2009-19ORDINANCE NO. 2009-19
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING CHAPTER 31 "LAND DEVELOPMENT
REGULATIONS" OF THE CITY CODE TO IMPLEMENT
GREEN BUILDING INCENTIVES PROPOSED BY ARTICLE
VI. "GREEN BUILDING PROGRAM" OF CHAPTER 14,
"BUILDINGS AND BUILDING REGULATIONS" OF THE
CITY CODE; 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 implement green building incentives proposed by Article
VI. "Green Building Program" of Chapter 14, "Buildings and Building Regulations" of the
City Code; 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 31-76(J) Administrative Variances, is hereby added to the
Land Development Regulations to read as follows':
"Sec. 31-76. Variances.
J Administrative Variances for Green Buildina Program An administrative variance to
allow orientation of the buildin to take full advanta a of available natural resources
including yard setbacks, landscape buffers driveways and/or architectural design
Underlined provisions constitute proposed additions to existing LDR text; rovisions
indicate proposed deletions from existing LDR text. p
Ordinance No. 2009 -19
Page 2
suostantial evid
have been met:
(~) that the buildir
Gold certification or L
of the Cit Code• and
n
n
r
-- -- • -• •••• • ~~ ~~,~ ~a~ ~a~ ~~C win not Qe aetnmental to the ublic welfare or
in~urious to other property or improvements in the vicinity and
~3) that the proposed variance will not substantially increase the congestion in the
public streets or increase the danger of fire or endanaer public safety or substantially
diminish or im air ro ert values within the vrcinit .
Section 2. Section 31-143. Residential Zoning Districts of the Land
Development Regulations is hereby amended as follows:
"Sec. 31-143. Residential Zoning Districts.
(b) Residential Single Family Districts. (RS1). The following regulations shall apply
to all RS1 Districts.
(2a) Conditional uses. The following uses may be established if first approved as a
conditional use:
a. All uses permitted in the CF District.
b. For buildings that attain LEED® Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code increased lot coverage provided that a
green roof and/or preen rooftop amenities are provided and maintained for the
common benefit of buildin occu ants• and• that increased Florida-friend) tree
cano and Florida-friend) lantin s desi ned to calm the heat island effect are
located on site all in an amount a ual to the re uested increased lot covera e.
(c) Single Family Residential Districts (RS2). The following regulations shall apply
to all RS2 Districts.
(2a) Conditional uses. The following uses may be established if first approved as a
conditional use:
a. All uses permitted in the CF District.
Ordinance No. 2009 -19
Page 3
b. For buildings that attain LEED® Gold or Platinum certification as provided in
Article VI. of Cha ter 14 of the Cit Code increased lot covers a rovided that a
green roof and/or preen rooftop amenities are provided and maintained for the
common benefit of buildm occu ants• and' that increased Florida-friend) tree
cano and Florida-friend) lantin s desi ned to calm the heat island effect are
located on site all in an amount a ual to the re uested increased tot covers e.
(d) Multifamily Medium Density Residential Districts (RMF3). The following
regulations shall apply to all RMF3 Districts.
(2a) Conditional uses. The following uses may be established if first approved as a
conditional use:
a. All uses permitted in the CF District.
b. For buildings that attain LEED® Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code increased lot coverage provided that a
green roof and/or preen rooftop amenities are provided and maintained for the
common benefit of buildmg occupants• and• that increased Florida friendly tree
cano and Florida-friend) lantin s desi ned to calm the heat island effect are
located on site all in an amount a ual to the re uested increased lot covers e.
c. For buildings that attain LEED® Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code increased floor area ratio
(e) Multifamily Medium Density Residential Districts (RMF3A). The following regulations
shall apply to all RMF3A Districts.
(2a) Conditional uses. The following uses may be established if first approved as a
conditional use:
a. All uses permitted in the CF District.
b. For buildings that attain LEED® Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code increased lot coverage provided that a
reen roof and/or green rooftop amenities are provided and maintained for the
common benefit of buildin occu ants• and• that increased Florida-friend) tree
canopy and Florida-friendly plantings designed to calm the heat island effect are
located on site all in an amount equal to the requested increased tot coverage.
Ordinance No. 2009 -19
Page 4
c. For buildings that attain LEED® Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code increased floor area ratio
(f) Mu/tifami/y High Density Residential Districts (RMF4). The following regulations
shall apply to all RMF4 Districts.
(2a) Conditional uses. The following uses may be established if first approved as a
conditional use:
a. All uses permitted in the CF District.
b. Uses that exceed the height limitation to a maximum of 30 stories or 300 feet, or
to a maximum height of 35 stories or 350 feet for any property which was
granted a waiver pursuant to Section 3 of Ordinance 2005-07.
c. Uses that exceed the density limitation, to a maximum of 60 dwelling units per
gross acre.
d. For buildings that attain LEED® Gold or Platinum certification as provided in
Article VI. of Cha ter 14 of the Cit Code increased lot covera a rovided that a
green roof and/or preen rooftop amenities are provided and maintained for the
common benefit of buildin occu ants• and' that increased Florida-friend) tree
canopy and Florida-friendly plantings designed to calm the heat island effect are
located on site, all in an amount eaual to the reauested increased lot coverage.
e. For buildings that attain LEED® Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code increased floor area ratio
(g) Multifamily Medium Density Residential District (RMF38). The following regulations
shall apply to all RMF3B Districts:
(3) Conditional uses. The following uses may be established if first approved as a
conditional use:
a. Uses that exceed the height limitations, but in no event shall uses exceed seven
stories or 90 feet in height.
b. All uses permitted in the CF District.
c. For buildinas that attain LEED® Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code increased lot coverage provided that a
green roof and/or preen rooftop amenities are provided and maintained for the
Ordinance No. 2009 -19
Page 5
common benefit of buildin occu ants' and' that increased Florida-friend) tree
cano and Florida-friend) lantin s desi ned to calm the heat island effect are
located on site all in an amount a ual to the re uested increasPri i~t ~.,"o~~rye
d. For buildings that attain LEED® Gold or Platinum certification as
Article VI. of Chapter 14 of the City Code increased floor area ratio
Section 3. Section 31-144. Business Zoning Districts of the Land Development
Regulations is hereby amended as follows:
"Sec. 31-144. Business Zoning Districts.
(b) Neighborhood Business (B1) District. This district is intended to provide primarily
for retail sales and services to a surrounding neighborhood. Retail sales permitted
therein are intended to include primarily convenience goods which are usually a daily
necessity for a residential neighborhood. The district is appropriate for location on a
collector or an arterial roadway.
(2) Conditional use. The following uses may be established if first approved as a
conditional use:
g. For buildings that attain LEED® Gold or Platinum certification as provided in
Article VI. of Cha ter 14 of the Cit Code increased lot covera a rovided that a
green roof and/or preen rooftop amenities are provided and maintained for the
common benefit of buildin occu ants and• that increased Florida-friend) tree
canopy and Florida-friendly plantings designed to calm the heat island effect are
located on site all m an amount a ual to the re uested increased lot covera e.
h. For buildings that attain LEED® Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code increased floor area ratio not to exceed a
floor area ratio of 2 0
(c) Community Business (82) District. This district is intended primarily to provide for
general commercial activity for a wide range of goods and services to the entire
community and sub region. Such businesses generally require locations convenient for
both vehicular and pedestrian traffic and would be expected to have orientation toward
and direct access to arterial roadways.
(2) Conditional use. The following uses if first approved as a conditional use:
I. For buildings that attain LEED® Gold or Platinum certification as provided in
Ordinance No. 2009 -19
Page 6
Article VI. of Cha ter 14 of the Cit Code increased lot covera a rovided that a
green roof and/or areen rooftop amenities are provided and maintained for the
common benefit of buildin occu ants• and' that increased Florida-friend) tree
cano and Florida-friend) lantin s desi ned to calm the heat island effect are
located on site all in an amount a ual to the re uested increased lot covera e.
m. For buildings that attain LEED® Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code increased floor area ratio not to exceed a
floor area ratio of 2 0
(d) Heavy Business (83) District. This district is intended to provide locations for
planned commercial centers, sharing a common identity, parking and other support
facilities developed according to an overall development plan; and for a wide range of
goods and services to serve a market beyond the community itself. Such commercial
concentrations are expected to draw substantial patronage from outside areas and are
not expected to serve the convenience needs of local residents. As such, these
centers should be oriented towards, and have direct access to arterial roadways,
particularly major arterials.
(2) Conditional use. The following uses may be established if first approved as a
conditional use:
g. For buildings that attain LEED® Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code increased lot coverage provided that a
green roof and/or preen rooftop amenities are provided and maintained for the
common benefit of buildin occu ants• and• that increased Florida-friend) tree
canopy and Florida-friendly plantings designed to calm the heat island effect are
located on site all in an amount a uat to the re uested increased lot covera e.
h. For buildings that attain LEED® Gotd or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code increased floor area ratio not to exceed a
floor area ratio of 2 0
(e) Office Park (OP) District. This district is intended to provide for high-quality, semi-
professional and professional offices in a campus setting reflecting creative design
and environmentally compatible use of space and perimeter buffer areas. This
zoning district may be applied to land designated Business and Office and Industrial
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 and Industrial and Office category permitted uses.
(2) Conditional use. The following uses if first approved as a conditional use:
Ordinance No. 2009 -19
Page 7
h. For buildings that attain LEED® Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code increased lot coveraae provided that a
preen roof and/or preen rooftop amenities are provided and maintained for the
common benefit of buildin occu ants and' that increased Florida-friend) tree
canopy and Florida-friendly plantings designed to calm the heat island effect are
located on site all in an amount a ual to the re uested increased lot covera e.
i. For buildings that attain LEED® Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code increased floor area ratio not to exceed a
floor area ratio of 2 0
(f) Medical Office (MO) District. This district is intended to provide for medical offices
and other uses supporting the medical profession 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.
(2) Conditional use. The following uses if first approved as a conditional use:
i. For buildings that attain LEED® Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code increased lot coverage provided that a
reen roof and/or preen rooftop amenities are provided and maintained for the
common benefit of building occupants and' that increased Florida friendly tree
canopy and Florida-friendly plantings designed to calm the heat island effect are
located on site all in an amount equal to the requested increased lot coveraae.
k. For buildings that attain LEED® Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code increased floor area ratio not to exceed a
floor area ratio of 2.0.
Section 4. Section 31-145. Town Center Zoning Districts of the Land
Development Regulations is hereby amended as follows:
"Sec. 31-145. Town Center Zoning Districts.
(b) Town Center District (TC1). The following regulations shall apply to all TC1
Districts:
(3) Conditional uses permitted. The following uses may be established if first approved
Ordinance No. 2009 -19
Page 8
as a conditional use:
n. For buildin s that attain LEED® Gold or Platinum certification as rovided in
Article VI. of Cha ter 14 of the Cit Code increased lot covera a rovided that a
green roof and/or preen rooftop amenities are provided and maintained for the
common benefit of buildin occu ants and• that increased Florida-friend) tree
cano and Florida-friend) lantin s desi ned to calm the heat island effect are
located on site all in an amount a ual to the re uested increased lot covera e.
o. For buildings that attain LEED® Gold or Platinum certification as provided in
Article VI. of Cha ter 14 of the Cit Code increased floor area ratio not to exceed a
floor area ratio of 2 0
(c) Town Center Marine District (TC2). The following regulations shalt apply to all TC2
districts.
(4) Conditions/ uses permitted. The following uses may be established if first approved
as a conditional use:
p. For buildings that attain LEED® Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code increased lot coverage provided that a
green roof and/or preen rooftop amenities are provided and maintained for the
common benefit of buildin occu ants' and• that increased Florida-friend) tree
cano and Florida-friend) lantin s desi ned to calm the heat island effect are
located on site all in an amount a ual to the re uested increased lot covera e.
q. For buildings that attain LEED® Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code increased floor area ratio not to exceed a
floor area ratio of 2 0
Section 5. Article IX. of the City Code, Chapter 31, Sign Regulations of the Land
Development Regulations is hereby amended as follows:
"Sec. 31-191. Sign regulations generally.
(e) Other signs/no permit required. The following signs may be placed without the filing
of an application for the issuance of a permit or the payment of a fee, but shall, unless
otherwise exempted, be subject to all other regulations set forth in this section. The
foregoing exemption from filing shall not be construed to waive the other provisions of
this section or the structural requirements outlined in this section and/or the Se~tl~
Florida Building Code, as may be amended from time to time.
Ordinance No. 2009 -19
Page 9
(11) A metal plaque not to exceed two (2) sauare feet in area designating the building
as LEED® certified under the Citv of Aventura Green Buildin
P
VI. Cha ter 14 of the Cit
Code. g
rogram set out in Article
(h) Temporary Signs. The following temporary signs are authorized in the City:
(3) Construction Sign:
Residential District Non-Residential District
Approvals necessary: City Manager City Manager
Number (maximum): One per lot One per lot
Sign Area (maximum): 32 square feet 32 square feet
Sign Height (maximum): Four feet Four feet
Setback (minimum): Six feet from property line Six feet from property line
not in right of way or sight not in right of way or sight
visibility triangle visibility triangle
Length of Display: Permitted fora 12 month Permitted fora 12 month
period from date of build- period from date of build-
ing permit issuance or un- ing permit issuance or un-
til construction completed til construction completed
Other Restrictions: Sign copy may include Sign copy may include
only: (i) project name; only (i) project name;
(ii)nature of development; (ii)nature of development;
(iii)general contractor; (iii)general contractor;
(iv)architect; (v) lending (iv)architect; (v) lending
Institution; (vi) owner or institution; (vi) owner or
agent; a~ (vii) phone agent; a~ (vii) phone
number.-_and (viii) Green number.-_and (viii) Green Building
Building Program Program participation if
participation, if applicable. Applicable.
Section 6. 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 7. 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
Ordinance No. 2009 -19
Page 10
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 8. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Commissioner Joel, who moved its
adoption on first reading. This motion was seconded by Commissioner Stern, and upon
being put to a vote, the vote was as follows:
Commissioner Zev Auerbach no
Commissioner Bob Diamond yes
Commissioner Luz Urbaez Weinberg yes
Commissioner Billy Joel yes
Commissioner Michael Stern yes
Vice Mayor Teri Holzberg yes
Mayor Susan Gottlieb yes
The foregoing Ordinance was offered by Commissioner Joel, who moved its
adoption on second reading. This motion was seconded by Commissioner Weinberg,
and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach no
Commissioner Bob Diamond yes
Commissioner Luz Urbaez Weinberg yes
Commissioner Billy Joel yes
Commissioner Michael Stern yes
Vice Mayor Teri Holzberg yes
Mayor Susan Gottlieb yes
PASSED on first reading this 1St day of September, 2009.
Ordinance No. 2009 - ~ g
Page 11
PASSED AND ADOPTED on second reading this 6th day of October, 2009.
usan Gottlieb, AYOR
ATTEt~f: n
.SA M. ;
CLERK
APPROVED AS TO LE AL SUF IENCY:
CITY ATTORNEY
This dinance wa din he Office of the City Clerk this 1~~day of Ot~ob~~ , 2009.
I CLERK