Ordinance No. 2021-10 Amending Land Development Regulations Section 31-144 - June 1, 2021 CITY OF AVENTURA ORDINANCE NO. 2021-10
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING
CHAPTER 31, "LAND DEVELOPMENT REGULATIONS" OF THE CITY
CODE OF ORDINANCES BY AMENDING SECTION 31-144, "BUSINESS
ZONING DISTRICTS", SUBSECTION (a), "PURPOSE", AND SECTION
31-144, SUBSECTION (f), "MEDICAL OFFICE (MO) DISTRICT", TO
ALLOW MULTIFAMILY RESIDENTIAL USES WITH A MAXIMUM OF 57
DWELLING UNITS PER ACRE AND A MAXIMUM OF 2.49 FLOOR AREA
RATIO FOR DEVELOPMENTS THAT DEDICATE LAND TO THE CITY
FOR PUBLIC ROAD PURPOSES AND CONSTRUCT THE ROAD AT THE
OWNER'S OR DEVELOPER'S EXPENSE, SUBJECT TO CONDITIONAL
USE APPROVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the applicant, Aventura North Distrikt Developments LLC, through
Application No. LDR2103-0001 , is requesting an amendment to Section 31-144(a)
"Business Zoning Districts" and Section 31-144(f), "Medical Office (MO) District" of
Chapter 31, "Land Development Regulations" (the "LDRs") of the Code of Ordinances
("City Code") to allow multifamily residential uses with a maximum density of 57 dwelling
units per acre and a maximum floor area ratio of 2.49 for developments that dedicate land
to the City for public road purposes and construct the road at the owner's or developer's
expense-land
WHEREAS, the City Commission finds that the proposed amendment to Section
31-144 of the City Code to allow multifamily residential uses with a maximum density of
57 dwelling units per acre and a maximum floor area ratio of 2.49 for developments that
dedicate land to the City for public road purposes and construct the road at the owner's
of developer's expense 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 interest of the public to amend Sections 31-144(a) and (f) of the
LDRs 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. 2021-10
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. Section 31-144(a) "Purpose" and Section 31-
144(f) "Medical Office (MO) District of Article VI "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 VII. - USE REGULATIONS
Sec. 31-144. — Business Zoning Districts.
(a) Purpose. These business districts are intended to provide for commercial
development in conformance with the Comprehensive Plan and provide for a variety of
zoning districts to accommodate the City's business and commerce needs. These
zoning districts may be applied to land designated Business and Office and Industrial
and Office on the City's Future Land Use Map, however, the uses within this district
shall be consistent with, but may be more restrictive than, the corresponding Business
and Office and Industrial and Office category permitted uses.
Development and/or redevelopment of a parcel in the Business Zoning Districts shall
be subject to the site development standards set out in the zoning districts of this
section.
The floor area ratio permitted in Business Zoning Districts shall not exceed the
maximum of 2.0, with the exception of certain portions of the Medical Office (MO) District
in which floor area ratio shall not exceed a maximum of 2.49, as set out in the Business
and Office Future Land Use Category in the City's Comprehensive Plan.
(f) Medical Office (MO) District. This district is intended to provide for medical offices
and other uses supporting the medical profession associated with the hospital. This
zoning district may be applied to land designated Business and Office on the City's
Future Land Use Map, however the uses within this district shall be consistent with, but
1 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. 2021-10
may be more restrictive than, the corresponding Business and Office category permitted
uses.
(2) Conditional use. The following uses if first approved as a conditional use:
a. Business-related schools.
b. Except as set forth under subsection r. below, mMulti-family residential uses with a
maximum density of 35 dwelling units per gross acre and with a minimum lot area of
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.
r. For developments that dedicate a minimum of 35,000 square feet of land to the City for
public road purposes and construct the road at the owner's or developer's expense,
increased floor area ratio not to exceed 2.49 and increased density not to exceed 57
dwelling units per acre, 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. If the site plan approval
provides for phasing of the development in two or more phases, the phasing provisions
of Section 31-79(i) of this Chapter shall apply after the 24 month period provided in this
Section.
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. Conditions. 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.
Section 5. 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
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City of Aventura Ordinance No. 2021-10
renumbered or re-lettered to accomplish such intentions, and that the word "Ordinance"
shall be changed to "Section" or other appropriate word.
Section 6. Effective Date. This Ordinance shall be effective immediately upon
the Comprehensive Plan Amendment filed under Application No. 02-CPA-18, as
transmitted to the Florida Department of Economic Opportunity, becoming effective under
the provisions of Section 163.3184 of the Florida Statutes.
The foregoing Ordinance was offered by Commissioner Evans, who moved its
adoption on first reading. This motion was seconded by Commissioner Friedland 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 Commissioner Shelley 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
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City of Aventura Ordinance No. 2021-10
PASSED on first reading on this 6th day of April, 2021 .
PASSED AND ADOPTED on this 1st day of June, 2021.
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ENID WEISMAN, MAYOR
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ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
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CITY ATTORNEY
This Ordinance was filed in the Office of the City Clerk this 2nd day of June, 2021 .
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