10-06-2016 LPACity Commission
Enid Weisman, Mayor
Denise Landman, Vice Mayor
Teri Hoizberg, Commissioner
Dr. Linda Marks, Commissioner
Marc Narotsky, Commissioner
Robert Shelley, Commissioner
Hotivard Weinberg, Commissioner
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City Manager
]Eric M. Soroka, 1CMA-CM
City Clerk
]Ellllisa leo Horvath, MMC
City Attorney
Weiss Scrota Helfman
Cole & Bierman
LOCAL PLANNING AGENCY
MEETING AGENDA
OCTOBER 6, 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: September 6, 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)(5)A., COMMUNITY BUSINESS
(112) DISTRICT TO ALLOW INCREASED LOT COVERAGE FOR SHOPPING
CENTERS WITH MORE THAN 1,000,000 SQUARE FEET OF GROSS LEASABLE
AREA, WITH HEIGHT NOT GREATER THAN FIVE STORIES AND THAT ENTER
INTO AN AGREEMENT WITH THE CITY TO PROVIDE MAJOR
TRANSPORTATION IMPROVEMENTS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; 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.
The City
of MINUTESAventura Government Center
LOCAL PLANNING AGENCY 19200 W.Country Club Drive
MEETING Aventura, Florida 33180
�...moIP I SEPTEMBER 6, 2016 AT 6 PM
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
Denise Landman, Commissioner Teri Holzberg, Commissioner Marc Narotsky,
Commissioner Robert Shelley, 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 previously done at the First
Budget Hearing.
3. APPROVAL OF MINUTES: A motion to approve the minutes of the July 12,
2016 minutes was offered by Commissioner Holzberg, seconded by Commissioner
Narotsky, and unanimously passed by roll call vote.
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 SECTION
31-144 `BUSINESS ZONING DISTRICTS" OF THE CITY'S LAND DEVELOPMENT
REGULATIONS BY AMENDING SECTION 31-144(c)(2) AND SECTION 31-144(c)(5)b.,
COMMUNITY BUSINESS (B2) DISTRICT, TO ADD A CONDITIONAL USE FOR
AUTOMOBILE PARKING GARAGES IN THE COMMUNITY BUSINESS (B2)
DISTRICT WHEN LOCATED DIRECTLY ADJACENT TO AN AUTOMOBILE
PARKING GARAGE LOCATED IN A MULTIFAMILY RESIDENTIAL ZONING
DISTRICT AND TO CLARIFY THE HEIGHT RESTRICTION IN THE B2 DISTRICT
SITE DEVELOPMENT STANDARDS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; 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 Commissioner
Narotsky and seconded by Commissioner Holzberg.
Community Development Director Joanne Carr addressed the Commission and entered
the staff report into the record, which recommended approval, pursuant to Section 2 of
the Ordinance.
The following addressed the Commission representing the Applicant: Stanley Price,
Esq. — Bilzin Sumberg Baena Price & Axelrod LLP (1450 Brickell Avenue, Suite 2300,
Miami).
I
City of Aventura Local Planning Agency Meeting Minutes
September 6,2016
Mayor Weisman opened the public hearing. There being no speakers, the public
hearing was closed.
Commissioner Shelley disclosed that Bilzin Sumberg Baena Price & Axelrod LLP
represents him privately on certain business matters.
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 Narotsky,
seconded by Commissioner Holzberg and unanimously passed; thereby, adjourning the
meeting at 6:11 p.m.
Ellisa L. Horvath, MMC, City Clerk
Approved by the Local Planning Agency on October 6, 2016.
Page 2 of 2
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, I•
City Manager
BY: Joanne Carr, AIC'
Community Develop ' - Director
DATE: September 15, 2016
SUBJECT: Application to Amend Section 31-144(c)(5)a.4 of the Land Development
Regulations to add a provision for increased lot coverage for specific uses
(05-LDR-16)
October 6, 2016 Local Planning Agency Agenda Item 3
October 6, 2016 City Commission Meeting Agenda Item 1
November 1, 2016 City Commission Meeting Agenda Item _
RECOMMENDATION
It is recommended that the City Commission approve the request for an amendment to
Section 31-144(c)(5)a.4 of the Community Business (B2) District of the Land Development
Regulations to add to that section, a provision for an increase in lot coverage by an
amount up to 3 percent, to a maximum of 48% of the total lot area, for parcels that include
one or more shopping center buildings that contain more than 1,000,000 square feet of
gross leasable area and do not exceed five stories in height, if the parcel owner(s) enter
into an agreement with the City to provide major transportation improvements that are
recommended by the City Manager and that may include linkage to railway passenger
service and/or other linkage to a regional transportation facility.
THE REQUEST
The requested increase in lot coverage results from a dispute between the two owners of
the Aventura Mall parcel. Each owner is asserting development rights to its individual
parcel. As a resolution to that dispute, City staff is recommending approval of an
ordinance to allow a lot coverage increase from 45%, up to a maximum of 48% for parcels
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 stories in height with the
condition that the owners enter into an agreement with the City to provide major
transportation improvements that are recommended by the City Manager. The
improvements may consist of a link to railway passenger service and/or other linkage to a
regional transportation facility. The agreement must be in a form satisfactory to the City
Manager and City Attorney and will not be effective unless approved by motion or
resolution of the City Commission.
This matter was discussed at the September 15, 2016 City Commission workshop.
BACKGROUND
The overall Aventura Mall site consists of approximately 97.96 acres. Approximately
85.66 acres is owned by Aventura Mall Venture and the remaining 12.30 acres is owned
by Seritage Growth Properties (formerly Sears). The Aventura Mall Venture expansion is
currently under construction. Seritage has applied for administrative site plan approval to
redevelop its site. The two plans combined propose an overall lot coverage of 48%.
Maximum lot coverage currently allowed by Section 31-144(c)(5)a.4 of the City Code is
45%.
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.
(5) Site development standards.
a. Floor area ratio and lot coverage and minimum landscaped open space
requirements:
nie
4. For parcels that include one or more shopping center buildings, the
maximum lot coverage shall not exceed 45% of the total lot area, provided that
such shopping center buildings contain more than 1,000,000 square feet of gross
leasable area and do not exceed five stories in height and that the shopping center
building provides a centralized multi-modal transportation facility which is enclosed
2
within a parking structure, and which may be used by: City transit providers, County
transit providers, any other governmental entities requesting use of the facility and
private transit providers. The maximum lot coverage may be increased by an
amount up to 3 percent, to a total not exceeding 48% of the total lot area, if the
parcel owner(s) enter into an agreement with the City to provide major
transportation improvements that are recommended by the City Manager and that
may include linkage to railway passenger service and/or other linkage to a regional
transportation facility. Such agreement shall allocate the additional lot coverage
obtained under this section, shall be in a form satisfactory to the City Manager and
City Attorney, and shall not be effective unless approved by motion or resolution of
the City Commission.
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 goal to provide a safe and efficient multimodal
transportation system to serve the needs of the City. This proposed amendment is
consistent with both the language of the Business and Office future land use category
and with the Transportation Goal in that the amendment requires that the parcel
owner(s) enter into an agreement with the City to provide major transportation
improvements that will enhance a safe and efficient transportation system within the
City.
3
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.
Further, the LDRs are adopted in order to foster and preserve public health, safety and
welfare and to aid in the harmonious, orderly and progressive development and
redevelopment of the City. The proposed amendment is consistent with this purpose.
The proposed amendment will aid in the harmonious, orderly and progressive
redevelopment of the City.
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.
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 and a process by which to
approve development or redevelopment of a property within the Community Business
District.
4
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)(5)A., COMMUNITY BUSINESS (B2) DISTRICT TO ALLOW
INCREASED LOT COVERAGE FOR SHOPPING CENTERS WITH
MORE THAN 1,000,000 SQUARE FEET OF GROSS LEASABLE AREA,
WITH HEIGHT NOT GREATER THAN FIVE STORIES AND THAT
ENTER INTO AN AGREEMENT WITH THE CITY TO PROVIDE MAJOR
TRANSPORTATION IMPROVEMENTS; 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 31-144 "Business Zoning Districts" of Chapter 31 "Land
Development Regulations" of the Code of Ordinances ("City Code") to provide that lot
coverage may be increased by an amount up to 3%, to a total of 48% of the total lot
area, for parcels that include one or more shopping center buildings with more than
1,000,000 square feet of gross leasable area and do not exceed five stories in height, if
the parcel owner(s) enter into an agreement with the City to provide major
transportation improvements in the City; 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 the Transportation Goal in the Transportation Element
of the City's Comprehensive Plan is "...to provide a safe and efficient multimodal
transportation system to serve the needs of the City..."; and
WHEREAS, the City Commission finds that the proposed amendment to Section
31-144 of the City Code to provide increased lot coverage for large-scale shopping
City of Aventura Ordinance No. 2016-
center parcels that provide major transportation improvements 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
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.
Page 2 of 6
City of Aventura Ordinance No. 2016-
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 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.
(5) Site development standards.
a. Floor area ratio and lot coverage and minimum landscaped open
space requirements:
1. For all buildings: Any structure 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.
2. The floor area ratio shall be 0.40 at one story and shall be
increased by 0.11 for each additional story. Structure parking shall not count as
part of the floor area, but shall be counted in computing building height. The total
lot coverage permitted for all buildings on the site shall not exceed 40 percent of
the total lot area, except as provided in Subsection 4. below. The floor area ratio
shall not exceed 2.0 for all buildings in this district in conformance with the
comprehensive plan.
3. For shopping center buildings with more than 1,000,000 square feet
of gross leasable area that provide public amenities including, but not limited to,
public plazas, fountains or other water features, seating areas and recreational
walking areas and that do not exceed five stories in height, the minimum
landscaped open space shall be 15 percent of the total lot area. Said open space
shall be extensively landscaped with grass, trees and shrubbery in accordance
with a landscape plan to be approved by the City Manager. The non-leasable
I Underlined provisions constitute proposed additions to existing text. Strikethrough provisions constitute proposed
deletions to existing text.
Page 3 of 6
City of Aventura Ordinance No. 2016-
areas within enclosed or non-enclosed malls which are landscaped with grass,
trees and/or shrubbery, water areas therein, and areas therein with permanent
art display areas may be used as part of the required landscaped open space
provided such areas do not exceed ten percent of the required landscaped open
space.
4. For parcels that include one or more shopping center buildings, the
maximum lot coverage shall not exceed 45% of the total lot area, provided that
such shopping center buildings contain more than 1,000,000 square feet of gross
leasable area and do not exceed five stories in height, and that the shopping
center building provides a centralized multi-modal transportation facility which is
enclosed within a parking structure, and which may be used by City transit
providers, County transit providers, any other governmental entities requesting
use of the facility and private transit providers. The maximum lot coverage may
be increased by an amount up to 3 percent, to a total not exceeding 48% of the
total lot area, if the parcel owner(s) enter into an agreement with the City to
provide maior transportation improvements that are recommended by the City
Manager and that may include linkage to railway passenger service and/or other
linkage to a regional transportation facility. Such agreement shall allocate the
additional lot coverage obtained under this section, shall be in a form satisfactory
to the City Manager and City Attorney, and shall not be effective unless approved
by motion or resolution of the City Commission.
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 4 of 6
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 was as follows:
Commissioner Teri Holzberg
Commissioner Dr. Linda Marks
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 was as follows:
Commissioner Teri Holzberg
Commissioner Dr. Linda Marks
Commissioner Marc Narotsky
Commissioner Robert Shelley
Commissioner Howard Weinberg
Vice Mayor Denise Landman
Mayor Enid Weisman
Page 5 of 6
City of Aventura Ordinance No. 2016-
PASSED on first reading this 6th day of October, 2016.
PASSED AND ADOPTED on second reading this 1st day of November, 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 6 of 6