Ordinance No. 2016-11 Amending Code Section 31-144 to Add Electric Vehicle Retail Showroom as Permitted Use - September 6, 2016 ORDINANCE NO. 2016-11
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. 2016-11
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 follows1:
* *
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.
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City of Aventura Ordinance No. 2016-11
gg. 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.
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.
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City of Aventura Ordinance No. 2016-11
Section 5. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Commissioner Landman, who moved its
adoption on first reading. This motion was seconded by Commissioner Shelley and
upon being put to a vote, the vote was as follows:
Commissioner Enbar Cohen Absent
Commissioner Teri Holzberg Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Commissioner Howard Weinberg Yes
Vice Mayor Denise Landman Yes
Mayor Enid Weisman Yes
The foregoing Ordinance was offered by Commissioner Shelley, who moved its
adoption on second reading. This motion was seconded by Commissioner Weinberg
and upon being put to a vote, the vote was as follows:
Commissioner Teri Holzberg Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Commissioner Howard Weinberg Yes
Vice Mayor Denise Landman Yes
Mayor Enid Weisman Yes
PASSED on first reading on this 12th day of July, 2016.
PASSED AND ADOPTED on this 6th day of September, 2016.
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City of Aventura Ordinance No. 2016-11
ENID WEISMAN, MAYOR
ov
_ _ ,1
Ey,
ATTEST:
ELLISA L. HORVA ' C
CITY CLERK
APPROVED AS TO LEGAL SUFFICIEN Y:
CITY ATTO N Y
This Ordinance was filed in the Office of the City Clerk this IS day of
2016.
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