Ordinance No. 2016-14 Amending Code to Add a Conditional Use for Auto Parking Garages in B2 District - November 1, 2016 ORDINANCE NO. 2016-14
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.
WHEREAS, Section 31-144(c)(5)b. of the City of Aventura Code of Ordinances
("City Code") limits the height of buildings in the Community Business (B2) District to 12
stories or 120 feet except those portions of buildings which are within 200 feet of any
residential zone are limited to one foot of height for every two feet in distance from the
residential zoned plot unless the application of this requirement would limit the building
height to a minimum of 25 feet; and
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 a conditional
use for automobile parking garages located in the Community Business (B2) District
directly adjacent to an automobile parking garage located in a multifamily residential
zoning district and to clarify the height restriction in the District's site development
standards; and
WHEREAS, the City Commission finds that the proposed amendments to
Section 31-144 of the City are 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 hearings and has recommended approval to the City
Commission; and
City of Aventura Ordinance No. 2016-14
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 (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.
***
"Section 31-144(c) — Business Zoning Districts.
***
(c) Community Business (B2) District.
***
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. 2016-14
(2) Conditional use. The following uses if first approved as a conditional use:
n. Automobile parking garages located directly adjacent to an automobile parking
garage located in a multifamily residential zoning district that do not meet the height and
distance requirement of Section 31-144(c)(5)b. and that include the following design
elements:
(i) the automobile parking garage is the same height or less than an existing or
approved automobile parking garage located on an adjacent residential plot; and
(ii) the top level of the automobile parking garage is completely screened from view of
the adjacent residential plot; and
(iii) the openings along the exterior perimeter walls of the automobile parking garage
walls within 200 feet of a residential zoned plot shall be screened to minimize adverse
effects on the adjacent residential lot.
***
(5) Site development standards.
***
b. Maximum height: 12 stories or 120 feet overall maximum height, including structure
parking, provided that a height limitation of five stories shall apply only for shopping
center buildings which are subject to subsection (5)a.4. above. That portion of the
building or structure directly adjacent to and within 200 feet of any residential zone
shall be subject to a height limitation of one foot for every two feet in distance from the
residential zoned plot unless the application of this requirement would limit the building
height to a minimum of 25 feet, excepting from this height and spacing requirement an
automobile parking garage approved as a conditional use pursuant to Section 31-
144(c)(2)n.
***
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
Page 3 of 5
City of Aventura Ordinance No. 2016-14
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 Holzberg, 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 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 Holzberg, who moved its
adoption on second reading. This motion was seconded by Commissioner Landman
and upon being put to a vote, the vote was as follows:
Commissioner Teri Holzberg Yes
Commissioner Denise Landman Yes
Commissioner Dr. Linda Marks Yes
Commissioner Robert Shelley Yes
Commissioner Howard Weinberg Yes
Vice Mayor Marc Narotsky Yes
Mayor Enid Weisman Yes
Page 4 of 5
City of Aventura Ordinance No. 2016-14
PASSED on first reading on this 6th day of September, 2016.
PASSED AND ADOPTED on this 1st day of November, 2016.
•
ENID` -EISMAN, MAYOR
-, `fir.
r J h t) \ 0�
9 QR .S
ATTEST:
�sjf l/
ELLISA L. HORVAT , C
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
11---1(kin (C11/4411
CITY ATTORNEY
This Ordinance was filed in the Office of the City Clerk this ( day of I ., 2016.
Page 5 of 5