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2013-12 ORDINANCE NO. 2013-12 AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING SECTION 31-145 "TOWN CENTER ZONING DISTRICTS" OF THE CITY'S LAND DEVELOPMENT REGULATIONS BY ADDING "TOWN CENTER NEIGHBORHOOD (TC3) DISTRICT" TO THE SECTION; 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 "Town Center Zoning Districts" of Chapter 31 "Land Development Regulations" of the Code of Ordinances ("City Code") to provide for a Town Center Neighborhood (TC3) District consisting of a mix of residential and commercial uses and providing for indoor and/or outdoor commercial recreation uses, assisted living facilities and hotels; and WHEREAS, the Town Center future land use category applicable to the Town Center Neighborhood (TC3) 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 Town Center Neighborhood 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 during 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 of Chapter 31 "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 Ordinance No. 2013-12 Page 2 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': Sec. 31-145. - Town Center Zoning Districts. (d) Town Center Neighborhood (TC3) District. The following regulations shall apply to all TC3 Districts: (1) Purpose. This district is intended to provide suitable sites for the development of structures and sites combining residential and commercial uses in a well-planned and compatible manner in existing neighborhoods on property that provides lot frontage on at least three public streets and does not front upon or access Biscayne Boulevard. Development in this district shall provide for indoor and/or outdoor commercial recreation uses and shall provide a minimum of 20,000 square feet per gross acre of assisted living facility use as part of its commercial uses. Residential densities shall not exceed 20 dwelling units per gross acre and non-residential intensity shall not exceed a floor area ratio of 2.0. (2) 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 a combination of all 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 Underlined provisions constitute proposed additions to existing text. Ordinance No. 2013-12 Page 3 generally with the intent of the RMF3, Multifamily 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 3.5:1 and 1:3.5. b. Assisted living facilities with a minimum of 20,000 square feet per gross acre and with a minimum gross floor area of 600 square feet per unit. c. Indoor and outdoor commercial recreational uses with a maximum of 1,000 square feet of total floor area per establishment. d. Hotels, with a minimum of 180 rooms and with a minimum gross floor area of a rental sleeping room of 400 square feet. (3) Accessory uses permitted. Permitted incidental and accessory uses shall include: a. Those uses allowed as accessory uses in the RMF3 Multi-Family Medium Density Residential District, except for uses which, by their nature, would inhibit the establishment of permitted commercial activities or restrict the acceptable mixing of residential and non-residential uses. b. Outdoor dining as an accessory use to a permitted restaurant or retail use. (4) Conditional uses permitted. The following uses may be established if first approved as a conditional use: a.Those uses permitted in the B1 District with increased floor area. b.Uses that exceed the height limitations of Section 31-145(d)(6), including parking structures. c. Indoor and outdoor commercial recreation uses with more than 1,000 square feet per establishment. d. Aboveground storage tanks. Aboveground storage tanks (AST) only as an accessory use and only for the purpose of storing fuel for emergency generators. ASTs must conform to the following requirements: 1.Be of 550 gallons capacity or less. 2.Be installed and operated under a valid permit from the Miami-Dade County Department of Environmental Resources Management. Ordinance No. 2013-12 Page 4 3.Be fully screened by a masonry or concrete wall with a self-closing and locking metal door or gate. Such wall shall be landscaped in accordance with the City's Landscape Code. 4.Be located in a manner consistent with the site development standards of the TC1 zoning district. 5.Installation of any AST shall require a building permit from the City. Application for building permit shall be accompanied by a site plan indicating the location of the AST relative to property lines, the primary structure served by the AST, any other structures within 300 feet as well as a landscape plan prepared by a Florida licensed architect or landscape architect and other supporting documentation as deemed necessary by the City Manager or designee. e. Floor areas that are less than the minimum floor areas required by the provisions of Section 31-145(d)(6)(g) hereof. f.Allocations of interior spaces for mixed-use structures other than as set forth in Section 31-145(d)(8) hereof. g.Structured parking that is not incorporated into the building envelope of a primary use structure, as required by Section 31-145(d)(9) hereof. h.Structured parking that can be seen from a primary use building and that does not have the area of the top level landscaped and/or decoratively paved in order to provide amenity areas for building occupants, as required by Section 31-238 of this Code. i. Driveways with a separation of less than 150 feet of landscaped frontage as long as it is determined, as part of site plan review that: 1.Landscaping for the total project site exceeds the minimum requirements of this Code, and; 2.Traffic studies indicate that a lesser distance between driveways does not constitute a safety hazard to either vehicular or pedestrian traffic. j. Off-street parking that does not meet the requirements of Section 31-171(b) or (d) of this Code. k. All uses permitted in the CF District. Ordinance No. 2013-12 Page 5 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 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. 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. (5) 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, purchase, 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. (6) Site development standards. a.Minimum lot size: 5 gross acres. b.Minimum lot width: 100 feet. c.Maximum lot coverage: 45 percent of total lot area, provided that if eighty (80%) percent or more of the required parking spaces is provided in a parking structure, lot coverage may be increased to a maximum of 55 percent of the total lot area. d.Maximum floor density: 1.Residential component: 20 dwelling units per gross acre. 2.Nonresidential component: 2.0 floor area ratio. e.Maximum height: Four stories or 50 feet, including parking structures. f.Setbacks: 1.Front: 25 feet. 2. Side: There is no side yard setback required for a lot that is not adjacent to a street or alley, unless such setback is necessary to provide Ordinance No. 2013-12 Page 6 light and air to residential units. In such cases a side yard setback of 20 feet in depth is required. 3. Street Side: 20 feet. 4.Rear: There is no rear yard setback required for a plot not adjacent to a street or alley, unless such setback is necessary to provide light and air to residential units. In such cases a rear yard setback of 20 feet in depth is required. 5. Rear Street: 20 feet. 6.Between buildings: No minimum building separation distance is normally required, except where necessary to provide light and air to residential units. In such cases, buildings may be no closer than 25 feet. g.Minimum floor areas: The minimum floor area not including garage or unairconditioned areas shall be as follows, except that conditional use approval may be granted to authorize a reduction in the following minimum floor areas in accordance with Section 31-145(d)(4)(d): Multiple-family dwelling unit: Efficiency unit: 800 square feet. One bedroom unit: 900 square feet. Two bedroom unit: 1050 square feet. For each additional bedroom in excess of two add 150 square feet. Efficiency units shall not exceed 40 percent of the total number of residential units within a building. 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 non-commercial recreational facilities, amenities, pedestrian walks, entrance landscaping and features (not including gatehouses and associated vehicle waiting areas), or maintenance facilities. (7) Accessibility for Mixed-Use Structures. All residential units shall be accessible to the outside via an entry lobby that does not require residents to pass through a leasable commercial space. Ordinance No. 2013-12 Page 7 (8) 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. In accordance with Section 31-145(d)(4)(e), conditional use approval may be granted to authorize a waiver from such requirements for allocations of interior space in mixed-use structures. (9) Performance Standards. Any structured parking serving the primary use on the site shall be incorporated into the building envelope and shall be compatibly designed. 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. In accordance with Section 31-145(d)(4)(f), conditional use approval may be granted to authorize a waiver from the requirements that structured parking be incorporated into the building envelope of a primary use structure and that such structured parking conform to Section 31-238. (10) Design Standards. All development in the TC3 Zoning District shall be compatible with existing adjacent development. Specifically, when greater heights are immediately adjacent to existing development, such height shall be graduated by steps so that the part of the structure within fifty (50) feet of the property boundary is the same or lower height as existing adjacent residential development. Development in the TC3 district shall substantially comply with the applicable "Town Center Design Guidelines", as provided by the City Manager and adopted through Ordinance No. 2006-02 on February 7, 2006. 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. Ordinance No. 2013-12 Page 8 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 Luz Weinberg, and upon being put to a vote was as follows: Commissioner Enbar Cohen yes Commissioner Teri Holzberg absent Commissioner Billy Joel yes Commissioner Howard Weinberg yes Commissioner Luz Urbaez Weinberg yes Vice Mayor Michael Stern 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 Howard Weinberg, and upon being put to a vote was as follows: Commissioner Enbar Cohen yes Commissioner Teri Holzberg yes Commissioner Billy Joel yes Commissioner Howard Weinberg yes Commissioner Luz Urbaez Weinberg yes Vice Mayor Michael Stern yes Mayor Susan Gottlieb yes PASSED on first reading this 9th day of July, 2013. Ordinance No. 2013-12 Page 9 PASSED AND ADOPTED on second reading this 1st day of October, 2013. re..) .F.411 .gr USAN GOTTLIEB, MAYOR ATT ST: / 4--)1--Ata ' o ESA M. SO" , MMC C CLERK APPRO;12 Pi TO LEGAL SUFFNCY: CITY ATTORNEY This Ordinance was filed in the Office of the City Clerk this2141 day of October, 2013.