11-01-2016 LPACity Commission
]Enid Weisman, Mayor
Teri Hollzberg, Commissioner
Denise Landman, Commissioner
Dr. Linda Marks, Commissioner
Marc Narotsky, Commissioner
Robert Shelley, Commissioner
Howard Weinberg, Commissioner
-3
City Manager
Eric Mo Soroka, 1CMA-CM
Citi Clerk
Lllllisa Lo Horvath, MMC
Citi Attorney
Weiss Scrota Helffmam
Cole & Bierman
LOCAL PLANNING AGENCY
MEETING AGENDA
NOVEMBER 1, 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 ORDINANCES:
A. 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.
B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING
SECTION 31-144 `BUSINESS ZONING DISTRICTS" OF ARTICLE VII "USE
REGULATIONS" OF CHAPTER 31 "LAND DEVELOPMENT REGULATIONS" OF
THE CITY CODE, BY AMENDING SECTION 31-144(f) "MEDICAL OFFICE (MO)
DISTRICT" OF THE CITY'S LAND DEVELOPMENT REGULATIONS BY
AMENDING SECTION 31-144(f)(1), "USES PERMITTED", BY AMENDING
SECTION 31-144(f)(2), "CONDITIONAL USE" AND BY AMENDING SECTION 31-
144(f)(3), "USES PROHIBITED"; PROVIDING FOR SEVERABILITY; PROVIDING
FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE.
5. ADJOURNMENT
AVENTURA LOCAL PLANNING AGENCY MEETING AGENDA
NOVEMBER 1, 2016
PAGE 2
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 Aventara Advisory Boards may be in attendance and may participate at the meeting. Anyone
wishing to appeal any decision made by the Aventara 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 Aventara Government Center, 19200 W.
Country Club Drive, Aventara, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact
the City Clerk at 305-466-8901.
City Of MINUTES
Avefltura'ThGovernment Center
LOCAL PLANNING AGENCY 19200 W.Country club Drive
MEETING Aventura, Florida 33180
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).
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 November 1, 2016.
Page 2 of 2
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, IC
City Manager
BY: Joanne Carr, AICP S.'
Community Development Director
DATE: October 27, 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)
November 1, 2016 Local Planning Agency Agenda Item 44
November 1, 2016 City Commission Meeting Agenda Items
November 17, 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 (B2) 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:
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
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 Denise Landman
Commissioner Dr. Linda Marks
Commissioner Marc Narotsky
Commissioner Robert Shelley
Commissioner Howard Weinberg
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 Denise Landman
Commissioner Dr. Linda Marks
Commissioner Marc Narotsky
Commissioner Robert Shelley
Commissioner Howard Weinberg
Mayor Enid Weisman
Page 5 of 6
City of Aventura Ordinance No. 2016-
PASSED on first reading this 1st day of November, 2016.
PASSED AND ADOPTED on second reading this 17th 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
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commis
FROM: Eric M. a, ICMA-CM
City Ma r•
BY: Joanne Carr, AICei
Community Development Director
DATE: October 27, 2016
SUBJECT: Application to Amend Section 31-144(f)(1), Section 31-144(0(2) and Section
31-144(0(3) of the Land Development Regulations to amend permitted uses,
to add new conditional uses and amend prohibited uses in the Medical Office
(MO) zoning district (04-LDR-16)
November 1, 2016 Local Planning Agency Agenda Item 415
November 1, 2016 City Commission Meeting Agenda Item 15
January 10, 2017 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission approve an amendment to Section 31-
144(0(1), Section 31-144(0(2), and Section 31-144(0(3) of the Medical Office (MO) District
to amend permitted uses, to amend and add conditional uses and to amend prohibited
uses in order to facilitate development of the district.
BACKGROUND
The Medical Office (MO) District encompasses properties lying in the triangle between
Biscayne Boulevard to east, East Dixie Highway to the west, NE 206 Street to the south
and NE 214 Terrace to the north. The district regulations were adopted in July of 1999 as
part of the original Land Development Regulations. This district requires a minimum lot
size of 1.5 acres for the properties lying north of NE 209 Street. The original plats of the
area laid out 110 long by 33 wide, or 3300 square foot, lots and although several larger
parcels have been assembled over the years, most of the remaining ownerships are less
than the required 1.5 acres which has resulted in slow development.
City staff review of the current ownership pattern in the north portion of the Medical Office
district shows that 21 of the 29 parcels are less than 1.5 acres. These 21 parcels range in
size from 0.07 acres to 1.23 acres. In order to facilitate development, City staff is
recommending the following amendments and additions to the permitted, conditional and
prohibited uses in the district.
These amendments and additions were discussed at the City Commission workshop
meetings of September 15, 2016 and October 20, 2016.
DESCRIPTION OF THE PROPOSED AMENDMENT
The proposed amendment to Section 31-144(0(1), Uses Permitted, Section 31-144(0(2),
Conditional Use and Section 31-144(0(3), Uses Prohibited, of Chapter 31, Article VII., Use
Regulations, follow. Proposed additions are shown in underlined text and proposed
deletions are shown in stricken through text.
"Section 31-144 — Business Zoning Districts.
(0 Medical Office (MO) District.
(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:
a. Business/professional offices.
b. Hospitals (not to exceed 20 stories or 200 feet in height).
c. Nursing homes.
d. Medical laboratories.
e. Laboratories for medical research and development, including the use of
medical laboratory equipment and devices.
f. Dental and medical offices.
g. Banks, savings and loans (no drive-in tellers).
h. Restaurants acccc..ory to primary uccc with +no drive-in facilities) that
are part of a non-residential or multifamily residential building
i. Pharmacies, limited to drugs and medical supplies, except if first approved
as a conditional use pursuant to Section 31-144(f)(2)o.
j. Hotels, motels, resorts and time share units, subject to the following:
1. The minimum plot area shall be 1.5 acres, except if first approved as
a conditional use pursuant to Section 31-144(f)(2)n.
2. The minimum floor area of a rental sleeping room in a motel or hotel,
which includes all areas to be individually rented by a customer, shall be
300 square feet.
k. Uses generally accessory to the above principal uses. Accessory uses
are those uses that are associated with the principal use(s) and which
provide service primarily to employees and patrons of the office park. The
accumulative total of all accessory uses shall be limited to a maximum of 15
2
percent of the total gross interior square footage of the buildings proposed for
the site. Such uses shall have no outside advertising.
I. ALF.
(2) Conditional use. The following uses if first approved as a conditional use:
a. Business-related schools.
b. Multi-family residential uses with a maximum density of 35 dwelling units
per gross acre and with a minimum lot area of two gro;c acrcs.between 1.0
to 1.5 acres, provided that a building permit for the development is obtained
within 24 months of the date of conditional use approval. Failure to obtain a
building permit within this time limit will void the conditional use approval.
c. Uses that exceed the height limitations.
d. Retail uses with a minimum lot ar a of two grorc acreaas part of a non-
residential or multifamily residential development, when such retail uses do
not exceed 15% of the total gross interior square footage of the building.
e. Drive-through facility.
f. Heliport landing site.
g. Automobile parking garages, exceeding two stories but not over six
stories in height, as a stand-alone use.
h. All uses permitted in the CF District.
i. For those properties lying between NE 206 Street to the south, NE 209
Street to the north, NE 28 Avenue to the east and East Dixie Highway to the
west, the following additional uses may be permitted if first approved as a
conditional use:
1 . Uses that exceed the maximum floor area ratio.
2. Uses that do not meet the open space requirements of this district,
upon payment of a fee-in-lieu of open space to be used for public park
improvements. The amount of such fee shall be determined by the City
Manager based on the appraised value of the land and the amount of
reduction in open space requested, provided, however, that the amount
of open space shall not be reduced below 15 percent of the total lot area
and that the development complies with the Streetscape Design
Standards of this section.
j. Self-service storage facilities with a minimum lot area of 1.5 acres.
k. 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.
3
I. 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.
m. For multifamily residential buildings in this district that attain LEED Gold
or Platinum certification as provided in article VI of chapter 14 of the City
Code, increased density to a maximum of 45 dwelling units per acre.
n. Pharmacies not limited to drugs and medical supplies.
o. Uses that do not meet the minimum lot area and width in Section 31-
144(f)(4)a., provided that the lot area is no less than 1.0 acres, including right
of way dedications, and provided that a building permit for the development is
obtained within 24 months of the date of conditional use approval. Failure to
obtain a building permit within this time limit will void the conditional use
approval..
p. For those properties lying between NE 213 Street to the south, NE 214
Terrace to the north, NE 29 Avenue to the east and East Dixie Highway to
the west, the following reduced yard setbacks may be permitted if first
approved as a conditional use and provided that a building permit for the
development is obtained within 24 months of the date of conditional use
approval. Failure to obtain a building permit within this time limit will void the
conditional use approval.
a. Minimum front yard setback shall be ten feet in depth for the first
two stories of the structure and 15 feet in depth for any additional
stories.
b. Minimum street side yard setback shall be ten feet in depth for
the first two stories and 15 feet for additional stories.
c. Minimum rear yard setback shall be ten feet in depth.
(3) Uses prohibited. Except as specifically permitted in this section, the following
uses are expressly prohibited as either principal or accessory uses:
a. Adult entertainment.
b. Retail uses on a lot less than two gross acres as a stand alone use.
c. Industrial uses.
ANALYSIS OF STANDARDS FOR REVIEW OF PROPOSED TEXT AMENDMENTS
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.
4
The proposed amendment is legally required to implement the requested revisions and
additions to the Medical Office (MO) District.
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, specifically, Objective 1 and its measure of the Land Use Goal in
the Future Land Use Element which states that "the Land Development Regulations
shall provide a cohesive blueprint for development and redevelopment of the City that
accommodates growth while maintaining the integrity of the built and natural
environment." The proposed amendment is also consistent with Objective 10 of the
Land Use Goal which states that the City "shall continue to maintain, update and
enhance the municipal code, administrative regulations and procedures, to ensure that
future land use and development is consistent with the Plan and to promote better
planned development and communities with well designed buildings."
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. The
proposed amendment is consistent with this purpose.
4. The proposed amendment furthers the orderly development of the City.
The proposed amendment furthers the orderly development of the City by establishing
standards for review and approval of development of land.
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 by which to approve
development or redevelopment projects in the City.
5
ORDINANCE NO. 2016-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING
SECTION 31-144 "BUSINESS ZONING DISTRICTS" OF ARTICLE VII
"USE REGULATIONS" OF CHAPTER 31 "LAND DEVELOPMENT
REGULATIONS" OF THE CITY CODE, BY AMENDING SECTION 31-
144(f) "MEDICAL OFFICE (MO) DISTRICT" OF THE CITY'S LAND
DEVELOPMENT REGULATIONS BY AMENDING SECTION 31-
144(f)(1), "USES PERMITTED", BY AMENDING SECTION 31-144(0(2),
"CONDITIONAL USE" AND BY AMENDING SECTION 31-144(0(3),
"USES PROHIBITED"; 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 revising Section 31-144(f) "Medical Office (MO) District" of Chapter 31 "Land
Development Regulations" of the Code of Ordinances ("City Code") to amend Section
31-144(f)(1), "Uses Permitted", to amend Section 31-144(f)(2), "Conditional Use", and to
amend Section 31-144(0(3), "Uses Prohibited", to facilitate development and
redevelopment of the district; and
WHEREAS, the City Commission finds that the proposed amendment to Section
31-144(f) of the City Code to amend permitted uses, to amend conditional uses and to
amend prohibited uses in the Medical Office (MO) 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
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(f) 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
City of Aventura Ordinance No. 2016-
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 by amending Paragraph (f) "Medical
Office (MO) District", to read as follows':
"Section 31-144 — Business Zoning Districts.
***
(f) Medical Office (MO) District.
(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:
a. Business/professional offices.
b. Hospitals (not to exceed 20 stories or 200 feet in height).
c. Nursing homes.
d. Medical laboratories.
e. Laboratories for medical research and development, including the use
of medical laboratory equipment and devices.
f. Dental and medical offices.
g. Banks, savings and loans (no drive-in tellers).
h. Restaurants, accessory to primary uccc with (no drive-in facilities)7,that
are part of a non-residential or multifamily residential building
i. Pharmacies, limited to drugs and medical supplies, except if first
approved as a conditional use pursuant to Section 31-144(f)(2)o.
j. Hotels, motels, resorts and time share units, subject to the following:
1. The minimum plot area shall be 1.5 acres, except if first approved
as a conditional use pursuant to Section 31-144(f)(2)n.
Underlined provisions constitute proposed additions to existing City Code text. Stricken through provisions
constitute proposed deletions to existing City Code text.
Page 2 of 6
City of Aventura Ordinance No. 2016-
2. The minimum floor area of a rental sleeping room in a motel or
hotel, which includes all areas to be individually rented by a customer,
shall be 300 square feet.
k. Uses generally accessory to the above principal uses. Accessory uses
are those uses that are associated with the principal use(s) and which
provide service primarily to employees and patrons of the office park. The
accumulative total of all accessory uses shall be limited to a maximum of
15 percent of the total gross interior square footage of the buildings
proposed for the site. Such uses shall have no outside advertising.
I. ALF.
(2) Conditional use. The following uses if first approved as a conditional use:
a. Business-related schools.
b. Multi-family residential uses with a maximum density of 35 dwelling
units per gross acre and with a minimum lot area of two gro°e
asres.between 1.0 to 1.5 acres, provided that a building permit for the
development is obtained within 24 months of the date of conditional use
approval. Failure to obtain a building permit within this time limit will void
the conditional use approval.
c. Uses that exceed the height limitations.
d. Retail uses with a minimum lot arca of two grocs acres.as part of a
non-residential or multifamily residential development, when such retail
uses do not exceed 15% of the total gross interior square footage of the
building.
e. Drive-through facility.
f. Heliport landing site.
g. Automobile parking garages, exceeding two stories but not over six
stories in height, as a stand-alone use.
h. All uses permitted in the CF District.
i. For those properties lying between NE 206 Street to the south, NE 209
Street to the north, NE 28 Avenue to the east and East Dixie Highway to
the west, the following additional uses may be permitted if first approved as
a conditional use:
1. Uses that exceed the maximum floor area ratio.
2. Uses that do not meet the open space requirements of this district,
upon payment of a fee-in-lieu of open space to be used for public park
improvements. The amount of such fee shall be determined by the City
Manager based on the appraised value of the land and the amount of
reduction in open space requested, provided, however, that the
amount of open space shall not be reduced below 15 percent of the
total lot area and that the development complies with the Streetscape
Design Standards of this section.
j. Self-service storage facilities with a minimum lot area of 1.5 acres.
k. 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
Page 3 of 6
City of Aventura Ordinance No. 2016-
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.
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.
m. For multifamily residential buildings in this district that attain LEED Gold
or Platinum certification as provided in article VI of Chapter 14 of the City
Code, increased density to a maximum of 45 dwelling units per acre.
n. Pharmacies not limited to drugs and medical supplies.
o. Uses that do not meet the minimum lot area and width in Section 31-
144(f)(4)a., provided that the lot area is no less than 1.0 acres, including
right of way dedications, and provided that a building permit for the
development is obtained within 24 months of the date of conditional use
approval. Failure to obtain a building permit within this time limit will void
the conditional use approval.
p. For those properties lying between NE 213 Street to the south, NE 214
Terrace to the north, NE 29 Avenue to the east and East Dixie Highway to
the west, the following reduced yard setbacks may be permitted if first
approved as a conditional use and provided that a building permit for the
development is obtained within 24 months of the date of conditional use
approval. Failure to obtain a building permit within this time limit will void
the conditional use approval.
a. Minimum front yard setback shall be ten feet in depth for the
first two stories of the structure and 15 feet in depth for any
additional stories.
b. Minimum street side yard setback shall be ten feet in depth for
the first two stories and 15 feet for additional stories.
c. Minimum rear yard setback shall be ten feet in depth.
(3) Uses prohibited. Except as specifically permitted in this section, the
following uses are expressly prohibited as either principal or accessory uses:
a. Adult entertainment.
b. Retail uses on a lot Ie&e than two grof acre& as a stand alone use.
c. Industrial uses.
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.
Page 4 of 6
City of Aventura Ordinance No. 2016-
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 , 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 Denise Landman
Commissioner Dr. Linda Marks
Commissioner Marc Narotsky
Commissioner Robert Shelley
Commissioner Howard Weinberg
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 Denise Landman
Commissioner Dr. Linda Marks
Commissioner Marc Narotsky
Commissioner Robert Shelley
Commissioner Howard Weinberg
Mayor Enid Weisman
Page 5 of 6
City of Aventura Ordinance No. 2016-
PASSED on first reading this 1st day of November, 2016.
PASSED AND ADOPTED on second reading this 10th day of January, 2017.
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 , 2017.
Page 6 of 6