2010-08ORDINANCE NO. 2010-08
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, AMENDING SECTION 31-145(b) "TOWN
CENTER DISTRICT (TC1)" OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO REVISE THE LIST
OF PERMITTED USES IN THE DISTRICT; 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 permit additional permitted uses in the TC1 zoning district;
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 amendment
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 the
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 31-145 (b), "Town Center District (TC1)" of the Land Development
Regulations is hereby amended as follows':
(b) Town Center District (TC1). The following regulations shall apply to all TC1
Districts:...
(1) Uses Permitted. No building or structure, or part thereof, shall be erected, altered or
used, or land used in whole or part for other than one or more of the following
specific uses, provided the requirements set forth elsewhere in this section are
satisfied:
Underlined provisions constitute proposed additions to existing text; text without underline or strike-
through constitute existing text.
Ordinance No. 2010-08
Page 2
a. Mixed-use structures. For the purposes of this subsection, mixed-use buildings or
structures are those combining residential dwelling units conforming generally with
the intent of the RMF3, Multi-Family Medium Density Residential District, with
office and/or retail commercial uses allowed in the B1, Neighborhood Business
District, where the ratio of total square feet dedicated to residential and non-
residential uses is between 3:1 and 1:3.
b Bookstores limited to 25 000 square feet in total floor area and limited to one
bookstore per center.
c Dancing theater language art or tutoring academies limited to 5,000 square feet
of total floor area.
d Furniture stores limited to 10 000 square feet of total floor area and limited to two
~2) furniture stores per center.
e Grocery stores limited to 50 000 square feet of total floor area, limited to one (1)
grocery store per center.
f Health and exercise clubs limited to 10,000 square feet of total floor area, limited to
one (1) health and exercise club per center.
g Department stores limited to 50 000 square feet of total floor area and limited to
one (1) department store per center.
h Martial arts dance or exercise studios limited to 2,500 square feet of total floor
area.
i. Pets shops limited to 5,000 square feet of floor area.
j Dog/pet hospitals limited to 2 500 sauare feet of total floor area with the following
conditions:
1 All business activities of a dog/pet hospital shall be conducted within a
completely enclosed air-conditioned structure, insulated to prevent noise
disturbance to adjacent residential and non-residential uses.
2. No open-air pet exercise areas or kennels are permitted.
Section 3. 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
Ordinance No. 2010-08
Page 3
shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 4. 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 5. 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 Auerbach, and
upon being put to a vote was as follows:
Commissioner Zev Auerbach yes
Commissioner Bob Diamond yes
Commissioner Teri Holzberg yes
Commissioner Billy Joel yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Michael Stern yes
Mayor Susan Gottlieb yes
The foregoing Ordinance was offered by Commissioner Diamond, who moved its
adoption on second reading. This motion was seconded by Commissioner Auerbach
and upon being put to a vote was as follows:
Commissioner Zev Auerbach yes
Commissioner Bob Diamond yes
Commissioner Teri Holzberg yes
Commissioner Billy Joel yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Michael Stern yes
Mayor Susan Gottlieb yes
PASSED on first reading this 6th day of July, 2010.
Ordinance No. 2010- 4~
Page 4
PASSED AND ADOPTED on second reading this day of . , 2010.
,° ~1 4r
SAN GOTTLI B, MAYOR
ATT,~ST:
.SA M.~OR~KA,(MMC
CLER
APPROVED S TO L AL SU~t~IENCY:
/^~, ~~
CITY ATTORNEY 1
This Ordinance wailed in~he Office of the City Clerk this X= day oil, 2010.
ISA M. SOF~~KA, MI~(~IC
CLERK I I