Ordinance No. 2017-01 Amending Section 31-144(f) Medical Office District - January 10, 2017 ORDINANCE NO. 2017-01
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()(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. 2017-01
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, . __- e e _ --_ _ - 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.
Underlined provisions constitute proposed additions to existing City Code text. Stricken—through provisions
constitute proposed deletions to existing City Code text.
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City of Aventura Ordinance No. 2017-01
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----gross
acres.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 • • - e -. _ • _ _ _ _ _ - .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
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City of Aventura Ordinance No. 2017-01
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 e- . e - . e e . . - 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.
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City of Aventura Ordinance No. 2017-01
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 Shelley, who moved its
adoption on first reading. This motion was seconded by Vice Mayor Narotsky, and upon
being put to a vote was as follows:
Commissioner Teri Holzberg Yes
Commissioner Denise Landman No
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 Shelley, who moved its
adoption on second reading. This motion was seconded by Commissioner Mezrahi, and
upon being put to a vote was as follows:
Commissioner Denise Landman No
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. 2017-01
PASSED on first reading this 1st day of November, 2016.
PASSED AND ADOPTED on second reading this 10th day of January, 2017.
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ENID WEISMAN, MAYOR
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ATTEST:
ELLISA L. HORVATC
CITY CLERK
APPROVED A, TO LEGAL SUFFICIENCY:
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CITY ATTORNEY
This Ordinance was filed in the Office of the City Clerk this :1 '1 day of .)G'4 ? , 2017.
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