07-12-2016 LPALocal Planning Agency
Enid Weisman, Mayor
Denise Landman, Vice Mayor
]Enbar Cohen, Commissioner
Teri Holzberg, Commissioner
Marc Narotsky, Commissioner
Robert Shelley, Commissioner
Howard Weinberg, Commissioner
City Manager
Eric M. Soroka, 1CMA-CM
City Clerk
Bllisa L. Horvath, MMC
City Attorney
Weiss Scrota Helfman
Cole & Bierman
LOCAL PLANNING AGENCY
MEETING AGENDA
JULY 129 2016
6:00 PM
Aventura Government Center
19200 West Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER\ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF MINUTES: March 1, 2016
4. PUBLIC HEARING: MOTION RECOMMENDING ADOPTION OF THE
FOLLOWING ORDINANCE:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING
SECTION 31-144 "BUSINESS ZONING DISTRICTS" OF THE CITY'S LAND
DEVELOPMENT REGULATIONS BY AMENDING SECTION 31-144(C)(1),
COMMUNITY BUSINESS (112) DISTRICT TO ADD AN ELECTRIC VEHICLE
RETAIL SHOWROOM AS A PERMITTED USE IN SHOPPING CENTERS
WITH MORE THAN 1,000,000 SQUARE FEET OF GROSS LEASABLE AREA,
WITH HEIGHT NOT GREATER THAN FIVE STORIES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND
PROVIDING FOR AN EFFECTIVE DATE.
5. ADJOURNMENT
This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who
are disabled and who need special accommodations to participate in this meeting because of that disability should
contact the Office of the City Clerk, 305-466-8901, not later than two days prior to such proceeding. One or more
members of the City of Aventura Advisory Boards may be in attendance and may participate at the meeting. Anyone
wishing to appeal any decision made by the Aventura City Commission with respect to any matter considered at such
meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based. Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 19200 W.
Country Club Drive, Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact
the City Clerk at 305-466-8901.
ity
AThe C of MINUTES Government Center
ventura LOCAL PLANNING AGENCY 19200 W.Country Club Drive
MEETING Aventura, Florida 33180
-- ® ----- MARCH 1, 2016 AT 6 PM
t4�
1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid
Weisman at 6:00 p.m. Present were the following: Mayor Enid Weisman, Vice Mayor
Robert Shelley, Commissioner Enbar Cohen, Commissioner Teri Holzberg,
Commissioner Denise Landman, Commissioner Marc Narotsky, Commissioner Howard
Weinberg, City Manager Eric M. Soroka, City Clerk Ellisa L. Horvath, and City Attorney
David M. Wolpin. As a quorum was determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: The Pledge was led by Anton Weinberg, Adam
Weinberg, and Ariel Weinberg.
3. APPROVAL OF MINUTES: A motion to approve the minutes of the July 7,
2015 minutes was offered by Commissioner Holzberg, seconded by Vice Mayor
Shelley, and unanimously passed.
4. PUBLIC HEARING: MOTION RECOMMENDING ADOPTION OF THE
FOLLOWING ORDINANCE: Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING ARTICLE
VIII., SECTION 31-171, "OFF-STREET PARKING, LOADING AND DRIVEWAY
STANDARDS", OF CHAPTER 31 "LAND DEVELOPMENT REGULATIONS" OF THE
CITY CODE BY AMENDING SECTION 31-171(a)(6)d. TO ADD MINIMUM WIDTHS
FOR ONE-WAY AND TWO-WAY DRIVE AISLES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING
FOR AN EFFECTIVE DATE.
Mr. Wolpin noted that the staff report and any comments provided would be included in
the record for the same item on the regular Commission Meeting Agenda.
A motion to recommend adoption of the Ordinance was offered by Vice Mayor Shelley
and seconded by Commissioner Landman.
Community Development Director Joanne Carr addressed the Commission and entered
the staff report into the record, which recommended approval.
Mayor Weisman opened the public hearing. There being no speakers, the public
hearing was closed.
The motion to recommend adoption of the Ordinance was unanimously passed, by roll
call vote.
5. ADJOURNMENT: There being no further business to come before the Local
Planning Agency, a motion to adjourn was offered by Commissioner Weinberg,
City of Aventura Local Planning Agency Meeting Minutes—March 1, 2016
seconded by Commissioner Cohen and unanimously passed; thereby, adjourning the
meeting at 6:08 p.m.
Ellisa L. Horvath, MMC, City Clerk
Approved by the Local Planning Agency on July 12, 2016.
Page 2 of 2
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, I A- M
City Manager
BY: Joanne Carr, A
Community Develop nt Director
DATE: June 20, 2016
SUBJECT: Application to Amend Section 31-144(c)(1) of the Land Development
Regulations to add an electric vehicle retail showroom as a permitted use in
the B2, Community Business District (02-LDR-16)
July 12, 2016 Local Planning Agency Agenda Item 4
July 12, 2016 City Commission Meeting Agenda Item
September 6, 2016 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission approve the request for an amendment to
Section 31-144, "Business Zoning Districts" of the Land Development Regulations to add
an electric vehicle retail showroom as a permitted use for parcels that include one or more
shopping center buildings that contain a total of more than 1,000,000 square feet of gross
leasable area and that do not exceed five stories in height.
THE REQUEST
The owner of the Aventura Mall is currently constructing a retail wing expansion and new
parking structure expansion at the mall property. It has requested an amendment to the
B2, Community Business District to permit an electric vehicle retail showroom in this
zoning district, with the conditions listed in the amendment text below. Automobile sales
are currently perfnitted only as a conditional use in the B3, Heavy Business District in the
Land Development Regulations. (See Exhibit #1 for Letter of Intent)
DESCRIPTION OF THE PROPOSED AMENDMENT
The proposed amendment to the Community Business (B2) District follows in underlined
text:
"Section 31-144(c). Community Business (B2) District.
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.
(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:
gq. For parcels that include one or more shopping center buildings that contain a total of
more than 1,000,000 square feet of gross leasable area and do not exceed five stories in
height, an electric vehicle retail showroom conforming to the following criteria:
(a) no more than one (1) electric vehicle retail showroom shall be allowed on the parcel,
and
(b) no on-site vehicle storage/stock beyond the showroom and vehicles for test drives
shall be allowed, and
(c) no more than six (6) electric vehicles produced by the electric vehicle motor company
shall be stored on site, outside of the showroom, to be used for test drive purposes, and
(d) no delivery of vehicles and/or service of vehicles shall be permitted on site, and
(e) prior to establishment of the use, a plan describing the proposed location of the test
drive vehicles, the proposed hours and proposed location of test drives shall be submitted
for review and approval of the City Manager. Such review and approval will include, but is
not limited to, consideration of traffic patterns and traffic conditions in the parcel and in the
City as a whole.
2
ANALYSIS
Staff provides the following analysis of the request using the standards for reviewing
proposed amendments to the text of the Land Development Regulations contained in
Section 31-77 of the City Code.
1. The proposed amendment is legally required.
The proposed amendment is legally required to implement the requested revision to
the Code.
2. The proposed amendment is consistent with the goals and objectives of the
Comprehensive Plan.
The proposed amendment is consistent with the goals and objectives of the
Comprehensive Plan. The business and office land use designation is described in the
Future Land Use Element of the City's Comprehensive Plan. This category provides
that "...the specific range and intensity of uses applicable in a particular Business and
Office property is dependent upon the particular land use, design, urban services,
transportation, environmental and social conditions on and around the subject
property, including consideration of applicable goals, objectives and policies of the
Plan. The Transportation Goal in the Transportation Element of the City's
Comprehensive Plan includes the provision of a safe and efficient multimodal
transportation system and the promotion of the use of alternative transportation
methods. The addition of an electric vehicle retail showroom use will provide
information and access to alternative, energy efficient motor vehicles.
3. The proposed amendment is consistent with the authority and purpose of the LDRs.
The proposed amendment is consistent with the authority and purpose of the Land
Development Regulations. The purpose of the LDRs is to implement further the
Comprehensive Plan of the City by establishing regulations, procedures and standards
for review and approval of all development and uses of land and water in the City. This
proposed amendment establishes a new use in the B2, Community Business District.
4. The proposed amendment furthers the orderly development of the City.
The proposed amendment furthers the orderly development of the City, for the reasons
provided in Paragraph 3 above.
3
5. The proposed amendment improves the administration or execution of the
development process.
The proposed amendment improves the administration or execution of the
development process in that it provides for regulation to enable a proposed use on a
property within the B2, Community Business District.
4
•
BERCOW RADELL & FERNANDEZ
ZONING. LA MID USE ANS CP ENVIRONMENTAL LAW
DIRECT LINE: 305-377-6238
E-MAIL. mmarrero(abrzoninglaw.com
VIA FACSIMLE AND E-MAIL
June 17, 2016 JUN 1 7 2016
Ms. Joanne Carr
Community Development Director
City of Aventura
19200 West Country Club Drive, 4th Floor
Aventura, Florida 33180
Re: Land Development Code Amendment Regarding Electric Vehicle Showrooms
Dear Joanne:
This law firm represents Aventura Mall Ventures and Turnberry Associates, Inc.
(the "Applicant"), with regard to an application to amend the City of Aventura Land
Development Code to permit electric vehicle showrooms in the B-2 zoning district.
Text Amendment Request. The Applicant seeks to permit electric vehicle
showrooms on the Property, subject to specific conditions. Electric vehicle showrooms
will only be permitted on properties that include one or more shopping center buildings
containing more than 1,000,000 square feet of gross leasable area and do not exceed five
(5) stories in height. There can be no on-site vehicle storage, or stock, beyond the
showroom and vehicles for test drives. Further, can be no more than six (6) electric
vehicles stored on-site, outside of the showroom, to be used for test drive purposes.
Additionally, there can be no delivery of vehicles or service of vehicles permitted on
site.
Text Amendment Criteria. Section 33-77(g) of the City Code provides standards
that staff and the City Commission must consider when reviewing proposed
amendments to the text of the City's Land Development Regulations (the "LDRs"). The
Applicant's request addresses each of the standards as follows:
Exhibit 1
02-LDR-16
SOUTHEAST FINANCIAL CENTER•200 SOUTH BISCAYNE BOULEVARD, SUITE 850•MIAMI, FLORIDA 33131
PHONE.305.374.5300•FAX.305.377.6222•WW W.BRZONINGLAW.COM
Ms. Joanne Carr
June 17, 2016
Page 2
(1) The proposed amendment is legally required.
In order for electric vehicle showrooms to be permitted within the B-2 district the
proposed amendment to the LDRs must be approved and is thus required.
(2) The proposed amendment is consistent with the goals and objectives of
the Comprehensive Plan.
The proposed changes are consistent with the goals and objectives of the
Comprehensive Plan, specifically the Business and Office designation. The
application is consistent with the goals and objectives of the Comprehensive
Plan, specifically the City's objectives of environmental stewardship and
responsible development. The electric vehicle showroom will be incorporated
into the existing, approved structure and will not require additional
development. Further, approval of the proposed use demonstrates the City's
openness to innovative and environmentally conscious business uses.
(3) The proposed amendment is consistent with the authority and purpose of
the LDRs.
The proposed amendment is consistent with the authority and purpose of the
LDRs, as described in Section 31-2 of the City Code. Additionally, the electric
vehicle showroom will be incorporated into the existing, approved structure and
will not require additional development or trigger significant additional impact
on the surrounding area.
(4) The proposed amendment furthers the orderly development of the City.
The proposed amendment certainly furthers the orderly development of the
City. The proposed amendment will permit electric vehicle showrooms to be
opened in qualifying shopping center properties. The proposed electric vehicle
showrooms are anticipated to be adaptive reuses of existing commercial space.
Accordingly, no additional development is anticipated as a result of this text
amendment.
(5) The proposed amendment improves the administration or execution of the
development process.
This amendment itself does not have a direct effect on the administration of the
City's development process.
BERCOW RADELL&FERNANDEZ
ZON INC. LANE, USE AND ENVIRONMENTAL LAW
Ms. Joanne Carr
June 17, 2016
Page 4
For all the foregoing reasons, the applicant respectfully requests your
department's favorable review and recommendation of this application. Should you
have any questions, comments, or require additional information, please do not hesitate
to phone my direct line at (305) 377-6238.
Sincerely yours,
Michael J. Marrero
MM/CMK
BERCOW RADELL&FERNAN DEZ
ZONING. LAO USE ANO ENVIRONMENTAL LAW
APPLICANT REPRESENTATIVE AFFIDAVIT
Pursuant to Section 31-71(b)(2)(i)of the City of Aventura Land Development Code,this Applicant Representative Affidavit is hereby made and
submitted. The undersigned authorized representative of the individual or entity applying for the Development Permit,which is identified in the accompanying
application,and the owner of the properly subject to the application(if different)hereby lists and identifies all persons representing the individual or entity
applying for the Development Permit in connection with the application,as follows.
Name Relationship (i.e.Attorneys,Architects,Landscape
pp �p�J�� Architects, Engineers,Lobbyists,Etc.)
( UI o el ' VGtf'l-L�� .11A4+-1-0r(Wm
(Attach Additional Sheets If Necessary)
NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE AFFIDAVIT
SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF
THE SUBJECT PROPERTY. APPLICANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT
PURSUANT TO SEC.31-71(B)(2)(IV1 OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE,IN THE EVENT
THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION
PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE.
WITNESS MY HAND THIS DAY OF 200
AUTHORIZED I ...OF—APPLICANT. OWNER
y ,� 6y: , --
(Signatur ) ?notate)
Name( tc.Lit.l Nil c.r/e Name: 'NA-i KU 2(C f,
(Print) (Pring
Title: A#korM' Title: Or, rr,p 1 7 6ant raI lLwntit
Address: '0-13 ti » ‘1")SC..yny f) 5( Address: 1`195--o J, CAJeI L��6 'brit 0-1-'
tA Icr„ FL >_yR I A0-rcIv, Ft 33186
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me the undersigned authority personally appeared JONAIWAN Klieg 1 as the authorized representative of the
Applicant and/or the owner of the property subject to the application, who being first by m- duly swor di. swear • . that he/she
executed this Affidavit for the purposes staled therein and that it is true and correct.•
„
AF
SWORN TO AND SUBSCRIBED BEFORE ME Ihisiiday of uYl ,200
Notary Public t e of FloridLAt Large,
joiff Nat Notary Public State of Florida Printed Name of Notary VtC
IdDiane Ramos My commission expires:__
My Commission FF 207719
nP Cr
04/10/2019
BUSINESS RELATIONSHIP AFFIDAVIT'
t,,e.9
This Affidavit is made pursuant to Section 31-71(b)(2Nfi)of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that:
(mark with'x' feeble portions only)
reit/11.. Afhant does not have a Business Relationship with any member or the City Commission or any City Advisory Board to which
the application wB be presented.
I ]2 Affiant hereby discloses that Salim a Business Relationship with a member of the City Commission or a City Advisory
Board to which the appbcatfon will be presented.as Wows.
(List name of Commissioner or Advisory Board Member) who serves on the
(List City Commission or City Advisory Board upon which member saves).
The nature of the Business Relationship is as follows:
III. Member of City Commission or Board holds an ownership interest in excess o11%of total assets or capita stock
of Applicant or Representative;
()ii. Member of City Commission or Board is a panne.co-shareholder(as to shares of a corporation whfdn are not
listed on any national or regional stock exchange)or joint venturer with the Applicant or Representative in any
business venue:
(]iit The Appicant or Representative is a Client of a member of the City Commission or Board or a Client of another
professional working from the same office or for the sane employer as the member of the City Commission or
Board:
(]iv. A City Commissioner or Board member is a Client of the Applicant or Representative,
I]v. The Applicant or Representative is a Customer of the member of the City Commission or Board(or of his or her
employer)and transects mote than 510,000.00 of the business of the member of the City Comntission or Board(or
his or her employe)in a given calendar year,
I]vi. The member of the City Commission or Board is a Customer of the Applicant on Representative and transacts
more than$25.000.00 of Iflp,business of the Applicant or Representative h a given calendar year.
WITNESS MY HAND THIS DAY OF /,UVL ,`"s'1'
APPUCAN •
BNanue)
me: N7 a c lvr.t i M crr h o
Tee: ver'A d f rl, (PUN),
WITNESS MY HAND THIS 21 !\DAY OF JUS ,2(I*(0
PROPER vy, R
ik
Name: • :1.' L.ai _ P asst
The. SSf Ore /Poop
STATE OF FLORIDA I
COUNTY OF IVM-DADEI y "I_________
rUf the A%aL who get hist by me duly axon,did ser a'Ron that helahe
Bdoae me,towup ssdaed Fs fez W b
executed this Affidavit M the imposes Sled therein end ecu it is true and cared.
1 ,i1
SWORN10 AND SUBSCRIBED before me in . _I_ay of i N+\_r—__.. -2DEp � `1 p
itis
ust arge
,,,e,(f� Notary Public State of Florida Finn—lei Name d Notify�/T, Diana Ramos Mymmmiulonexpires:-______
Jr My Commission FF 2077,g
• :zpues 04/10/2016
BUSINESS RELATIONSHIP AFFIDAVIT*
2`3w �
r..""
This Affidavit is made pursuant to Section 31.71(b)(2)(ii)of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that:
(mark with'C applicable portions only)
rl 1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which
the application will be presented.
I )2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory
Board to which the application will be presented,as follows.
(List name of Commissioner or Advisory Board Member) who serves on the
(List City Commission or City Advisory Board upon which member serves).
The nature of the Business Relationship is as follows
I] . Member of City Commission or Board holds an ownership interest in excess of 1%of total assets or capital stock
of Applicant or Representative,
I1 ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation which are not
listed on any national or regional stock exchange)or joint venturer with the Applicant or Representative in any
business venture;
[1 it The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another
professional working from the same office or for the same employer as the member of the City Commission or
Board.
I1 iv A City Commissioner or Board member is a Client of the Applicant or Representative:
I)v. The Applicant or Representative is a Customer of the member of the City Commission or Board(or of his or her
employer)and transacts more than$10,000.00 of the business of the member of the City Commission or Board(or
his or her employer)in a given calendar year;
1 vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts
more than$25,000.00 of the business of the Applicant or Representative in a given calendar year.
WITNESS MY HAND THIS 1 DAY OF 3)1.3e- ,20C
io
BPPLICANj^n ✓�✓
By. fill
(Signature)
Name: /Y'1cLit t M rrrrf, v (Aim)
Title A'- d r^ � (Print)`
WITNESS MY HAND THIS 11
t DM OF-----\.,) , ,2&$
PROPER I R:
By. i 4 (Signature)
Name: :LIMN (Piing)
Title: .1171MIn .ra (Pring)
"The terms "Business Relationship," "Client' "Customer," 'Applicant" 'Representative" and 'Interested Person"are defined in
Section 2-395 of the Aventura City Code.
WITNESS MY HAND THIS 27 DAY OF JO,.. 20k,
REPRESENTATI q eess Relationship Affidavit)
By.: (Signature) By: (Signature
Name. MI'Le( M")fru (Print) Name:___... _(Print)
Title:_ !T 7 0 rut (Prin Title: (Print)
By:__ Arfr o (Signature) By: (Signature
Name' h +,,
re eNerc:Cr) (Print) Name:_ (Punt)
Tt-
Title. A d f 1l ___(Print) Title: (Print)
By: (Signature) By: (Signature
Name. _(Punt) Name. _ (Pont)
Title: _(Print) Title: (Punt)
By. (Signature) By: _ (Signature
Title: -_ (Print) Tille: .(Pint)
Title. (Print) Title: (Pont)
By:_ (Signature) By:__ (Signature
Title: _ (Print) Title: (Pont)
Title: (Print) Title: (Pont)
By: (Signature) By: (Signature
Title: (Print) Title. (Print)
Title: (Print) Title: (Pont)
NOTE: 1) Use duplicate sheets if disclosure information for Representative varies
2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31-71(b)(2)(iv)of
the City's Land Development Regulations in the City Code, in the event that prior to consideration of the
application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or
incomplete.
•
NOTARIZATION PROVISION
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE) �q AAA
Before me,the undersigned authority,personally appeared M I Lh CA F.IRRf a the Affiant,who ••rig fi.• • e duly swan,did swear or affirm that he/she
executed this Affidavit for the purposes slated therein and that a is true and correct --- .
AFFIAN --
SWORN TO AND SUBSCRIBED before me this '� day of 20a7 i'
1i t Notary Public State o Florida N°��P,u,,b� S e of Florida At Large
Diana Ramos _ 14LML a
Vi • My Commission FF 207719 Printed Name o otary
ara� Expires 01/10/2019 My commission expires.
STATE OF FLORIDA --) - - - -
COUNTY OF MIAMI-DADE)
Btte me, e undersigned autho7Ø0 being firs y dul n dd swe affirm Ilial he/she
executed this Affidavit la the purposes stated therein and that its eue and correct.r
21
`/\ AFFIA
SWORN TO AND SUBSCRIBED bebre me this_'_ `day olJOrOt 201}
ie.,* Notary Pubhc State of Florida NolaVyAcA _ gbitlaLt L4arge
Diana Ramos
As My Commission FF 207719 Pnnted Name of Notary
ur Asif Expires 04/10/2019 My commission expires'._ ,_
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE) y
Bette me,the undersigned authority,personally appeared. AlsgfrT s�o ) .3 Affiant.who being first by me duly sworn,did swear or affirm that he/she
executed this Affidavit for the purposes staled(herein and that it is true and correct.
AFFIANT
SWORN TO AND SUBSCRIBED before me this _day of_ __.. 2Ct(0.
Notary Public State of Florida At Large
Printed Name of Notary
My commission expires:_.
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me,the undersigned authority,personally appeared . the— _ the Affanl.who being first by me duty sworn,did swear a affirm that he/she
executed this Affidavit for the purposes stated therein and that it is true and correct.
AFFIANT
SWORN TO AND SUBSCRIBED before me this. ___day of . _ .200_.
Notary Pubic State of Florida AI Large
Printed Name of Notary
My commission expires._ ,__ _
ORDINANCE NO. 2016-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING
SECTION 31-144 "BUSINESS ZONING DISTRICTS" OF THE CITY'S
LAND DEVELOPMENT REGULATIONS BY AMENDING SECTION 31-
144(C)(1), COMMUNITY BUSINESS (B2) DISTRICT TO ADD AN
ELECTRIC VEHICLE RETAIL SHOWROOM AS A PERMITTED USE IN
SHOPPING CENTERS WITH MORE THAN 1,000,000 SQUARE FEET
OF GROSS LEASABLE AREA, WITH HEIGHT NOT GREATER THAN
FIVE STORIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Aventura ("City. Commission") is
desirous of amending Section 31-144 "Business Zoning Districts" of Chapter 31 "Land
Development Regulations" of the Code of Ordinances ("City Code") to add an electric
vehicle retail showroom as a permitted use for parcels that include one or more
shopping center buildings with a total of more than 1,000,000 square feet of leasable
area and that do not exceed five stories in height; and
WHEREAS, the Business and Office future land use category applicable to the
proposed amendment provides that "...the specific range and intensity of uses
applicable in a particular Business and Office property is dependent upon the particular
land use, design, urban services, transportation, environmental and social conditions on
and around the subject property, including consideration of applicable goals, objectives
and policies of the Plan"; and
WHEREAS, the City Commission finds that the proposed amendment to Section
31-144 of the City Code to add an electric vehicle retail showroom as a permitted use
for a large scale shopping center in the B2, Community Business, District is consistent
with the applicable goals, objectives and policies of the City's Comprehensive Plan; 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
City of Aventura Ordinance No. 2016-
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 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
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 31-144 "Business 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. 31-144. — Business Zoning Districts.
(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.
(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. Strikethrough provisions constitute proposed
deletions to existing text.
Page 2 of 5
City of Aventura Ordinance No. 2016-
qq. Forparcels that include one or more shopping center buildings that contain a total
of more than 1,000,000 square feet of gross leasable area and do not exceed five
stories in height, an electric vehicle retail showroom conforming to the following criteria:
(a) no more than one j1) electric vehicle retail showroom shall be allowed on the
parcel, and
(b) no on-site vehicle storage/stock beyond the showroom and vehicles for test drives
shall be allowed, and
c) no more than six (6) electric vehicles produced by the electric vehicle motor company
shall be stored on site, outside of the showroom, to be used for test drive purposes, and
(d) no delivery of vehicles and/or service of vehicles shall be permitted on site, and
(e) prior to establishment of the use, a plan describing the proposed location of the test
drive vehicles, the proposed hours and proposed location of test drives shall be
submitted for review and approval of the City Manager. Such review and approval will
include, but is not limited to, consideration of traffic patterns and traffic conditions in the
parcel and in the City as a whole.
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.
Page 3 of 5
City of Aventura Ordinance No. 2016-
Section 5. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Commissioner , who moved
its adoption on first reading. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Enbar Cohen
Commissioner Teri Holzberg
Commissioner Marc Narotsky
Commissioner Robert Shelley
Commissioner Howard Weinberg
Vice Mayor Denise Landman
Mayor Enid Weisman
The foregoing Ordinance was offered by Commissioner , who moved
its adoption on second reading. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Enbar Cohen
Commissioner Teri Holzberg
Commissioner Marc Narotsky
Commissioner Robert Shelley
Commissioner Howard Weinberg
Vice Mayor Denise Landman
Mayor Enid Weisman
PASSED on first reading on this 12th day of July, 2016.
PASSED AND ADOPTED on this 6th day of September, 2016.
Page 4 of 5
City of Aventura Ordinance No. 2016-
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Ordinance was filed in the Office of the City Clerk this day of ,
2016.
Page 5 of 5