Ordinance No. 2021-09 Amending Comprehensive Plan Objective 2 Policy 2.2 - June 1, 2021 CITY OF AVENTURA ORDINANCE NO. 2021-09
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE CITY OF AVENTURA COMPREHENSIVE PLAN BY AMENDING
OBJECTIVE 2, POLICY 2.2 OF THE LAND USE GOAL IN THE FUTURE
LAND USE ELEMENT TO ADD TO THE BUSINESS AND OFFICE LAND
USE CATEGORY, RESIDENTIAL USES WITH DENSITY NOT
EXCEEDING 57 DWELLING UNITS PER ACRE IN THE MO, MEDICAL
OFFICE DISTRICT, ZONING CATEGORY AND CONTIGUOUS
BUSINESS AND OFFICE USE DESIGNATED LANDS AND PERMIT AN
INCREASED FLOOR AREA RATIO FOR DEVELOPMENTS THAT
DEDICATE CERTAIN LANDS TO THE CITY FOR PUBLIC ROAD
PURPOSES AND CONSTRUCT THE ROAD AT THE OWNER'S OR
DEVELOPER'S EXPENSE, BOTH SUBJECT TO CONDITONAL USE
APPROVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE COMPREHENSIVE PLAN; AUTHORIZING
TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Department of Community Affairs of the State of Florida found in
compliance the City of Aventura Comprehensive Plan (the "Plan") in December 2014; and
WHEREAS, the applicant, Aventura North Distrikt Developments LLC, through
Application No. CPA2103-0001, has made application to the City of Aventura to amend
Policy 2.2, Objective 2 of the Land Use Goal in the Future Land Use Element of the Plan to:
(1) add residential uses, with density not exceeding 57 dwelling units per acre, to the
Business and Office land use category, for properties zoned MO, Medical Office District,
and contiguous Business and Office designated lands developed as part of an approved
development agreement; and (2) permit an increased floor area for developments that
dedicate certain lands to the City of Aventura ("City")for public road purposes and construct
the road at the owner's or developer's expense, both subject to conditional use approval;
and
WHEREAS, the applicant, through Application No. LDR2103-0001, has made
concurrent application to the City to amend Section 31-144(a) and (f) of the City's Land
Development Regulations to allow increased density and floor area ratio to implement the
above described amendments to the Plan, which application is contingent upon the plan
amendment transmitted becoming effective; and
WHEREAS, the City Commission has held the required public hearings, duly
noticed in accordance with law; and
WHEREAS, the Plan amendment will not result in impacts on any infrastructure
system that will exceed established level of service standards and is otherwise consistent
with the goals, objectives and policies of the Plan; and
WHEREAS, the City Commission believes it is in the best interest of the public to
amend Policy 2.2 of Objective 2 of the Land Use Goal in the Future Land Use Element
to: (1) add residential uses, with density not exceeding 57 dwelling units per acre to the
Business and Office land use category for properties zoned MO, Medical Office District, and
contiguous Business and Office designated lands developed as part of an approved
City of Aventura Ordinance No. 2021-09
development agreement; and (2) permit an increased floor area for developments that
dedicate certain lands to the City for public road purposes and construct the road at the
owner's or developer's expense, both subject to conditional use approval; and
WHEREAS, the City Commission believes the amendment will maintain the unique
aesthetic character of the City and improve the quality of life for its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Findings. That the foregoing "Whereas" clauses are hereby
ratified and incorporated as the legislative intent of this Ordinance.
Section 2. Amendment to the Comprehensive Plan. That Objective 2, Policy
2.2 of the Land Use Goal in the Future Land Use Element of the City of Aventura
Comprehensive Plan is hereby amended as follows':
"FUTURE LAND USE ELEMENT
LAND USE GOAL
Provide the best possible distribution of land use and services to meet the physical,
social, cultural and economic needs of the present and future populations of the City.
OBJECTIVE 2
The following land use densities, intensities and approaches shall be incorporated in the
Land Development Regulations.
Measure: Incorporation of the stated land use designations into the Land Development
Regulations.
Policy 2.2
The Future Land Use map shall identify all nonresidential land as one of the following
nonresidential land use categories:
Business and Office
This category accommodates the full range of sales and service activities. Included are
retail, wholesale, personal and professional services, commercial and professional
offices, hotels, motels, hospitals, medical buildings, nursing homes, entertainment and
cultural facilities, amusements and commercial recreation establishments. However,
private commercial marinas may only be permitted as a conditional use as contained
Underlined text indicates additions. Stricken-through text indicates deletions. Double underline indicates
changes made between first and second reading.
City of Aventura Ordinance No. 2021-09
within the land development regulations. Residential uses with densit not exceedin 57
dwelling units per acre on properties zoned MO, Medical Office District, under the City's
Land Development Regulations and contiguous Business and Office designated
properties developed as part of an approved development agreement, may be permitted
subject to conditional use approval. These uses may occur in self-contained centers,
high-rise structures, campus parks, Town Centers or in nodes defined by the intersection
of two arterial roadways or the intersection of an arterial and a local or collector street.
Additionally, the Metropolitan Urban Center (MUC) designation as described and adopted
within the Miami-Dade Comprehensive Master Development Plan may be applied as an
overlay within this land use category.
The specific range and intensity of uses appropriate in a particular Business and Office
property is dependent on the particular land use, design, urban services, transportation,
environmental and social conditions on and around the subject parcel at the time of
approval including consideration of applicable goals, objectives and policies, and the
provisions of applicable land development regulations which serve to implement the
comprehensive plan.
The maximum allowable development intensity shall be a floor area ratio of total building
square footage (not including parking structures) divided by the net lot area of the
development parcel of 2.0. Notwithstanding the foregoing, developments that dedicate a
minimum of 35,000 square feet of land for public road construction purposes as part of
an overall development and construct the public road at the owner's or developer's
expense, shall have a maximum allowable floor area ratio of 2.49, subject to conditional
use approval. Actual intensities approvable to a given site may be significantly lower than
the maximum where necessary to conform to an overriding Plan policy, or to maintain
compatibility of the development with its surroundings. The maximum intensity allowable
on a given site shall also be contingent on the ability of the developer to ensure
appropriate transitions and buffers with the surrounding neighborhood, and to alleviate
impacts that will adversely impact service levels and quality of life.
Section 3. Severability. That 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. Condition. Issuance of this development order by the City of
Aventura does not in any way create any right on the part of an applicant to obtain a
permit from a state or federal agency and does not create any liability on the part of the
City of Aventura for issuance of the development order if the applicant fails to obtain
requisite approvals or fulfill the obligations imposed by a state or federal agency or
undertakes actions that result in a violation of state or federal law. All applicable state and
federal permits must be obtained before commencement of the development. This
condition is included pursuant to Section 166.033, Florida Statutes, as amended.
City of Aventura Ordinance No. 2021-09
Section 5. Inclusion in the Comprehensive Plan. That it is the intention of the
City Commission and it is hereby ordained that the provisions of this Ordinance shall
become and made a part of the Comprehensive Plan of the City of Aventura.
Section 6. Transmittal. The City Clerk is directed to transmit the amendment
to the State of Florida Department of Economic Opportunity and to all review agencies
required by Section 163.3184 of the Florida Statutes.
Section 7. Effective Date. The effective date of this plan amendment, if the
amendment is not timely challenged, shall be 31 days after the state land planning agency
notifies the local government that the plan amendment package is complete. If the
amendment is timely challenged, this amendment shall become effective on the date the
state land planning agency or the Administration Commission enters a final order
determining this adopted amendment to be in compliance. No development orders,
development permits, or development dependent on this amendment may be issued or
commence before it has become effective.
The foregoing Ordinance was offered by Commissioner Dr. Marks, who moved its
adoption on first reading. This motion was seconded by Commissioner Evans and upon
being put to a vote, the vote was as follows:
Commissioner Jonathan Evans Yes
Commissioner Rachel S. Friedland Yes
Commissioner Denise Landman Yes
Commissioner Dr. Linda Marks Yes
Commissioner Marc Narotsky Yes
Vice Mayor Robert Shelley Yes
Mayor Enid Weisman Yes
The foregoing Ordinance was offered by Commissioner Evans, who moved its
adoption on second reading. This motion was seconded by Vice Mayor Dr. Marks and
upon being put to a vote, the vote was as follows:
Commissioner Jonathan Evans Yes
Commissioner Rachel S. Friedland Yes
Commissioner Denise Landman Yes
Commissioner Marc Narotsky Absent
Commissioner Robert Shelley Yes
Vice Mayor Dr. Linda Marks Yes
Mayor Enid Weisman Yes
City of Aventura Ordinance No. 2021-09
PASSED on first reading on this 6th day of April, 2021 .
PASSED AND ADOPTED on this 1st day of June, 2021.
ENID WEISMAN, MAYOR
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ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
V4 �-� It-e
CITY ATTORNEY