
licensed architect or landscape architect and other supporting documentation
shall be, provided if required by the City.
8) B3, Heavy Business District
704.4.7 Above,qround Storage Tanks. Aboveground Storage Tanks (AST) are permitted
as an accessory use only for the purpose of stori.ng fuel for emer,qency
generators. Such ASTs must conform to the following requirements:
(a) Be of 550 gallons capacity or less.
(b) Be installed and operated under a valid permit from the Miami-Dade County
Department of Environmental Resources Management.
(c) B.e located within a walled service court area or be fully screened by a
masonry or concrete wall with a self-closing and locking metal door or gate.
Such wall shall be landscaped in accordance with the City's Landscape
Code. ASTs located within a service court, area must be located atop a
curbed reveal and shal! be protected from turning and backing trucks with
bollards,
(d) Be located in a manner consistent with the site development standards of
the B3 zoning district.
Installation of any AST shall require a building permit from the City. Application
for building permit shall be accompanied by a site plan indicating the location of
5
the AST relative to property lines, the primary structure served by the AST, any
other structures within 300 feet. A landscape plan prepared by a Florida
licensed architect or landscape architect and other supporting documentation
shall be provided if required by the City.
9) OP, Office Park District
704.5.5 Above.qround Storage Tanks., Aboveground Storage Tanks, (AST) are permitted
as an accessory use, only for the purpose of storing fuel for emergency
generators. Such ASTs must conform to the following requirements:
(a) Be of 550 gallons capacity or less.
(b) Be installed and operated under a valid permit from the Mi.ami-Dade County
Department of Environmental Resources Management.
(c) Be located within a walled .service court area or be fully screened by a
masonry or concrete wall with a self-closing and locki.n.q metal door or gate.
Such wall shall be landscaped in accordance with the City's Landscape
Code. ASTs located, within a service COUrt area must be located atop a
curbed reveal .and .shall be protected from turning and backing trucks with
botlards.
(d) Be located in a manner consistent with the site development standards of
the Op zoning district.
Installation of any AST shall require a building permit from the City. Application
for building permit shall be accompanied by a site plan indicating the location of
the AST relative to property lines, the primary structure served by the AST, any
other structures within 300 feet. A .landscape plan prepared by a Florida
licensed .architect or landscape architect and other.supporting documentation
shall be provided if required by the City.
10) MO, Medical Office District
704.6.6 Abovegr0und Storage Tanks. Aboveground Storage Tanks (AST) are permitted
as an accessory use only for the purpose of storing fuel for emergency
.qenerators. Such ASTs must conform to the followin.q requirements:
(a)
(b)
(c)
Be of 550 gallons capacity or less.
Be installed and operated under a valid Permit from the Miami-Dade County
Department of Environmental Resources Management.
Be. located within a walled service court area or be fully screened by a
masonry or concrete wall with a self-closing and locking metal door or gate.
Such wall shall be .landscaped in accordance with. the City's Landscape
Code. ASTs located within, a service court area must be located atop a
curbed .reveal and shall be protected from turning and backing trucks with
botlards.
6
(d) Be located in a manner consistent with the site development standards of
the MO zonin.q district.
Installation of any AST shall require a building permit from the City. Application
for building permit shall be accompanied by a site plan indicatin,q the location of
the A~'I' relative to property lines,, the primary structure served by the AST, any
other structures ,within 300 feet~ A landscape plan Prepared by a Florida
licensed architect or landscaPe architect and other, supporting documentation
shall be provided if required by the City.
11) TC1, Town Center District
705.2.9 Above.qround Storage Tanks. Above,qround Storage Tanks (AST) are permitted
as a conditional use only as an accessory use and only for the purpose of
storin.q fuel for emer,qency .qenerators. ASTs must conform to the followin,q
requirements:
(a) Be of 550 .qallons capacity or less.
(b) Be installed and operated under a valid permit from the Miami-Dade
County Department of Environmental Resources ManaRement.
(c) Be fully screened by a masonry or concrete wall with a self-cl0sin.q and
locking metal door or gate. Such wall shall, be landscaped in accordance
with the City's Landscape Code.
(d) Be located in a manner consistent with the site development standards of
the TC1 zonin,q district.
Installation of any AST shall require a building permit from the City, Application
for, buildin,q permit shall be accompanied by a site plan indicatin.q the location of
the AST relative to property lines, the primary structure served by the AST, any
other structures within 300 feet as well as a landscape plan prepared by a
Florida licensed architect or landscape architect and other suDportinq
documentation as deemed necessary by the City ManaRer or designee.
12) CF, Community Facilities District
707.1.5 Above.qround Stora.qe Tanks. ,AboveRround Storage Tanks (AST) are permitted
as a conditional, use only as an accessory use and only for the purpose of
st0rin.q fuel for emergency generators. ASTs must conform to the followin.q
requirements:
(a) Be of 550 .qallons capacity or less.
(b) Be installed and operated under a valid permit from the Miami-Dade
County Department of Environmental Resources Mana,qement.
(c) Be fully screened by a masonry or concrete wall with a self-closing and
10ckin,q metal door or .qate. Such wall shall be landscaped in accordance
with the City's Landscape Code.
7
(d)
Be located in a manner consistent with the site development standards of
the CF zonin,q district.
Installation of any AST shall, require a buildin.q permit from the City. Application
for buildin.q permit shall be accompanied by a site plan. indicatinR the location of
the AST relative to property lines, the primary structure served by the AST, any
other.structures within 300 feet as well as .a landscape plan prepared bY a
Florida licensed architect er landscape architect, and othe~ supportin.q
documentation as deemed necessary by the City Mana.qer or desi.q.nee.
13) ROS, Recreation/Open Space District
708.1.4 Above.qround StoraRe Tanks. AboveRround Stora.qe Tanks (AST) are permitted
as a conditional use only as an .accessory use and 0nly for the purpose of
storin,q fuel for emer,qency .qenerators. ASTs must .conform to the followin,q
requirements:
(a) Be of 550 ,qallons capacity or less.
(b) Be installed and operated under a valid permit from .the Miami-Dade
County Department of Environmental Resources Mana.qement.
(c) Be fully screened by a masonry or concrete wall with a self-closin.q and
Iockin.q metal door or .qate. Such wall shall be landscaped in accordance
with the City's Landscape Code.
(d) Be located in a manner consistent with the site development.standards.of
the ROS zonin.q district.
Installation of any AST shall require a buildin.q permit from the City. Application
for buildin,q permit shall be accompanied by a site plan indicatin.q the location of
the AST relative to property lines, the primary structure served by the AST, any
other structures within 300 feet as. well as a landscape plan prepared by a
Florida licensed architect or landscape, architect and other suD~)ortinq
documentation as deemed necessary by the City Mana.qer or desi.qnee.
14) U, Utilities District
709.1.4 Above.qround Stora,qe Tanks. Above.qround Stora.qe Tanks (AST) are permitted
as an accessory use only for the purpose of storin.q fuel. for emer,qency
.qenerators. Such ASTs must .conform to the followin.q requirements:
(a) Be of 550 .qallons capacity or tess.
(b) Be installed and operated under a valid permit from the Miami-Dade County
Department of Environmental Resources Mana.qe,ment.
(c) Be located within a walled service court area or be fully, screened by ~
masonry or concrete wall with a self-closin,q and. Iockin,q metal door or .qate.
Such wall shall be landscaped in accordance with the City.s Landscape
Code. ASTs located within, a service court area must be located atop a
8
curbed reveal, and shall be protected from turnin.q and backing trucks with
bollards.
(d) Be located in a manner consistent with the site development standards of
the U zoninR district.
Installation of any AST shall require a buildin.q permit from the City. Application
for building permit shall be accompanied by a site plan indicatin.q the location of
the AST relative to property lines, the primary.structure served by the AST, any
other structures within 300 feet. A landscaPe plan prepared by a Florida
licensed architect or landscape architect and other supportin.q documentation
shall be provided if required by the City.
SITE DATA
OWNERS OF PROPERTY
NAME OF APPLICANT
LEGAL DESCRIPTION
LOCATION OF PROPERTY
SIZE OF PROPERTY
Not applicable
City of Aventura
Development
Not applicable
Not applicable
Not applicable
Department of Community
DESCRIPTION/BACKGROUND
Because of tightened federal and state regulations, many underground storage tanks
(USTs) within the City will require removal and replacement in the immediate future.
State regulations, which have also recently been revised, exhibit a preference towards
aboveground storage tanks (AST) because they are less susceptible to leakage, are
easier to monitor and inspect, and are far cheaper to install. Technical advances in the
design and construction of ASTs and their associated plumbing, monitoring and control
systems have made them as safe from fire or accident as USTs and less susceptible to
contributing to groundwater pollution. The remaining objection to small ASTs is their
unsightliness.
The City's Land Development Regulations allow ASTs only to store fuel for emergency
generators and even then only in the M1 Light Industrial District and the TC2 Madne
Town Center District. Staff recommends that the City allow small (550 gallon or less)
ASTs only for the purpose of storing fuel for emergency generators in the B1, B2, B3,
OP, MO, M1, CF and U zoning districts as a permitted use and in the RS1, RS2, RMF3,
RMF3A, RMF4, TCl and ROS zoning districts as a conditional use.
9
Chapter 62-761, Florida Administrative Code, is extremely specific and detailed about
the requirements for installation, maintenance, repair and removal of such tanks. (The
550 gallon size is a breakpoint for many regulatory requirements.) The Miami-Dade
County Department of Environmental Resources Management (DERM) is responsible
for administrating these regulations. DERM requires all ASTs and USTs to be submitted
and approved prior to installation, repair, modification or removal. You will find a brief
summary of these regulations attached as Exhibit #1. Staff believes that small ASTs
installed and permitted to DERM standards are as safe as reasonably possible.
Protection against fire and explosive threats (including impacts and lightening) are
contained in two standards issued by Underwriters Laboratories: UL142 ("Steel
Aboveground Tanks for Flammable and Combustible Liquids," April 1993) and UL2085
"Protected Aboveground Tanks for Flammable and Combustible Liquids," December
1997). Subsection 62-761(3)(b)1a, Florida Administrative Code, requires that all
permitted aboveground storage tanks shall be constructed in accordance with UL142
and UL2085. Thus, no regulatory mechanisms other than a DERM installation permit
and a City building permit appear to be necessary for the installation of the tanks
themselves. However, reasonable requirements for landscaping and security walls
should be required in all districts. In commercial districts, this can be met either by
placing the AST within a walled and landscaped enclosure or within a service court
area, provided that measures are taken to protect the tank against turning and backing
service vehicles. However, within residential, neighborhood commercial, town center
and recreational districts, staff believes that such tanks should be located within their
own walled and landscaped enclosure.
ANALYSIS
Section 507~7 of the City's Land Development Regulations contains standards for
reviewing proposed amendments to the text of the LDR. It states:
In deciding whether to recommend approval of a proposed text amendment, the
Administration and the City Commission shall consider whether or not:
(a) The proposed amendment is legally required.
The proposed amendment is not legally required. However, it does rectify a procedural
discrepancy between the City's zoning approval process and the environmental
permitting process of the County's Department of Environmental Resources
Management (DERM).
(b) The proposed amendment is consistent with the Goals and Objectives of the
Comprehensive Plan.
The amendment is consistent with the City's Comprehensive Plan. The amendment will
not result in impacts on any infrastructure system that will exceed established Level of
10
Service standards, and conforms to the Goals and Objectives of the Comprehensive
Plan's Conservation and Coastal Management Element.
(c) The proposed amendment is consistent with the authority and purpose of the
LDR.
The proposed amendment is consistent with the requirements and authority of the Local
government Comprehensive Planning and Land Development Regulation Act (Chapter
163, Part II, Florida Statutes) and the general powers confirmed in Home Rules Powers
Act (Chapter 166, Florida Statutes). The proposed amendment is also consistent with
the Florida Constitution and the Municipal Powers Section (Article 6) of the Miami-Dade
County Charter.
(d) The proposed amendment furthers the orderly development of the City,
The proposed amendment furthers the orderly development of the City by providing a
method for permitting suitable aboveground storage tanks to be installed under the
environmental health and safety authority of the Miami-Dade Department of
Environmental Regulation Management and the Florida Department of Environmental
protection while reserving control of aesthetic suitability and land use compatibility for
municipal regulation.
(e) The proposed amendment improves the administration or execution of the
development process.
The proposed amendment improves the administration of the development process by
removing a procedural discrepancy between the City's LDRs and Florida Administrative
Code whereby the above ground location of small fuel tanks to supply emergency
generation is strongly encouraged by State and County environmental regulators, but is
prohibited in most situations in the City's LDRs. Continuing this discrepancy will likely
result in the installation of ASTs without a City building permit and will inhibit the City's
ability to perform inspections and mandate reasonable aesthetic treatments.
11
StOrage Tanks
http://www.co.miami-dade.fl.us/derm/storage_tanks.ht~
305-372-6716
Storage Tanks Section
Fuel leaks from underground and aboveground storage tanks at gasoline stations and other facilities present a
serious threat to the underground drinking water supply for Dade Countv The Storae T .
mamta,n the qual,ty of Dado County's groundwater resources by preventing leaks fr~)r~ s~onrkagSee~:atln°l~smw~c~nh~ldt°
hazardous materials. This goal is pursued through a comprehensive program of inspection, permitting, public
education, and enforcement of state and local environmental regulations.
Rules and Requirements concerning Storage Tank~
Questions concerning DERM's inspections
Other Agencies and Links
Rules and Requirements concerning Storage Tanks:
What are the rules governing storage tanks?
Federal Rules: 40 CFR Parts 280 and 281
State Rules: Chapters 62-761, Florida Administrative Code (F.A.C.)
County Rules: Section 24-12.2 Miami-Dade County Environmental Protection Ordinance.
What are the requirements of the ~torage tank r~li~s~
A few general requirements of the storage tank rules are:
· plans must be submitted to and approved by DERM before any storage tank is installed, removed, modified
or repaired
· state registration and county operating permits must be maintained.
Download a DERM Stora(~e Tank Permit Application You must have Adobe Acrobat Reader to view
this file!
· tanks and piping must be monitored by a leak detection system
· tanks and piping must be constructed of the proper corrosion resistant materials
There are many other requirements Which are included in the local, state, and federal storage tank rules: Most
.tanks which store fuels or hazardous materials are subject to these ru es, although some are exempt because of
tank size, type of material stored, or type of facility.,If youhave specific question§ about storage tank rules and
requirements, contact a representative from DERM s Storage Tank Section.
What rules govern contamination from leaking storage tanks?
Chapter 62-770 is the Petro cum Contamination Site Cleanup Criteria Rule. If you need information regarding the
cleanup of contamination from leaking storage tanks, use this link to the Pollution Remediation Section, or contact
them by phone at (305)372-6700.
What requirements must be met in order to install, remove or modify a Storage tank
You must submit plans to DERM, pay the appropriate review fee, and receive approvalprior to installing, removing,
modifying or repairing any underground or aboveground storage facility. The required olans must be r
~o~/ug~h.,th..e. OE, RM .P.[an Re~(i~W Section located on the 10th floor of the Metro-Dado
Avenue (R val olan.~ c.~6 ~ ~d-.,b~'L;7-.-'LT.'~'."' ~'~'-~-°-~u".V[! ,ucatea ~n tne u~:~ ouilding at 33 S.W. 2nd
.-.;^... 2.:.~e--m-°.. ~; ..... .;_ .;~ ~<=,,~,] m!eguy [o [ne U~I~M budding.) If you have-specific ucc[ions about th
· v~,~,, p, u~ mr s[orage [auKs, con[ac[ one of the plan review engineers in DERM's Pol~tinn Remediation e plan
Section at (305)372-6700.
~_Back to Top
Questions concerningDE~'~'Stol~ EXHIBIT #1
01-LUA-O0
,.~ics http://www.co.miami-dade.fl.us/derm/storage_tanks.hun
What will the inspector need to see during a routine DERM storage tank inspection?
Regulated facilities are usually inspected once per year, sometimes more often. Some of the basic items that the
DERM inspector will be looking for during the inspection are:
· DERM operating permit and DEP registration placard
· inventory records for the fuel received, stored and sold, including periodic reconciliation of these records
· records of monitoring system checks
· copy of the documentation of financial responsibility for third party liability and'cleanup costs for ~otential
leaks from the storage tank system
· keys to monitoring wells, which are required to be locked at all times
· keys to access fuel dispensers sumps
· records of storage tank system tests and repairs
What can you do to be prepared for a storage tank inspection?
· have all required paperwork on-site and up to date
· have the correct keys on site to access the storage tank system components
· make sure that all locks and water-tight caps on monitoring wells are in good working condition
· check the dispenser liners and pump sumps often and make sure that any accumulated water ~s properly
disposed
· make sure the entire system is in good working condition
· be familiar with the conditions outlined in your annual operating permit
At the end of the inspection, the operator on site will be given a copy of the compliance inspection, and other forms
as necessary, to notify the operator of rems that are out of comp ance The forms will specify the noncompliance
terns and give a timeframe n wh ch they must be repaired or corrected.
How can I review DERM's records for storage tank sites ?
DERM maintains files on over 5,000 act ve and inactive storage tank facilities located in Dade County. If you would
like to review any of these files you must make an appointment with the Waste Management Division file staff.
Requests to rewew specific files may be made by telephone to (308)372-6718 or faxed in to (305)372-6729.
Appointments are scheduled from 8:00 a.m. to 12:00 p m weekdays, excluding county holidays. In order to
expedite the file review process, you must have the correct street address or the DERM file number of the facility
in order to schedule an appointment. You may search for information on specific sites by downloadinq a st of
storage tank facilities in Miami-Dade County. '
~_Back to Top
Other Agencies and Links
The Florida Department of Environmental Protection (DEP) regulates storage tank facilities throughout Florida.
DERM implements the state storage tank regu at ons under an agreement with the DEP. The DEP Storage Tank
Regulation Homepage is an excellent source for current tank information, copies of the state tank regulations, and
copies of commonly used tank forms (registration, discharge reporting, etc.):
Visit the DEP Storage Tank Homepage at: www. dep.state.fl.usldwmlpro,qramsltanksl
DEP Tallahassee Headquarters DEP Local District Office
Storage Tank Regulation Southeast District Office
2600 Blair Stone Road P.O. Box 15425
Tallahassee, Florida 32399-2400 West Palm Beach, Florida 33416
Phone: (904) 488-3936 Phone: (561)681-6600
Fax: (561)681-6770
The federal Environmental Protection Agency also regulates storage tanks. Visit the EPA Office of Underground
Storage Tanks (OUST) at: www.epa ,qov/swerustl
11/23/99 l:50 PM
Storage Tank Regulation Section wysiwygff/lO/http'J/www.dep.state.fl.us/dvanJpmgrams/tanks/default.h~
PROGRAM OVERVIEW
The Storage Tank Regulation Section is part of the Bureau of
Petroleum Storage Systems in the Florida Department of
Environmental Protection's (FDEP) Division of Waste
Management.
In 1983, Florida was one of the first states in the union to pass
legislation, adopt rules, and develop a program for the
regulation of underground and aboveground storage tank
systems. This was mainly in response to a 1982 discharge fi.om
an underground storage tank that leaked over 10,000 gallons of
gasoline next to the Marion County town of Belleview's water
supply wells. Since that time, over 27,000 facilities have
reported discharges of petrolunm products fi.om storage tank
systems. Because Florida relies on groundwater for
approximately 92 percent of its drinking water needs, the
Department has a very active petroleum contamination
prevention and cleanup program and some of the most stringent
rules in the country.
Leak Prevention is an important part of Florida's program.
FDEP's underground and aboveground storage tank rules
require that all new and replacement storage tank systems have
secondary containment. The rules also establish deadlines for
owners of existing storage tank systems to replace their systems
with those that have secondary containment. In addition, the
Department has contracts with all 67 counties in the state to
perform compliance verification and enforcement activities.
The counties perform routine inspections of every facility
within their counties on an annual basis, inspect the installation
and removal of all storage tank systems, and complete
investigations of discharges from regulated facilities. As of
January 1999, approximately 260,000 inspections have been
completed, and compliance rates have improved significantly.
Contact the Storage Tank
Regulation Section at:
2600 Blair Stone Road,
MS 4525
Tallahassee, FL 32399-2400
Phone: (850) 488-3935
Fax: (850) 414-1521
for Approved Equipment List
CURRENT HIGHLIGHTS
Another Deadline?...New
Rules?
Deadlines:
There is another deadline
approaching at the end of this
year. This time, it's for
Aboveground Storage Tanks (ASTs).
January 1, 2000, is the deadline
for ASTs installed before July 13,
1998. Some of the more important
requirements in Rule 62-761.510,
F.A.C., are:
t. AST systems must comply with
the performance standards in
2 of 4 2/24/00 9:08 A~V
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE CITY'S LAND DEVELOPMENT
REGULATIONS, ENACTED BY ORDINANCE 99-09, BY
AMENDING ZONING DISTRICT REGULATIONS
CONCERNING ABOVE GROUND FUEL STORAGE
TANKS SERVING EMERGENCY GENERATORS;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Aventura deems it necessary to amend the City's Land
Development Regulations to enable the installation of above ground fuel tanks for
emergency generators in certain areas of the City; and
WHEREAS, the City Commission believes it is in the best interest of the public
to regulate the installation of above ground fuel tanks for emergency generators; and
WHEREAS, the City Commission desires to enhance the unique aesthetic
character of the City by requiring certain design standards associated with the
installation of above ground fuel tanks for emergency generators; and
WHEREAS, nothing in this ordinance shall impair the enforcement of more
restrictive restrictions imposed upon private property pursuant to the provisions of
Restrictive Covenants of Homeowners' Associations and Master Associations or the
provisions of Declarations of Condominium bylaws, rules or regulations issued
thereunder; and
WHEREAS, the City Commission finds that this ordinance is consistent with the
Comprehensive Plan.
Ordinance No.
Page 2
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. That the following sections of the City's Land Development
Regulations are hereby amended to read as follows:~
(RS1, Residential Single Family District) to add:
703.2.4
AboveRround Storage Tanks. Abqveground Stora,qe Tanks (AST) are
permitted as a conditional use only as an a.ccessory use and only for the
purpose of storing fuel for emergency generators. ASTs must conform to the
following requirements:
(a) Be of 550 .qallons capacity or less,~
(b) Be installed and operated under a valid permit from the Miami-Dade
County Department of Environmental Resources Mana.qement.
(c) Be fully screened by, a masonry or concrete wall with a self-closing and
locking metal door or gate. Such wall shall be landscaped in accordance
with the City's Landscape Code,
(d) Be located in a manner consistent with the site development standards of
the RS! zoning district.
Installation of any AST shall require a building permit from the City. Application
for building permit shall be qccompanied by a site plan indicating the location
of the AST relative to. property lines, the primary structure served by the AST,
any other structures within 300 feet as well as a. landscape plan prepared by a
Florida .licensed architect or landscape architect and other supportin,q
documentation as deemed necessary by the City Manager or designee.
(RS2, Single Family Residential District) to add:
703.3.4 Aboveground StoraRe Tanks, Aboveground Storage Tanks (AST) are
permitted as a conditional use only as, an accessory use and only for the
~ Underlined provisions constitute proposed additions to existing text; =t.-;c~c.-. thm'_'.;h provisions indicate
proposed deletions from existing text.
2
Ordinance No.
Page 3
purpose of storin.q fuel for emer,qency .qenerators. ASTs must conform to the
followin.q requirements:,
(a) Be of 550 ,qallons capacity or less.
(b) Be installed and operated under a valid permit from the Miami-Dade County
Department of Environmental Resources Mana,qement.
(c) Be fully screened by a masonry or concrete wall with a self-closin,q and
Iockin,q metal door or .qate. Such wall shall be landscaped in accordance
with the City's, Landscape Code,
(d) Be located in a manner consistent with the site development standards of
the RS2 zonin.q district.
Installation of any AST shall require a buildin,q permit from the City, Application
for buildin.q permit ,shall be accompanied,by a site plan indicatin,q the location
of the AST relative to property lines, the primary structure served bY the AST,
any other structures within 300 feet as well as a landscape plan prepared by a
Florida licensed architect ,or landscap,e ,,architect and other supDortin~:l
documentation as deemed necessary by the City Mana,qer or desi,qnee.
(RMF3,
703.4.4
Multi-Family Medium Density Residential District) to add:
Above,qround St0ra.qe Tanks. Above,qround Stora.qe Tanks (AST) are
permitted as a conditional use, only as an accessory use and only for ,the
purpose of storin.q fuel for emerRency ,qeneratorS. ASTs must conform to the
followinR requirements:
(a) Be of 550 ,qallons capacity or less.
(b) Be installed and operated under a valid permit from the Miami~Dade
County Department of Environmental, Resources Mana.qement.
(c) Be fully screened by a masonry or concrete wall with a self-closin,q and
Iockin.q metal door or .qate. Such wall shall be landsCaped in accordance
with the City's ,Landscape Code.
(d) Be located in a manner consistent with the site development standards of
the RMF3 zonin,q district.
Installation of any AST shall require a buildin,q permit from the City. Application
for buildin,q permit shall be accompanied by a site plan indicatin,q the location
of the AST relative to property lines, the primary structure served by the AST,
any other structures within 300 feet aSrwell as a landscape plan prepared by a
3
Ordinance No,
Page 4
Florida licensed architect or landscape architect and other supporting
documentation as deemed necessary by the City Manager or designee.
(RMF3A, Multi-Family Medium Density Residential District) to add:
703.5.4
Aboveground Storage Tanks. ,Aboveground Storage Tanks (AS'I') are
permitted as a conditional use only as an accessory use and only for the
purpose of ,storin.q fuel for emergency generators. ASTs must conform to the
following requirements:
(a) Be of 550 gallons capacity or less.
(b) Be installed and operated under a valid permit from the Miami-Dade
County Department of Environmental Resources Management.
(c) Be fully screened by a masonry or concrete wall with a self~closin.q and
locking metal door or gate. Such wall shall be landscaped in accordance
with the City's Landscape Code.
(d) Be located in a manner consistent with the site development standards of
the RMF3A zoning district.
Installation of any AST shall require a buildin.q permit from the City. Application
for building permit shall be accompanied by a site plan indicating the location
of the AST relative to property lines, the primary structure served by the AST,
any other structures wthin 300 feet as well as a landscape plan prepared by a
Florida licensed architect or landscape architect and other supporting
documentation as deemed necessary by the City Manager or designee.
(RMF4, Multi-Family High Density Residential District) to add:
703.6.4 Above,qround Storage Tanks. Above.qround Storage Tanks (AST) are
permitted as a conditional use only as an accessory use and only for the
purpose of storing fuel for emer.qency genera,t0rs. ASTs must conform to the
following requirements:
(a) Be of 550 ,qallons capacity or less.
(b) Be installed and operated under a valid permit from the Miami-Dade
County Department of Environmental Resources Mana,qement.
(c) Be fully screened by a masonry or concrete wall with a self-closing and
locking metal door or gate. Such wall shall be. landscaped in accordance
with the City's Landscape Code.
4
Ordinance No.
Page 5
(d) Be located in a manner consistent with the site development standards of
the RMF4 z0nin,q district.
Installation of any ^ST shall require a buildin.q permit from the City. Application
for buildin.q permit shall be accompanied by a site plan indicatin,q the location
Of the AST relative to property lines, the primary ,structure served by the AST,
any other structures within 300 feet as well as a landscape plan prepared by a
Florida, licensed architect or landscape architect and other supportin,q
documentation as deemed necessary by the City Mana.qer (~r desi,qnee.
(B1, Neighborhood Business District):
704.2.2 Conditional Use. The following uses may be established if first approved as a
Conditional Use:
· Outdoor cafes.
· Residential uses as a combination of permitted business uses and
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.
· AboveRround Storage Tanks. Above,qround Storage Tanks (AST) only
as an accessory use and only for the purpose of storin,q fuel for
emer,qency ,qenerators., ASTs must conform to the following
requirements:
(a) Be of 550 ,qall0ns,capacity or less.
(b) Be installed and operated under a valid permit, from the Miami-
Dade County,, Department of Environmental Resources
Mana,qement.
(c) Be fully screened by a masonry or concrete wall with a, self-
closin,q ,and Iockin.q metal door or ,qate. Such wall shal! be
landscaped in accordance with the City's Landscape Code~
(d) Be located in a manner consistent with the site, development
standards of the B1 zoning district.
(e) Installation of any AST shall require a buildin,q permit from the
City. Application for buildin,q permit shall be accompanied by a
site plan indicatin,q the location of the AST relative to property
lines~ the primary structure served by the AST, any other
structures within 300 feet as well as a landscape plan prepared
by a Florida licensed architect or landscape architect and other
supportin.q documentation as deemed, necessary by the City
Manager or desi,qnee.
5
Ordinance No.
Page 6
(B2, Community Business District) to add:
704.3.6
Above.qround Stora,qe Tanks. Above.qround StoraRe Tanks (AST) are
permitted as an accessory use only ,for the purpose of storin,q fuel for
emerRency .qenerators., Such ASTs ,must conform to the followin,q
requirements:
(a) Be of 550 ,qallons capacity or less.
(b) Be installed and operated under a valid permit from the Miami-Dade County
Department of Environmental Resources Mana.qement.
(c) Be located within a walled service court ,area or be fully screened by a
masonry or concrete wall with, a setf-closin,q,and Iockin.q metal door or .qate.
Such wall shall be landscaped in accordance with the City's Landscape
Code. ASTs located within a service coUrt area must be located atop a
curbed reveal and shall be protected from turnin,q and backin.q trucks with
bollards.
(d) Be located in a manner consistent with the site development standards of
the B2 zonin.q district.
Installation of any AST shall require a buildin.q permit from the City. Application
for buildin,q permit shall, be accompanied by a site plan indicatin,q the location
of the AST relative to property lines, the primary structure served by the AST,
any other structures within 300 feet~ A landscape plan prepared by a Florida
licensed architect or landscape architect and other supportin,q ,documentation
shall be provided if required by the City.
(B3, Heavy Business District) to add:
704.4.7 AbovePlround Stora.qe Tanks. Above,qround Stora,qe Tanks (AST) are
permitted as an accessory use only for the purpose of storin,q fuel for
emer.qency ,qenerators~ Such ASTs must conform, to, the followin.q
requirement,s:
(a) Be of 550 .qallons capacity or less.
(b) Be installed and operated under a valid permit from the Miami-Dade County
Department of Environmental Resources Mana,qement.
(c) Be located within a walled service ,court area or be fully screened by a
masonry or concrete wall with a self-closin,q and Iockin.q metal door or .qate.
Such wall shall be landscaped in accordance with the City's Landscape
Code. ASTs located within a service court area must be located atop a
6
Ordinance No....
Page 7
curbed reveal and shall be protected from turnin.q and backin,q trucks with
bollards,
(d) Be located in a manner consistent with the site development standards of
the B3 zonin.q ,district.
Installation of any ^ST shall require a buildin.q permit from the City. Application
for bu.ildin,q permit shall be accompanied by a site plan indicatin,q the location
of the AST. relative to property lines~ the primary structure serVed, by the AST,
any other structures within 300 feet. A landscape plan prepared by a Florida
licensed architect or landscape architect and other supportin.q documentation
shall be provided if required by the City.
(OP, Office Park District) to add:
704.5.5
AboveRround Stora.qe ,Tanks. Above.qr0und Stora,qe Tanks (AST) are
permitted ,as an accessory use 0nly, for the purpose of storin,q fuel for
emer,qency .qenerators. Such ASTs must conform ,to the followin,q
requirements:
(a) Be of 550 ,qallons capacity or less.
(b) Be installed and operated under a valid permit from the Miami-Dade County
Department of Environmental Resources Mana,qement.
(c) Be located within a walled service court area or be fully screened by a
masonry or concrete wall with a self-c, losin,q and tockin,q metal door or .qate.
Such wall shall be landscaped in accordance with the City's Landscape
Code. ASTs located within a service court area must be located atop a
curbed reveal and shall be protected from turnin,q and backin,q trucks with
bollards.
(d) Be located in a manner consistent with the site development standards of
the OP zonin,q district.
Installation of any AST shall require a buildin.q pe[mit from the City. Application
for buildin,q permit shall be accompanied by a site plan indicatin,q the location
of the. AST relative to property, lines, the primary structure served by the AST,
any other structures within 300 feet. A landscape plan ,.prepared .by a Florida
licensed architect or landscape architect and other supportinR documentation
shall be provided if required by the City.
7
Ordinance No.
Page 8
(MO, Medical Office District) to add:
704.6.6
Above,qround Stora,qe Tanks. Above,qround Stora,qe Tanks, (AST) are
permitted as an accessory use only for the purpose of storin,q fuel for
emer,qency generators. Such ASTs must conform to, the followin,q
requirements;
(a) Be of 550 ,qallons capacity or less.
(b) Be installed and operated under a valid permit from the Miami-Dade County
Department of Environmental Resources Manaf:lement,
(c) Be located within a wailed service court area or be fully screened by a
masonry or concrete walt with a self-closin,q and Iockin,q metal door or ,qate.
Such wall shall be landscaped in accordanc~ with the City's ,Landscape
Code. ASTs located within a service court area must be located atop a
curbed reveal and shall be protected from turnin,q and backin,q ,,trucks with
bollards,
(d) Be located in a manner consistent with the site development standards of
the MO zon,in,q district.
Installation of any AST shall require a, buildinR permit from the City. Application
for buildin,q permit shall be accompanied by a site plan, indicatin,q the,location
of the AST relative to property lines, the primary structure served by the,AST,
any other structures,within 300 feet. A landscape plan prepared by a Florida
licensed architect or landscape architect and other supportin,q documentation
shall be provided if required ,by the City.
(TC1, Town Center District)
705.2.3 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.
· Sale of alcoholic beverages for on-premises consumption except with
meals,
· Uses that exceed the height limitations.
· AboveRround Stora,q~ Tanks. Above.qround S, toraRe Tanks (AST) only
as an accessory use and only for the purpose, of storin,q fuel for
emer,qency ,qenerators. ASTs must, conform to the followinR
requirements:
(a) Be of 550 Rallons capacity or less.
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Ordinance No.
Page 9
(b) Be installed and operated under a valid permit from the Miami-
Dade County Department of Environmental Resources
Manaf:lement.
(c) Be fully screened by a masonry or concrete wall with a self-
closinR and Iockin,q metal door or .qate. Such wall shall be
landscaped in accordance with the City's Landscape Code.
(d) Be located in a manner consistent with the site development
standards of the TCl zoninR district.
(e) Installation of any AST shall require a buildin,q permit from the
City. Application for buildin.q permit shall be accompanied by a
site plan indicatin.q the location of the AST relative to property
lines, the primary structure served by the AST, any other
stru,ctures within 300 feet as well as a landscape plan prepared
by a ,Florida licensed architect or landscape architect and other
supportinR documentation as deemed, necessary by the City
Manager or desi.qnee.
(CF, Community Facilities District)
707.1.2 Conditional Use. The following uses if first approved as a Conditional Use:
Governmentally sponsored or subsidized residential/care facilities for
the aged and/or handicapped, nursing homes, convalescent homes,
and congregate care facilities.
· Hospitals and clinics.
· Non-municipal governmental facilities and buildings.
· Private fraternal, civic, charitable, professional or educational non-
profit organizations.
· Federal post office.
· ALF.
· Above,qround Stora,qe Tanks. Above,qround Stora.qe Tanks (AST) only
as an accessory use and only for the purpose of storin,q fuel for
emer,qency .qenerators. ASTs, must conform to the followin.q
requirements:
(a) Be of 550 gallons capacity or less.
(b) Be installed and operated under a valid permit from, the Miami-
Dade County Department of Environmental Resources
Mana,qement.
(c) Be, fully screened by a masonry or concrete wall with a self-
closin.q and Iockin,q metal door or .qate,. Such wall shall be
landscaped in accordance with the City's Landscape Code.
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Ordinance No.
Page 10
(d)
(e)
Be located in a manner consistent, with the site development
standards of the CF zonin.q district.
Installation of any AST shall require a building permit from the
City. Application for building permit shall be accompanied by a
site plan indicating the location of the AST relative to property
lines, the primary structure served by the AST, any other
structures within 300 feet as well as a landscape plan prepared
by a Florida licensed architect or landscape architect and other
supportin.q documentation as deemed necessary by the .City
Manager or designee.
(ROS, Recreation/Open Space District) to add:
708.1.4 Aboveground Stora,qe Tanks. Aboveground Storage Tanks (AST) are
permitted as a conditional use only as an accessory use and, only for the
purpose of storinR fuel for emergency generators. ASTs must conform to the
following requirements:
(a) Be of 550 gallons capacity or less.
(b) Be installed and operated, under a valid Permit from the Miami-Dade County
Department of Environmental Resources Manageme.nt.
(c) Be fully screened by a masonry or concrete wall with a self-closing and
locking metal door or gate. Such wall shall be landscaped in accordance
with the City's Landscape Code.
(d) Be located in a manner consistent with the site development standards of
the ROS.zonin.q district~
Installation of any AST shall require a building permit from the City. Application
for buildin,q permit shall be accompanied by a site plan indicating the location
of the AST relative to property lines, the primary structure served by the AST,
any other structures within 300 feet as well as a landscape plan prepared by a
Florida licensed architect or .landscape architect and other supporting
documentation as ,deemed necessary by the City Manager or desiRnee.
(U, Utilities District) to add:
709,1.4 Aboveground Storage Tanks. AboveRreund ,Storage Tanks (AST) are
permitted as an accessory use only for the purpose of storing fuel for
emer,qency generators, Such ASTs must conform to the following
requirements:
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Ordinance No.
Page 11
(a) Be of 550 gallons capacity or less.
(b) Be installed and operated under a valid permit from the Miami-Dade County
Department of Environmental Resources Management.
(C) Be located within a walled service court area or be fully screened by a
masonry or concrete wall with a self-closing and locking metal door or gate.
Such wall shall be landscaped in accordance with the City's Landscape
Code. ASTs located within a service court area must be located atop a
curbed reveal and shall be protected from turning and backing trucks with
bollards.
(d) Be located in a manner consistent with the site development standards of
the U zoning district.
Installation of any AST shall require a buildin,q permit from the City. Application
for building permit shall be accompanied, by a site plan indicating the location
of the AST relative to property lines, the primary structure served by the AST,
any other structures within 300 feet. A landscape plan prepared by a Florida
iicensed architect or landscape architect and other supporting documentation
shall be provided if required by the City.
Section 2. Severability. The provisions of the Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases of this Ordinance
but they shall remain in effect, it being the legislative intent that this Ordinance shall
stand notwithstanding the invalidity of any part.
Section, 3. , Inclusion in the Code. It is the intention of the City
Commission, and it is hereby ordained that the provisions of this Ordinance shall
become and made a part of the Code of the City of Aventura; that the sections of this
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Ordinance No.
Page 12
Ordinance may be re-numbered or re-lettered to accomplish such intentions; and that
the word "Ordinance" shall be changed to "Section" or other appropriate word.
Section 4. Effective Date. This Ordinance shall be effective immediately
upon adoption on second reading.
The foregoing Ordinance was offered by Commissioner
who moved its adoption on first reading. This motion was seconded by
Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
The foregoing Ordinance was offered by Commissioner , , who
moved its adoption on second reading. This motion was seconded by Commissioner
,, and upon being put to a vote, the vote was as follows:
Commissioner Jay R, Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor ^rthur Berger
Mayor Arthur I. Snyder
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Ordinance No.
Page 13
PASSED AND ADOPTED on first reading this 7th day of March, 2000.
PASSED AND ADOPTED on second reading this 4th day of April, 2000.
ARTHURI. SNYDER, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
13