2012-10 ORDINANCE NO. 2012-10
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, AMENDING SECTION 31-144(f) "MEDICAL
OFFICE (MO) DISTRICT" OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO ADD "SELF
SERVICE STORAGE FACILITIES WITH A MINIMUM LOT
AREA OF 1.5 ACRES" AS A CONDITIONAL USE 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 Section 31-144(f) of
the City's Land Development Regulations to permit self service storage facilities with a
minimum lot area of 1.5 acres as a conditional use in the Medical Office (MO) 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 reviewed the proposed amendment, and
finds that it is in the best interests of the public to amend Section 31-144(f) of the City's
Land Development Regulations, as set forth in this Ordinance; 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. Recitals. The foregoing whereas clauses are hereby ratified and
incorporated within this Ordinance.
Section 2. Section 31-144 (f), "Medical Office (MO) District" of the Land Development
Regulations is hereby amended as follows':
Underlined provisions constitute proposed additions to existing text; text without underline or strike-
through constitute existing text.
Ordinance No. 2012-10
Page 2
Sec. 31-144. Business Zoning Districts.
* * *
(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.
(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:
* * *
(2) Conditional Use. The following uses if first approved as a conditional use:
a. Business-related schools.
b. Multi-family residential uses with a maximum density of 35 dwelling units
per gross acre and within a minimum lot area of two acres.
c. Uses that exceed the height limitations.
d. Retail uses with a minimum lot area of two gross acres.
e. Drive-through facility.
f. Heliport landing site.
g. Automobile parking garages, exceeding two stories but not over six stories
in height, as a stand-alone use.
h. All uses permitted in the CF District.
i. For those properties lying between NE 206 Street to the south, NE 209
Street to the north, NE 28 Avenue to the east and East Dixie Highway to
the west, the following additional uses may be permitted if first approved as
a conditional use:
1. Uses that exceed the maximum floor area ratio.
Ordinance No. 2012-10
Page 3
2. Uses that do not meet the open space requirements of the district,
upon payment of a fee-in-lieu of open space to be used for public park
improvements. The amount of such fee shall be determined by the City
Manager based on the appraised value of the land and the amount of
reduction in open space requested, provided, however, that the amount of
open space shall not be reduced below 15 percent of the total lot area and
that the development complies with the Streetscape Design Standards of
this section.
I. Self service storage facilities with a minimum lot area of 1.5 acres.
k. For buildings that attain LEED® Gold or Platinum certification as provided in
Article VI of Chapter 14 of the City Code, increased lo coverage, provided
that a green roof and/or green 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 coverage.
I,,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.
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
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 re-lettered to accomplish such intentions; and that the word
"Ordinance" shall be changed to "Section" or other appropriate word.
Ordinance No. 2012-10
Page 4
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 Weinberg, and
upon being put to a vote was as follows:
Commissioner Zev Auerbach yes
Commissioner Bob Diamond yes
Commissioner Billy Joel yes
Commissioner Michael Stern yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Teri Holzberg yes
Mayor Susan Gottlieb yes
The foregoing Ordinance was offered by Weinberg, who moved its adoption on
second reading. This motion was seconded by Auerbach, and upon being put to a vote
was as follows:
Commissioner Zev Auerbach yes
Commissioner Bob Diamond no
Commissioner Billy Joel yes
Commissioner Michael Stern yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Teri Holzberg absent
Mayor Susan Gottlieb yes
PASSED on first reading this 10th day of July, 2012.
t
Ordinance No. 2012- 10
Page 5
PASSED AND ADOPTED on second reading this 7— day • ,._,_,/ l-,,,2012.
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,
SdrA -GOTTLIE;, MAYOR
A ;BEST: ii I
AlA I, LEI ,
'ESA M. SRO ' , MMC ■
CLERK
APP OVED AS LEGP� SUFFICIENCY:
(� /
CITY ATTORNEY /
This Ordinance was filed in the Office of the City Clerk this 4 day • ►,_,, /--2012.