Ordinance No. 2016-15 Amending Section 31-144 to Allow Increased Lot Coverage for Shopping Centers More Than 1,000,000 Square Footage - November 17, 2016 ORDINANCE NO. 2016-15
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. 2016-15
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.
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City of Aventura Ordinance No. 2016-15
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 followst:
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.
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City of Aventura Ordinance No. 2016-15
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 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.
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. 2016-15
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 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
The foregoing Ordinance was offered by Commissioner Landman, who moved its
adoption on second reading. This motion was seconded by Commissioner Shelley, and
upon being put to a vote was as follows:
Commissioner Denise Landman Yes
Commissioner Dr. Linda Marks Yes
Commissioner Gladys Mezrahi Yes
Commissioner Robert Shelley Yes
Commissioner Howard Weinberg Yes
Vice Mayor Marc Narotsky Yes
Mayor Enid Weisman Yes
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City of Aventura Ordinance No. 2016-15
PASSED on first reading this 1st day of November, 2016.
PASSED AND ADOPTED on second reading this 17th day of November, 2016.
fil.)cC-e.,d-1,-
ENID WEISMAN, MAYOR
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ATTEST:
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ELLISA L. HORVAT MC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY , IA I
This Ordinance was filed in the Office of the City Clerk this (l day of •IY(JV• , 2016.
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