Ordinance No. 2018-11 Amending Code Section 31-143(F)(3)B to Add Public or Private Waterways and Docks to Sun Shadow Exemption - June 12, 2018 ORDINANCE NO. 2018-11
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING
SECTION 31-143 "RESIDENTIAL ZONING DISTRICTS" OF THE CITY'S
LAND DEVELOPMENT REGULATIONS BY AMENDING SECTION 31-
143(F)(3)B., MULTIFAMILY HIGH DENSITY RESIDENTIAL (RMF4)
DISTRICT, TO ADD PUBLIC OR PRIVATE WATERWAYS AND DOCKS
TO THE SUN SHADOW EXEMPTION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the applicant, YCM Acquisitions LLC, through Application No. 01-
LDR-18, is requesting an amendment to Section 31-143 "Residential Zoning Districts" of
Chapter 31 "Land Development Regulations" of the Code of Ordinances ("City Code") to
add public or private waterways and docks to the sun shadow exemption in Section 31-
143(f)(3)b.; and
WHEREAS, the City Commission finds that the proposed amendment to Section
31-143 of the City Code to add public or private waterways and docks to the sun
shadow exemption 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 31-143 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. 2018-H
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 31-143 "Residential 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. 31-143. — Residential Zoning Districts.
***
(f) Multifamily High Density Residential Districts (RMF4). The following regulations shall apply
to all RMF4 Districts.
(1) Purpose of districts. The purpose and intent of this district is to provide suitable sites for
the development of well-planned, environmentally compatible medium-high density multifamily
residential use in areas consistent with the City's Comprehensive Plan Future Land Use
Element. Densities shall not exceed 45 units per gross acre.
***
(3) Site development standards.
a. Minimum lot area and width:
1. Duplexes, townhouses, low-and mid-rise [apartments]: As required in the
RMF3 and RMF3A Zoning Districts.
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. 2018-1 1
2. High-rise apartments: Not less than 100 feet in width and 16,000 square
feet in plot area.
b. Maximum height:
1. Duplexes: Two stories or 25 feet.
2. Townhouses: Three stories or 35 feet.
3. High-rise apartments: 25 stories or 250 feet.
Each proposed building or structure which exceeds 100 feet in height shall be designed
and situated such that the shadow created by the sun at 12:00 noon on December 21 (a
sun angle of 41 degrees) will not fall on any adjacent property except for public road
rights-of-way, public or private waterways and docks. Shadow studies shall be provided
to the Community Development Department.
•
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.
Section 5. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
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City of Aventura Ordinance No. 2018-11
The foregoing Ordinance was offered by Commissioner Shelley, who moved its
adoption on first reading. This motion was seconded by
Vice Mayor Mezrahi, and upon being put to a vote, the vote was as follows:
Commissioner Denise Landman Yes
Commissioner Dr. Linda Marks Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Commissioner Howard Weinberg Yes
Vice Mayor Gladys Mezrahi 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 Landman, and upon being put to a vote, the vote was as follows:
Commissioner Denise Landman Yes
Commissioner Dr. Linda Marks Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Commissioner Howard Weinberg Yes
Vice Mayor Gladys Mezrahi Yes
Mayor Enid Weisman Yes
PASSED on first reading this 1st day of May, 2018.
PASSED AND ADOPTED on second reading this 12th day of June, 2018.
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City of Aventura Ordinance No. 2018-11
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ENID WEISMAN, MAYOR
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ATTEST:
ELLISA HORVATH,
CITY CLERK
APPROVED AS TO L AL SUFFICIENCY:
CIT ATTO NEY
This Ordinance was filed in the Office of the City Clerk this day of 51.,12018.
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