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05-06-2003Jeffrey M. Perlow, Mayor Zev Auerbach Jay R. Beskin Ken Cohen Bob Diamond Manny Grossman Harry Holzberg Eric M. Soroka Teresa M. Soroka, CMC ~/~Attomey Weiss Serota Helfman Pastoriza & Guedes LOCAL PLANNING AGENCY AGENDA MAY 6, 2003 - 6 PM 19200 West Country Club Drive Aventura, Florida 33180 CALL TO ORDER~ROLL CALL 9. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES: March 11, 2003 LPA Hearing PUBLIC HEARING: MOTION RECOMMENDING ADOPTION OF THE FOLLOWING ORDINANCE: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING SECTION 31-143(g) 'MULTIFAMILY MEDIUM DENSITY RESIDENTIAL DISTRICTS (RMF3B)" OF THE CITY'S LAND DEVELOMENT REGULATIONS TO PROVIDE OPPORTUNITY FOR ~IGHT BONUSES, TRANSFER OF DENSITIES AND LOT COVERAGE CREDIT WHERE DEDICATIONS FOR CERTAIN PUBLIC LANDS ARE PROVIDED; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR EFFECTIVE DATE. 5. ADJOURNMENT. This meeting 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 Office of the City Clerk, 305-466-8901, not later than two days prior to such proceeding. Anyone wishing to appeal any decision made by the City of Aventura Local Planning Agency with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 19200 West Country Club Drive, Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466-8901. One or more members of the City of Aventura Advisory Boards may also be in attendance. MINUTES Government Center LOCAL PLANNING AGENCY 19200 W. Country Club Ddve MEETING Aventura, Flodda 33180 MARCH 11, 2003 6 PM 1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by Mayor Jeffrey M. Perlow. Present were Commissioners Arthur Berger, Jay R. Beskin, Ken Cohen, Manny Grossman, Patricia Rogers-Libert, Vice Mayor Harry Holzberg, Mayor Perlow, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka, and City Attorney David M. Wolpin. As a quorum was determined to be 3resent, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Julie Israel led the pledge of allegiance. 3. APPROVAL OF MINUTES: A motion to approve the minutes of the November 12, 2002 LPA Hearing was offered by Commissioner Rogers-Libert seconded by Vice Mayor Holzberg and unanimously passed. 4. PUBLIC HEARING: MOTION RECOMMENDING ADOPTION OF THE FOLLOWING ORDINANCE: Mr. Woipin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING SECTION 31-191(g)(2) OF THE CITY'S LAND DEVELOPMENT REGULATIONS REGARDING WALL SIGNS ON OFFICE AND HOTEL BUILDINGS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR EFFECTIVE DATE. A motion to recommend adoption of the ordinance was offered by Commissioner Rogers-Libert and seconded by Commissioner Cohen. Joanne Carr, Planning Director, addressed the Commission. Mayor Perlow opened the public hearing. There being no speakers, the public hearing was closed. The motion passed unanimously by roll call vote. ADJOURNMENT. There being no further business to come before the Local Planning Agency, the meeting adjourned at 6:10 p.m. Approved by the LPA on Teresa M. Soroka, CMC, City Clerk CITY OF AVENTURA TO: FROM: BY: DATE: SUBJECT: COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM City Commission ,,~ Eric M. Soroka, IC~A'SCM~ City Manager ('%7--.~ ~ Joanne Carr, AlOFt.////"----' Planning Director ~ ~ April 22, 2003 Amendment to Section 31-143(g) of the City's Land Development Regulations to provide opportunity for height bonuses, transfer of densities and lot coverage credit where dedications for certain public lands are provided (03-LDR-03) May 6, 2003 Local Planning Agency Agenda Item May 6, 2003 City Commission Meeting Agenda Item June 3, 2003 City Commission Meeting Agenda Item __ RECOMMENDATION It is recommended that the City Commission approve the amendment to Section 31- 143(g) of the City's Land Development Regulations to provide for height bonuses, transfer of densities and credit for lot coverage as a conditional use in the RMF3B zoning district where dedications for certain public lands are provided. THE REQUEST City staff is requesting an amendment to Section 31-143(g) of the City's Land Development Regulations to provide for height bonuses, transfer of densities and credit for lot coverage as a conditional use in the RMF3B zoning district where dedications for certain public lands are provided. BACKGROUND/DESCRIPTION At its workshop meeting of March 27, 2003, the City Commission considered a memorandum from the City Manager relating to a request from a property owner on NE 188 Street about the possibility of dedicating land to the City in exchange for granting height concessions in the RMF3B zone to eleven stories. The memorandum suggested that an incentive program could be included in the Land Development Regulations, whereby property owners who dedicated land to the City could receive, as a conditional use approval, additional height to eleven stories and the density (dwelling units per acre) from the land dedicated could be transferred to the parcel that receives the conditional use approval. This is similar to the incentive program approved by Ordinance No 2002-05 that allows property owners to increase the height of buildings from four to seven stories if a public promenade along the waterfront is provided as part of the development. It was the consensus of the City Commission to proceed with the land dedication incentive program through preparation of an ordinance amending the land development regulations for consideration at the May 6, 2003 Commission meeting. The proposed ordinance amending the Multifamily Medium Density Residential (RMF3B) District is appended to this report. In addition to the height bonus and transfer of density, the property owner has requested that a credit be given to the parcel that receives the conditional use approval for additional lot coverage based on the area of the parcel dedicated to the City. This provision has been included in the ordinance. The ordinance provides that the height bonus to eleven stories be considered as a conditional use and that the application be subject to the conditional use requirements of Section 31-73 of the City Code. It further specifies: (i) (ii) (iii) (iv) (v) (vi) that the land to be dedicated to the City be a minimum of 1.5 acres in size that, at the discretion of the City Commission, the density otherwise available on the land to be dedicated may be transferred and credit for lot coverage from the dedicated land may be granted, in whole or in part, to the parcel(s) that receive conditional use approval. that the m!nimum open space under this incentive program will increase from 35 percent to 40 percent of the lot area. that if multiple owners propose to dedicate the same land to receive the bonuses allowable, the properties must be adjacent, on the same side of the street and bound by a Declaration of Restrictive Covenant in Lieu of Unity of Title. that there shall be no maximum floor area ratio. that the City Commission may approve, as part of the conditional use approval, architectural design standards other than the Mediterranean design features currently required in this zoning district. ANALYSIS Standards for reviewing proposed amendments to the text of the LDR: 1. The proposed amendment is legally required. The proposed amendment is legally required to enact the opportunity for height bonuses, transferof densities and credit for lot coverage in the RMF3B zoning district where dedication for certain public lands is provided. goals and objectives of the 2. The proposed amendment is consistent with the Comprehensive Plan. The proposed amendments are consistent with the goals and objectives of the Comprehensive Plan. 3. The proposed amendment is consistent with the authority and purpose of the LDR. The proposed amendments are consistent with the authority and purpose of the Land Development Regulations. 4. The proposed amendment furthers the orderly development of the City. The proposed amendments further the orderly development of the City. 5. The proposed amendment improves the administration or execution of the development process. The proposed amendments improve the administration or execution of the development process in that it provides for height bonuses, transfer of densities and credit for lot coverage as a conditional use where dedications for certain public lands are made. Description/Background of Proposed Amendments: 1. Section 31-143(g) of the City's Land Development Regulations is hereby amended to add paragraph (9) as follows~: (g) Multifamily Medium Density Residential District (RMF3B) (9) Bonus heiqht provisions. If the applicant for a development permit under this section 31-143(.q) proposes to dedicate land to the City for educational, recreational or cultural municipal purposes, which land is acceptable to the City Commission, the City Commission may ~ Underlined provisions constitute proposed additions to existing text; ~ provisions indicate proposed deletions from existing text. 3 approve a bonus heiqht for any multifamily buildinq not to exceed a maximum of eleven stories or 135 feet, subiect to the provisions hereof. Where the Commission approves such bonus hei.qht, the followinq standards shall apply: a. The development permit shall be considered a conditional use and the application shall be subiect to the conditional use requirements of Section 31-73. b. The minimum size of the dedicated land shall be 1.5 acres. At the discretion of the City Commission, the density otherwise available on the land to be dedicated may be transferred, and credit for acreaqe in the dedicated land in the calculation of the lot coverage otherwise required may be granted, in whole or in part, to (1) the parcel that receives the conditional use approval or (2) any adjacent property that is located on the same side of the street as the applicant and that is bound to the applicant's site by a declaration of restrictive covenant entered into between the properties. The restrictive covenant shall be made part of the conditional use approval, shall be in a form acceptable to the City Attorney, and shall be filed at the applicant's expense in the public records of Miami-Dade County. If multiple property owners propose to dedicate the same land to receive the heiqht bonus allowable pursuant to this section 31-143(.q), then each property owner shall apply for conditional use approval and meet the criteria of this section. Multiple property owners may be eligible for such approvals only if they own adiacent properties located on the same side of the street; and the properties must be bound by a declaration of restrictive covenant, made part of each conditional use approval, in a form acceptable to the City Attorney, and filed at the owners' expense in the public records of Miami-Dade County. The form of the conveyance shall be approved by the City Attorney. Minimum open space shall be 40 percent of the total lot area. Any structure parkinq serving the primary use on the site shall be incorporated into the buildinq envelope and shall be compatibly designed. Such parking structure shall comply with all minimum setback and buffer yard requirements and shall be counted in computin.q buildinq heiqht. There shall be no maximum floor area ratio. As part of the conditional use approval, the City Commission may approve architectural desiqn standards other than the Mediterranean desiqn features required under Section 31- 143(a)¢6)a. of the Land Development Requlations. All other provisions of the Land Development Regulations shall apply. 4 ORDINANCE NO. 2003- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING SECTION 31-143(g) "MULTIFABILY MEDIUM DENSITY RESIDENTIAL DISTRICTS (RMF3B)" OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO PROVIDE OPPORTUNITY FOR HEIGHT BONUSES, TRANSFER OF DENSITIES AND LOT COVERAGE CREDIT WHERE DEDICATIONS FOR CERTAIN PUBLIC LANDS ARE PROVIDED; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura is desirous of amending the City's Land Development Regulations to provide incentives for the dedication of land for public educational, recreational or cultural municipal purposes in the appropriate circumstances in Multifamily Medium Density Residential Districts; and WHEREAS, the City Commission has determined that the ability to obtain height bonuses, transfer of densities and lot coverage credits is an appropriate incentive for these purposes; and WHEREAS, the City Commission has been designated as the Local Planning Agency for the City pursuant to Section 163.3174, Florida Statutes; and WHEREAS, the Local Planning Agency has reviewed the proposed amendments pursuant to the required public hearing and has recommended approval to the City Commission; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with law; and WHEREAS, the City Commission has reviewed the action set forth in this Ordinance and has determined that such action is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Section 31-143(g) of the City's Land Development Regulations is hereby amended to add paragraph (g) as follows~: (g) Multifamily Medium Density Residential Districts (RMF3B). (9) Bonus height provisions. If the applicant for a development permit under this section 31-143(.q} proposes to dedicate land to the City for educational, recreational or cultural municipal purposes, which land is acceptable to the City Commission, the City Commission may approve a bonus height for any multifamily building not to exceed a maximum of eleven stories or 135 feet, subject to the provisions hereof. Where the Commission approves such bonus height, the following standards shall apply: a. The development permit shall be considered a conditional use and the application shall be subject to the conditional use requirements of Section 31-73. b. The minimum size of the dedicated land shall be 1.5 acres. At the discretion of the City Commission, the density otherwise available on the land to be dedicated may be transferred, and credit for acreaqe in the dedicated land in the calculation of the lot coveraqe otherwise required may be granted, in whole or in part, to (1)the parcel that receives the conditional use approval or (2) any adiacent property that is located on the same side of the street as the applicant and that is bound to the applicant's site by a declaration of restrictive covenant entered into between the properties. The restrictive covenant shall be made part of the conditional use approval, shall be in a form acceptable to the City Attorney, and shall be filed at the applicant's expense in the public records of Miami-Dade County. If multiple property owners propose to dedicate the same land to receive the hei.qht bonus allowable pursuant to this section 31-143(.q), then each property owner shall apply for conditional use approval and meet the criteria of this section. Multiple property owners may be eliqible for such approvals only if they own adiacent properties located on the same side of the street; and the properties must be bound by a declaration of restrictive covenant, made part of each conditional use approval, in a form acceptable to the City Attorney, and filed at the owners' expense in the public records of Miami-Dade County. The form of the conveyance shall be approved by the City ] Underlined provisions constitute proposed additions to existing text; ctr!ckc,", *.,hrc"Gh provisions indicate proposed deletions from existing text, Attorney. f. Minimum open space shall be 40 percent of the total lot area. g. Any structure parkin.q servin.q the primary use on the site shall be incorporated into the buildinq envelope and shall be compatibly desi.qned. Such parkin.q structure shall comply with all minimum setback and buffer yard requirements and shall be counted in computin.q buildinq heiqht. h. There shall be no maximum floor area ratio. i. As part of the conditional use approval, the City Commission may approve architectural desi,qn standards other than the Mediterranean desiqn features required under Section 31- 143{,q){6)a. of the Land Development Requlations. All other provisions of the Land Development Requlations shall apply. Section 2. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 3. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Aventura; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 4. Effective Date. This Ordinance shall be effective 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 Zev Auerbach Commissioner Jay IR. Beskin Commissioner Ken Cohen Commissioner Bob Diamond Commissioner Harry Holzberg Vice Mayor Manny Grossman Mayor Jeffrey M. Perlow he 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 Zev Auerbach Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Bob Diamond Commissioner Harry Holzberg Vice Mayor Manny Grossman Mayor Jeffrey M. Perlow PASSED on first reading this 6th day of May, 2003. PASSED AND ADOPTED on second reading this 3~ day of June, 2003. ATTEST: JEFFREY M. PERLOW, MAYOR TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Ordinance was filed in the Office of the City Clerk this__ day of June, 2003. CITY CLERK Published Daily MIAMI, FLORIDA STATE OF FLORIDA COUNTY OF DADE Before the undersigned authority personally appeared: FRANK TOMASINO Who on oath that he is ADVERTISING OFFICE MANAGER Of the Miami Herald Publishing Company, a daily newspaper at Miami in Dade county, Florida; that the advertisement for City Of Aventura was published in said newspaper in the issue of: Friday, April 25th, 2003; The Miami Herald; Page 8B. Affiant further says that the said Miami Herald is a newspaper published at Miami, in the said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade, County. Florida, each day and has been entered as second class mail matter at the post office in Miami, in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement. FRANK TOMA$INO Sworn to and subscribed before me This ~ day of Lisa Ann Hernandez A.D. 2003 900 West 49th Street, Suite 500, Hialeah, Florida 33012 li~Jli'lillill'i'l~i~ ~ CITY OF AVENTURA NOTICE OF HEARING OF LOCAL PLANNING AGENCY AND NOTICE OF AMENDMENT OF CITiC'S :LAND DEVELOPM[NT?EGULATIONS' Public Notice is hereby given thai the AveEtura City Commission, sitting as the City 9fAventura Local Planmng Agency, will meet m a pubhc heanhg on Tuesday, May 6, 2003 at 6:00 pm to consider adopti0n of the 'following Ordinance: ' AN ORDINANCE OF THE CITY OF AMENDING SECTION 31-143(g) 'MULTIFAMILY MEDIUM DENSITY RESIDENTIAI~ DISTRICTS (RMF3B)" OF THE CITY'S LAND DEVELOMENT REGULATIONS · oPPORTUNITY FOR HEIGHT BONUSES, TRANSFER OF' DENSITIES AND~ LOT COVERAGE CREDIT WHERE DEDICATIONS FOR CERTAIN P}tOVmED; ~'I~OWDi~ ~OR INCI~tJSION IN THE CODE; eROVIDIN~ ~O~ EnZECTrVE DATE. Immediately. following the Local Planning Agency meeting, the City' Commission of the City of Aventura, as the governing body, will. consider at~ a public hearing, as fn:st reading, adoption of th6 above described Ordinance. The above described Public.He,acing will be held commencing at 6:00,pm on Tuesday, May 6, 2003, at City of Aventura Gogemment Center, 19~00 West Country Clui~'Drive Aventurn Florida; 33180. The prop0se~l Ordin~n~emay be inspected by the public:at the office of the City Clerk at thee,3,,Aventura Government Center. Interested parties may apPear at the.Publi~ He~g and be heard with respect to the proposed Ordinance. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations 'tp participate-in this proceeding because of that disability should contact the Office of th~ City Clerk, (30,5) 466-8901, no~ later than two business days prior to such proceedings. If a'person decides to appeal any decision made bythe Cit~ Commission. as Local Planning Agenc, y or as' the governing body, with respect to any matter considered at a:meetmg or'hearing, that pe3son will need a record of the proceedings and, for such purpose, may need to ensure that ~. verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be rased. ' ' CM~ Cit~ Clerk Teresa M. Soroka,