Ordinance No. 2018-14 Amending Code Ch. 31 to Define and Add Limited-Service Hotel Use in Combination with Multifamily Residential Development - September 4, 2018 ORDINANCE NO. 2018-14
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING
CHAPTER 31, "LAND DEVELOPMENT REGULATIONS" OF THE CITY
CODE OF ORDINANCES BY AMENDING SECTION 31-21,
DEFINITIONS, AND BY AMENDING SECTION 31-143(F)(1) AND
SECTION 31-143(F)(2A), MULTIFAMILY HIGH DENSITY RESIDENTIAL
(RMF4) DISTRICT, TO DEFINE AND ADD LIMITED-SERVICE HOTEL
USE IN COMBINATION WITH MULTIFAMILY RESIDENTIAL
DEVELOPMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the applicant, Granite Aventura LLC, through Application No. 02-
LDR-18, is requesting an amendment to Section 31-21 "Definitions" and Section 31-143
"Residential Zoning Districts" of Chapter 31 "Land Development Regulations" of the
Code of Ordinances ("City Code") to define and add limited-service hotel use in
combination with multifamily residential use in Section 31-143(f)(1) and Section 31-
143(f)(2a); and
WHEREAS, the City Commission finds that the proposed amendment to Section
31-143 of the City Code to add limited service hotel use in combination with multifamily
residential use 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 Sections 31-21 and 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
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:
City of Aventura Ordinance No. 2018-14
Section 1. Recitals. The foregoing whereas clauses are hereby ratified and
incorporated within this Ordinance.
Section 2. City Code Amended. Section 31-21 "Definitions" of Article Il of
Chapter 31 "Land Development Regulations" and Section 31-143 "Residential Zoning
Districts" of Article VII "Use Regulations" of Chapter 31 "Land Development
Regulations" of the City Code are hereby amended to read as follows':
CHAPTER 31 — LAND DEVELOPMENT REGULATIONS
ARTICLE II. - DEFINITIONS AND RULES OF CONSTRUCTION
Sec. 31-21. - Definitions.
***
Hotel shall mean a commercial establishment which provides temporary overnight sleeping
accommodations for the general public. No more than five percent of the individual hotel
units shall be occupied for more than 90 continuous days by the same occupant of the hotel
unit (the "duration of stay restriction"). It shall constitute a violation of this duration of stay
restriction to allow any person to attempt to circumvent this provision by: relocating to
another unit in the same hotel; or by allowing a person to temporarily check out of the hotel
and subsequently re-register or check back into the hotel for such purpose. Principal access
to all rental rooms shall be through an inside lobby or office supervised by a person in
charge at all hours. Other typical hotel services must be offered including daily linen and
maid service, and receipt and disbursement of keys and mail by the attendant at the desk in
the lobby or office, for the occupants of the hotel. No hotel facility shall be converted to or
used as a multi-family residential dwelling. Compliance with the restrictions, conditions or
limitations set forth in this definition, shall be certified by the receipt holder at the time of
issuance and renewal of the applicable City local business tax receipt.
Hotel, Limited-Service is a hotel use within a residential development, physically
separated from the residential use and having its own separate driveway entrance/exit
and its own separate lobby, wherein no more than ten percent (10%) of the gross floor
area is devoted to hotel amenities such as dining areas, bars, lounges and meeting
rooms, excluding the gross floor area of accessory ground floor retail and restaurant
uses. The hotel use and the residential use may be located in one building, but the
hotel rooms and residential units shall be located in separate vertical blocks.
ARTICLE VII. - USE REGULATIONS
***
Sec. 31-143. - Residential Zoning Districts.
***
(f) Multifamily High Density Residential Districts (RMF4). The following regulations shall
apply to all RMF4 Districts.
Underlined provisions constitute proposed additions to existing text. Strikethrough provisions constitute proposed
deletions to existing text.
Page 2 of 6
City of Aventura Ordinance No. 2018-14
(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 and limited-service hotel use
when combined with multifamily residential development in areas consistent
with the City's Comprehensive Plan Future Land Use Element. Densities shall
not exceed 45 units per gross acre.
(2) 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. All uses permitted in the RMF3 District.
b. High rise apartments.
c. Publicly owned recreation buildings and facilities, playgrounds, playfields
and parks.
d. ALF.
e. Uses accessory to any of the above uses when located on the same plot.
(2a) Conditional uses. The following uses may be established if first approved as
a conditional use:
a. All uses permitted in the CF District.
b. Uses that exceed the height limitation, to a maximum height of 30 stories
or 300 feet, or to a maximum height of 35 stories or 350 feet for any
property which was granted a waiver pursuant to section 3 of Ordinance
2005-07.
c. Uses that exceed the density limitation, to a maximum of 60 dwelling units
per gross acre.
d. 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.
e. 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.
f. Limited-Service Hotel in combination with permitted multifamily residential
development, where the hotel is separated from the residential use,
subject to all of the following criteria:
(i) Shall only be permitted on properties where a minimum of two (2) sides
share all or part of a common lot line with another lot or parcel of land that
is zoned Community Business (B2) District on the City's Zoning Map; and
Page. 3 01 6
City of Aventura Ordinance No. 2018-14
(ii) Retail and restaurant uses shall be permitted as accessory uses; and
(iii) Not more than 10% of the gross building area shall be devoted to hotel
amenities such as dining areas, bars and lounges, and meeting rooms,
excluding ground floor retail and restaurant uses; and
(iv)The gross floor area of the hotel use shall not exceed 33% of the gross
floor area of the building; and
(v) Hotel rooms shall meet the criteria in Section 31-144(c)(1)dd; and
(vi) The hotel use and the residential use may be located in one building,
but the hotel rooms and residential units shall be located in separate
vertical blocks; and
(vii) The hotel use shall have its own separate driveway entrance/exit and
its own separate lobby; and
(viii) The applicant shall provide transportation demand management
strategies to reduce the impact of the development, as approved by the
City Manager and City's Traffic Engineering Consultant, to reduce adverse
effects to the overall transportation network. The applicant shall provide
any right of way improvements appropriate to the subject property.
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
the Comprehensive Plan Amendment filed under Application No. 01-CPA-18, as
transmitted to the Florida Department of Economic Opportunity, becoming effective
under the provisions of Section 163.3184 of the Florida Statutes.
Page 4 of 6
City of Aventura Ordinance No. 2018-14
The foregoing Ordinance was offered by Commissioner Dr. Marks, who moved
its adoption on first 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
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
Page 5 of 6
City of Aventura Ordinance No. 2018-14
PASSED on first reading this 10th of July, 2018.
PASSED AND ADOPTED on second reading this 4th day of September, 2018.
2(1
ENID WEISMAN, MAYOR
e
ATTEST:
AELLISA L. HORVATH, 47
CITY CLERK
APPROVED AS TO LEGAL UFFICIENCY:
\f ‘/( kk)/1,
CITY ATTORNEY
Page 6 of 6