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2012-14 ORDINANCE NO. 2012-14 AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA PERTAINING TO USES PERMITTED AND DEVELOPMENT CRITERIA FOR DEVELOPMENT IN THE TOWN CENTER (TC1) ZONING DISTRICT; AMENDING SECTION 31-145(B) "TOWN CENTER ZONING DISTRICTS" OF ARTICLE VII "USE REGULATIONS" OF CHAPTER 31 "LAND DEVELOPMENT REGULATIONS" TO PERMIT A LIFESTYLE CENTER USE AS A PERMITTED USE IN THE TOWN CENTER (TC1) DISTRICT; PROVIDING FOR USE, DEVELOPMENT AND DESIGN STANDARDS FOR THE LIFESTYLE CENTER USE; PROVIDING FOR AMENDMENTS TO THE USES PERMITTED AND PROHIBITED WITHIN THE TOWN CENTER (TC1) ZONING DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Aventura ("City Commission") is desirous of amending Section 31-145(b) "Town Center Zoning Districts" of Chapter 31 "Land Development Regulations" of the Code of Ordinances ("City Code") to allow a retail-oriented center consisting of a mix of large, medium and small tenant spaces, known as a lifestyle center, as a permitted use in the Town Center (TC1) zoning district; and WHEREAS, the Town Center future land use category applicable to the Town Center (TC1) zoning district encourages hubs for future urban development intended to serve the City's existing and future residents and businesses with design-unified development providing direct accessibility by mass transit service, and high-quality urban design, and the City Commission finds that the inclusion of a "lifestyle center" within the TC1 zoning district is consistent with the applicable Town Center future land use category; 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 31-145(b) of Chapter 31 "Land Development Regulations," as set forth in this Ordinance; and Ordinance No. 2012-14 Page 2 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. City Code Amended. That Section 31-145 "Town Center Zoning Districts" of Article VII "Use Regulations" of Chapter 31 "Land Development Regulations" of the City Code is hereby amended to read as follows': Section 31-145. Town Center Zoning Districts. (a) Purpose. The purpose and intent of these districts is to provide suitable sites for the development of residential and commercial uses in a well planned and compatible manner. The uses within these districts shall be consistent with, but may be more restrictive than, the corresponding Town Center Land Use category permitted uses. Residential densities shall not exceed 25 units per gross acre and nonresidential densities shall not exceed a floor area ratio of 2.0. (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: 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 'Underlined provisions constitute proposed additions to existing text; e-thceugh provisions constitute proposed deletions to existing text;and text without underline or strike-through constitute existing text. Ordinance No. 2012-14 Page 3 square feet dedicated to residential and non-residential uses is between 3:1 and 1:3. b. Bookstores up to 25,000 square feet. There shall be no more than 5,000 square feet or less. d. Department stores limited to 50,000 square feet. There shall be no . _ • •• .. - - - f. Furniture stores limited to 10,000 square feet. There shall be no ••• _ e - 9,999 e . . - -- • - - e- h. Health and exercise clubs limited to 10,000 square fect. There venter. Martial arts, dance or exercise studios with a limitation of 2,500 square feet j. Pet shops with a limitation of 5,000 square feet. b. Lifestyle center. For purposes of this section, a lifestyle center is a retail-oriented center of superior design quality that serves the retail needs and lifestyle pursuits of consumers in the area. Lifestyle centers shall have an open air configuration and shall include a mix of large, medium and small tenant spaces with at least one, but no more than three, anchor tenants of at least 30,000 square feet of floor area each. A lifestyle center shall include restaurants, family-oriented entertainment, apparel stores and other permitted uses in the B1, Neighborhood Business District, without the size limitations of that district, and may also include permitted uses in the B2, Community Business District, except those B2 uses specifically prohibited for a lifestyle center pursuant to Section 31- 145(b)(4)q. Lifestyle centers shall include design elements that define their role as a multi-purpose, leisure-oriented, family-friendly destination such as water features, gathering areas, street furniture and well-developed landscaping within and along entrances, pedestrian areas and pathways, Ordinance No. 2012-14 Page 4 all of which are intended to create a town center atmosphere. A lifestyle center shall be within one-half ('h) mile of a residential property, but no residential uses shall be included in the lifestyle center itself. A lifestyle center shall encourage multi-modal access by incorporating a mass transit stop, convenient pedestrian crosswalks and bike racks. (3) Conditional Uses. The following uses may be established if first approved as a conditional use: a. Those uses permitted in the RMF3 District, except that residential uses may not be established in a lifestyle center. (4) Uses prohibited. Except as specifically permitted in this subsection (b), the following uses are expressly prohibited as either principal or accessory uses: a. Any use not specifically permitted. b. Adult entertainment establishments. c. Sale of goods to other than the ultimate consumer. d. Sales, purchases, display or storage of used merchandise other than antiques. e. Sale of fruit or merchandise from trucks, wagons or other vehicles parked on or along public or private streets or from open stands or vacant lots. Such business on private or public property shall be conducted only from within approved permanent substantial buildings. f. Any drive-through service facility, except a drive-throuqh service facility may be permitted for outparcel buildings in a lifestyle center. q. The following B2, Community Business District, permitted uses are prohibited in a lifestyle center: Auditoriums; Automobile new parts and equipment, sales only; bait and tackle shops; billiard rooms and pool rooms; dry cleaning establishments where dry cleaning is performed on site; electrical appliance and fixture stores including related repair shops; lawn mowers, retail, sales and service; mortuaries or funeral homes; motorcycle sales and repair; liquor package stores; bars, lounges and nightclubs; office parks; automatic and hand car washes; hotels, motels and time share units; stores for the sale or Ordinance No. 2012-14 Page 5 purchase of previously owned jewelry and /or previously owned precious metals, directly to the ultimate consumer only, except that sales and purchases may be made between vendors occupying the same unit or establishment. h. Residential uses in a lifestyle center. (5) Site development standards. * * * h. Required open space. A minimum of 35 percent of the total lot area of the site shall be provided as common open space available for use by all residents or consumers; of this common open space a minimum of one-half shall be unencumbered with any structure (except for play equipment for children and associated mounting, fencing and furniture) and shall be landscaped with grass and vegetation approved in a landscape plan. The remaining one-half may be used for recreational facilities, amenities, pedestrian walks, entrance landscaping and features (not including gatehouses and associated vehicle waiting areas), or maintenance facilities. (6) Accessibility for Mixed-Use Structures. All residential units shall be accessible to the outside via a direct exit or an entry lobby that does not require residents to pass through a leasable commercial space. (7) Allocation of interior space for Mixed-Use Structures. Retail stores, personal services, banks and financial services, indoor commercial recreation uses, restaurants and coffee houses, schools, nursery schools and child care centers are allowed only on the ground floor of mixed-use buildings. Offices and medical offices are allowed only on the ground and second floors. Residential uses are allowed only on the second or higher floors. * * * (9) Performance Standards. Any structure parking serving the primary use on the site shall be incorporated into the building envelope and shall be compatibly designed. Structured parking in a lifestyle center is exempted from the foregoing standard. Such parking structure shall comply with all minimum setback and buffer yard requirements. Parking structure ceiling heights shall be seven feet six inches except where greater heights may be required by other regulatory agencies. Pipes, ducts and mechanical equipment installed below the ceiling shall not be lower than seven feet zero inches above finished floor. (10) Design Standards. All mixed use development in the TC1 Zoning District shall substantially comply with the applicable "Town Center Design Guidelines" as provided by the City Manager. All lifestyle center development in the TC1 Zoning District shall Ordinance No. 2012-14 Page 6 Y3 substantially comply with the "Lifestyle Center in Town Center District Design Guidelines" dated July, 2012, provided by the City Manager. * 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. 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 Diamond, and upon being put to a vote was as follows: Commissioner Zev Auerbach yes Commissioner Bob Diamond yes Commissioner Michael Stern yes Commissioner Billy Joel yes Commissioner Luz Urbaez Weinberg yes Vice Mayor Teri Holzberg absent Mayor Susan Gottlieb yes The foregoing Ordinance was offered by Vice Mayor Holzberg, who moved its adoption on second reading. This motion was seconded by Commissioner Stern, and upon being put to a vote was as follows: Commissioner Zev Auerbach yes Commissioner Bob Diamond yes Commissioner Michael Stern yes Commissioner Billy Joel yes Commissioner Luz Urbaez Weinberg yes Vice Mayor Teri Holzberg yes Mayor Susan Gottlieb yes Ordinance No. 2012-/ Page 7 PASSED on first reading this 4th day of September, 2012. PASSED AND ADOPTED on second reading this 2nd day of October, 2012. SU A O LIEB, MAYOR EST: 41 , Aka RESA M. c],'O ' A MMC TY CLERK APPROVED AS TO LEGAL SUFFI¢TENCY: fr"-i( C ITY ATTORNEY This Ordinance was filed in the Office of the City Clerk this 3 day of bat, 2012.