07-13-2021 Local Planning Agency Meeting Agenda City Manager
City Coininission Ronald J.Wasson
Enid Weisman,Mayor •,+— — „;
Dr.Linda Marrs,Vice Mayor City Clerk
Jonathan Evans,Commissioner Ellllisa L.Horvath,MMC
Rachel S.Friedland,Commissioner
Denise Landman,Commissioner City Attorney
Marc Narotsky,Commissioner J �� Weiss Scrota Heltman
Robert Shelley,Commissioner e p�Q+�• Cole&Bierman
LOCAL PLANNING AGENCY
MEETING AGENDA
JULY 139 2021
6:00 p.m.
Aventura Government Center
19200 West Country Club Drive
Aventura, FL 33180
1. CALL TO ORDER\ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF MINUTES: April 6, 2021
4. PUBLIC HEARING: MOTION RECOMMENDING ADOPTION OF THE
FOLLOWING ORDINANCE:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING
CHAPTER 31,"LAND DEVELOPMENT REGULATIONS"OF THE CITY CODE OF
ORDINANCES BY AMENDING SECTION 31-145 "TOWN CENTER ZONING
DISTRICTS" TO PROVIDE FOR A NEW ZONING DISTRICT, "TOWN CENTER
OFFICE PARK MIXED USE(TC4)DISTRICT;"PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN
EFFECTIVE DATE.
5. ADJOURNMENT
This meeting is open to the public.In accordance with the Americans with Disabilities Act of 1990,all persons who are
disabled and who need special accommodations to participate in this meeting because of that disability should contact
the Office of the City Clerk, (305) 466-8901 or cityclerk@cityofaventura.com, not later than two days prior to such
proceedings. One or more members of the City of Aventura Advisory Boards may participate in the meeting. Anyone
wishing to appeal any decision made by the Aventura Local Planning Agency or Aventura City Commission with respect
to any matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose,may
need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence
upon which the appeal is to be based. Agenda items are available online at cityofaventura.com for viewing and printing,
or may be requested through the Office of the City Clerk at(305)466-8901 or cityclerk@cityofaventura.com.
CITY OF AVENTURA
LOCAL PLANNING AGENCY MEETING MINUTES
APRIL 6, 2021
6:00 P.M.
Virtual Meeting Via Video Conferencing
The meeting was held via video conferencing through Zoom, as specified on the meeting
public notice and agenda, as a result of the continued COVID-19 state of emergency.
1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid
Weisman at 6.00 p.m. The roll was called and the following were present: Mayor Enid
Weisman, Vice Mayor Robert Shelley, Commissioner Jonathan Evans, Commissioner
Rachel S. Friedland, Commissioner Denise Landman, Commissioner Dr. Linda Marks,
Commissioner Marc Narotsky, City Manager Ronald J. Wasson, City Clerk Ellisa L.
Horvath, and City Attorney David M. Wolpin. As a quorum was determined to be present,
the meeting commenced.
2. PLEDGE OF ALLEGIANCE: The Pledge was led by Mayor Weisman.
3. APPROVAL OF MINUTES (September 8,2020): A motion to approve the minutes
of the September 8, 2020 meeting was offered by Commissioner Narotsky, seconded by
Commissioner Evans, and unanimously passed.
4. PUBLIC HEARING: MOTION RECOMMENDING ADOPTION OF THE
FOLLOWING ORDINANCES:
Mr. Wolpin reviewed the quasi-judicial procedures, noted that the staff report and any
testimony provided for the item would be included in the record by reference for the same
item on the Commission Regular Meeting Agenda, and read the following Ordinance title:
A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE
ZONING DESIGNATION FOR A 1.55 ACRE PARCEL OF LAND LOCATED ON THE
EAST SIDE OF BISCAYNE BOULEVARD, LOCATED AT 20955 BISCAYNE
BOULEVARD, AS LEGALLY DESCRIBED IN EXHIBIT A TO THIS ORDINANCE,
FROM OP, OFFICE PARK DISTRICT TO B2, COMMUNITY BUSINESS DISTRICT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;
AND PROVIDING FOR AN EFFECTIVE DATE.
Mrs. Horvath administered the oath to all those wishing to offer testimony on item 4A.
City of Aventura Local Planning Agency Meeting Minutes
April 6, 2021
A motion to recommend adoption of the Ordinance was offered by Commissioner Evans
and seconded by Commissioner Friedland.
Community Development Director Joanne Carr entered the staff report into the record,
which recommended approval of an amendment of the Official Zoning Map of the City of
Aventura by amending the zoning designation for land located at 20955 Biscayne
Boulevard from OP, Office Park District to B2, Community Business District, to facilitate
development of a mixed-use retail and hotel project by the applicant.
The following provided testimony on behalf of the Applicant (Alan S. Rosenthal on behalf
of the Owner — Centtral Aventura LLC): Alan Rosenthal, Esq. — Rosenthal Rosenthal
Rasco (20900 N.E. 30t" Avenue #600, Aventura).
Mayor Weisman opened the public hearing. Mrs. Horvath provided directions for
members of the public to provide comments. There being no speakers, the public hearing
was closed.
The motion to recommend adoption of the Ordinance was unanimously passed, by roll
call vote.
Mr. Wolpin read the following Ordinance title and noted that the staff report and any
testimony provided for the item would be included in the record by reference for the same
item on the Commission Regular Meeting Agenda-
B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE
CITY OF AVENTURA COMPREHENSIVE PLAN BY AMENDING OBJECTIVE 2,
POLICY 2.1 OF THE LAND USE GOAL IN THE FUTURE LAND USE ELEMENT TO
ADD TO THE BUSINESS AND OFFICE LAND USE CATEGORY, RESIDENTIAL
USES IN THE MO, MEDICAL OFFICE DISTRICT, ZONING CATEGORY AND
CONTIGUOUS BUSINESS AND OFFICE 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.
A motion to recommend adoption of the Ordinance was offered by Vice Mayor Shelley
and seconded by Commissioner Friedland.
Community Development Director Joanne Carr entered the staff report into the record,
which recommended approval of amendments to Policy 2.1 of the Future Land Use
Element of the City of Aventura (the "City") Comprehensive Plan as described in the
memorandum.
Page 2 of 4
City of Aventura Local Planning Agency Meeting Minutes
April 6, 2021
The following provided testimony on behalf of the Applicant (Aventura North Distrikt
Developments LLC): Brian Adler, Esq. — Bilzin Sumberg Baena Price &Axelrod LLP (450
Brickell Avenue, 23rd Floor, Miami).
Mayor Weisman opened the public hearing. Mrs. Horvath provided directions for
members of the public to provide comments. There being no speakers, the public hearing
was closed.
The motion to recommend adoption of the Ordinance was unanimously passed, by roll
call vote.
Mr. Wolpin read the following Ordinance title and noted that the staff report and any
testimony provided for the item would be included in the record by reference for the same
item on the Commission Regular Meeting Agenda-
C. 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.
A motion to recommend adoption of the Ordinance was offered by Vice Mayor Shelley
and seconded by Commissioner Landman.
Community Development Director Joanne Carr entered the staff report into the record,
which recommended approval of an amendment to Section 31-144(a) and (0, Medical
Office (MO) District of the City's Land Development Regulations ("LDRs") to permit
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 for public road
purposes and construct the road at the owner's or developer's expense, both subject to
conditional use approval, upon the condition that the concurrent application for
amendment to Policy 2.1 of the Future Land Use Element of the City of Aventura
Comprehensive Plan, as transmitted under Section 163.3184 of the Florida Statutes,
becomes effective.
The following provided testimony on behalf of the Applicant (Aventura North Distrikt
Developments LLC): Brian Adler, Esq. — Bilzin Sumberg Baena Price &Axelrod LLP (450
Brickell Avenue, 23rd Floor, Miami).
Page 3 of 4
City of Aventura Local Planning Agency Meeting Minutes
April 6, 2021
Mayor Weisman opened the public hearing. Mrs. Horvath provided directions for
members of the public to provide comments. There being no speakers, the public hearing
was closed.
The motion to recommend adoption of the Ordinance was unanimously passed, by roll
call vote.
4. ADJOURNMENT: There being no further business to come before the Local
Planning Agency, a motion to adjourn was offered by Commissioner Evans, seconded by
Commissioner Friedland, and unanimously passed; thereby, adjourning the meeting at
6:39 p.m.
Ellisa L. Horvath, MMC, City Clerk
Approved by the Local Planning Agency on July 13, 2021.
Page 4 of 4
CITY OF "ENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson
City Manager
BY: Keven R. Klopp
Community Dev/opirector
DATE: July 9, 2021
SUBJECT: Request to Amend Section 31-145(b) of the Land Development
Regulations to Add Town Center Office Park Mixed Use (TC4) District
July 13, 2021 Local Planning Agency Meeting Agenda Item 4
July 13, 2021 City Commission Meeting Agenda Item 7B
September 2, 2021 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission approve an amendment to Section 31-145,
"Town Center Zoning Districts" of the Land Development Regulations to add regulations for
a new mixed-use district, the Town Center Office Park Mixed Use (TC4) District, to the
section.
THE REQUEST
The proposed zoning district would facilitate redevelopment of lands currently utilized as an
office park to diversify its uses, allowing residential and retail uses to be added while still
containing a significant amount of office space. The request is to add the new mixed-use
district to the City Code to facilitate a current proposal involving the Aventura Corporate
Center as presented to the City Commission in June of 2021, as well as potential future
similar development proposals.
BACKGROUND
The City's Land Development Regulations currently contain a Town Center (TC1) District
which was included in the original 1999 Code to guide mixed-use development of a main
town center in the City. This district allows residential and non-residential mixed-use
development that generally complies with the RMF3 and 131 zoning districts and also allows
a lifestyle center that includes some B2 zoning district uses.
The Land Development Regulations also currently contain a Town Center Marine (TC2)
District, again included in the original 1999 Code, to guide mixed-use development in what
was then the marine industry area on and around NE 188 Street. This district allows
residential and non-residential mixed-use development that generally complies with the
RMF3 and 131 zoning district, but also recognizes the marine industry uses as permitted
uses.
A third district, Town Center Neighborhood (TC3), was added in 2013 in response to a
development proposal known as Park Square. The district allows for a mix of residential and
commercial uses and includes a requirement for assisted living as a use on the property.
DESCRIPTION OF THE PROPOSED AMENDMENT
The proposed text of the Town Center Office Park (TC4) District follows in underlined text.
Sec. 31-145. - Town Center Zoning Districts.
(e) Town Center Office Park Mixed Use (TC4) District. The following regulations shall
apply to all TC4 Districts:
(1) Purpose. This district is intended to provide suitable sites for the development
of structures and sites combining residential and commercial uses in a well-
planned and compatible manner, with an emphasis on office uses with direct
access to Biscayne Boulevard. Any approved site plan in this district shall
provide a significant amount of office space as part of its commercial uses.
Residential densities shall not exceed 25 dwelling units per gross acre and
non-residential intensity shall not exceed a floor area ratio of 2.0.
(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 a combination of
all of the following specific uses, provided the requirements set forth elsewhere
in this section are satisfied:
a. Mixed-use structures. For the purposes of this subsection, mixed-use
buildings or structures are those combining residential dwelling units
conforming generally with the intent of the RMF3. Multifamily Medium
Density Residential District, with office and/or retail commercial uses
allowed in the 131. Neighborhood Business District.
b. Office space comprising no less than 40% of the non-residential square
feet of floor area on site
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C. Hotels, with a minimum of 100 rooms.
d. Kiosks and outdoor vending, when located within 100 feet of a lake or
pond.
e. Outdoor entertainment, including sales from trucks, wagons, or vehicles
parked on public or private streets or pedestrian walkways may be
permitted from time to time through Special Events permits issued by
the City Manager or his or her designee.
(3) Accessory uses permitted. Permitted incidental and accessory uses shall
include:
a. Those uses allowed as accessory uses in the RMF3 Multi-Family
Medium Density Residential District, except for uses which, by their
nature, would inhibit the establishment of permitted commercial
activities or restrict the acceptable mixing of residential and non-
residential uses.
b. Outdoor dining as an accessory use to a permitted restaurant or retail
use.
(4) Conditional uses permitted. The following uses may be established if first
approved as a conditional use:
a. Those uses permitted in the B1 District with increased floor area.
b. Uses that exceed the height limitations of subsection 31-145(e)(6)e.
including parking structures.
C. Indoor and outdoor commercial recreation uses.
d. Aboveground storage tanks. Aboveground storage tanks (AST) only as
an accessory use and only for the purpose of storing fuel for emergency
generators. ASTs must conform to the following requirements-
1. Be of 2,000 gallons capacity or less.
2. Be installed and operated under a valid permit from the Miami-
Dade County Department of Environmental Resources
Management.
3. Be fully screened by a masonry or concrete wall with a self-
closing and locking metal door or pate. Such wall shall be
landscaped in accordance with the City's Landscape Code.
4. Be located in a manner consistent with the site development
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standards of the TC1 Zoning District.
Installation of any AST shall require a building permit from the
City. Application for building permit shall be accompanied by a
site plan indicating the location of the AST relative to property
lines, the primary structure served by the AST, any other
structures within 300 feet as well as a landscape plan prepared
by a Florida licensed architect or landscape architect and other
supporting documentation as deemed necessary by the City
Manager or designee.
e. Floor areas that are less than the minimum floor areas required by the
provisions of Section 31-145(e)(6)g hereof.
f. New Structured parking that is not incorporated into the building
envelope of a primary use structure, as required by Section 31-
145(e)(8) hereof.
q. If any surface of the top level of a new parking structure can be seen
from a primary use building, and does not have the area of the top level
landscaped and/or decoratively paved in order to provide amenity areas
for building occupants, as required by Section 31-238 of this Code.
h. Driveways with a separation of less than 150 feet of landscaped
frontage as long as it is determined, as part of site plan review that:
1. Landscaping for the total project site exceeds the minimum
requirements of this Code, and:
2. Traffic studies indicate that a lesser distance between driveways
does not constitute a safety hazard to either vehicular or
pedestrian traffic.
i. Off-street parking that does not meet the requirements of Section 31-
171(b) or (d) of this Code.
j. All Uses permitted in the CF District, but not any use listed as a
Conditional use in the CF district.
k. For buildings that attain LEEDO Gold or Platinum certification as
provided in Article VI of Chapter 14 of the City Code, increased lot
coverage, provided that a preen roof and/or preen 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.
4
I. For buildings that attain LEEDO 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 projects located on the same site as an existing office building or
buildings, which office building or buildings was/were constructed
before October 6. 2009 as evidenced by a temporary certificate of
occupancy or certificate of occupancy and does/do not meet LEEDO
Gold or Platinum certification, the bonuses in I. and m. above shall be
calculated based on the applicant's total site area, provided that the new
construction that attains LEEDO Gold or Platinum certification is the
same size or larger than the total square footage of the existing office
building or buildings.
(5) Uses prohibited. Except as specifically permitted in this subsection (b), the following
uses are expressly prohibited as either principal or accessory uses:
a. Any use not specifically permitted.
b. Adult entertainment establishments.-
C. Sale of goods to other than the ultimate consumer.
d. Sales, purchase, display or storage of used merchandise other than
antiques.
(6) Site development standards.
a. Minimum lot size: Five gross acres.
b. Minimum lot width: 100 feet.
C. Maximum lot coverage: 45 percent of total lot area, provided that if 80
percent or more of the required parking spaces is provided in a parking
structure, lot coverage may be increased to a maximum of 55 percent
of the total lot area.
d. Maximum floor density:
1. Residential component: 25 dwelling units per gross acre.
2. Nonresidential component: 2.0 floor area ratio.
e. Maximum height: Four stories or 50 feet. including parking structures.
f. Setbacks-
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1. Front: 25 feet.
2. Side: There is no side yard setback required for a lot that is not
adjacent to a street or alley, unless such setback is necessary to
provide light and air to residential units. In such cases a side yard
setback of 20 feet in depth is required.
3. Street side: 20 feet.
4. Rear: There is no rear yard setback required for a plot not
adjacent to a street or alley, unless such setback is necessary to
provide light and air to residential units. In such cases a rear yard
setback of 20 feet in depth is required.
5. Rear street: 20 feet.
6. Between buildings: No minimum building separation distance is
normally required, except where necessary to provide light and
air to residential units. In such cases, buildings may be no closer
than 25 feet.
q. Minimum floor areas: The minimum floor area not including garage or
unairconditioned areas shall be as follows, except that conditional use
approval may be granted to authorize a reduction in the following
minimum floor areas in accordance with Section 31-145(e)(4)e:
Multiple-family dwelling unit:
Efficiency unit: 800 square feet.
One bedroom unit: 900 square feet.
Two bedroom unit: 1,050 square feet.
For each additional bedroom in excess of two add 150 square
feet.
Efficiency units shall not exceed 40 percent of the total number
of residential units within a building.
h. Required open space: A minimum of 30 percent of the total lot area of
the site shall be provided as common open space available for use by
all residents or consumers: of this common open space a minimum of
one-third shall be unencumbered with any structure (except for play
equipment for children and associated mounting, fencing and furniture)
and shall be landscaped with grass and vegetation approved in a
landscape plan. The remaining two-thirds may be used for non-
6
commercial recreational facilities, amenities, pedestrian walks,
entrance landscaping and features (not including gatehouses and
associated vehicle waiting areas). Water bodies may be used toward
the calculation of required open space.
i. Design Standards: All Development in the TC4 Zoning District shall be
compatible with existing adjacent development. Specifically, where
greater heights are immediately adjacent to existing residential
development, such height shall be graduated by steps so that the part
of the structure within 50' of the property boundary is no more than two
stories higher than existing residential development.
j. A ride sharing, valet, and transit accommodation plan acceptable to the
Community Development Director shall be provided at time of site plan
approval.
k. A bicycle parking plan and residential bicycle storage accommodations
acceptable to the Community Development Director shall be provided
at time of site plan approval.
I. On-street parking, on both internal and external streets, shall be
provided wherever feasible as shown on an on-street parking plan
acceptable to the Community Development Director at time of site plan
approval.
(7) Accessibility for Mixed-Use Structures. All residential units shall be accessible to the
outside via an entry lobby that does not require residents to pass through a leasable
commercial space.
(8) Performance standards. Any structured parking serving the primary use on the site
shall be incorporated into the building envelope and shall be compatibly designed.
Such parking structure shall comply with all minimum setback and buffer yard
requirements. Parking structure ceiling heights shall be seven feet six inches except
where greater heights may be required by other regulatory agencies. Pipes, ducts
and mechanical equipment installed below the ceiling shall not be lower than seven
feet zero inches above finished floor. In accordance with Section 31-145(e)(4)f,
conditional use approval may be granted to authorize a waiver from the requirements
that structured parking be incorporated into the building envelope of a primary use
structure and that such structured parking conform to Section 31-238.
ANALYSIS
The proposed Town Center Office Park Mixed Use (TC4) District, detailed above, has been
drafted using the same format as the TC1, TC2, and TC3 districts but is distinct from the
previous TC districts in that it is intended to guide mixed-use development where office uses
currently exist. It proposes a specific mix of residential and non-residential development that
7
generally complies with the Office Park, RMF3 and 131 zoning districts, similar to the TC1
and TC2 districts, but without the lifestyle center use permitted in the TC1 district, the more
expansive marine industry uses in the TC2 district, or the ALF requirement of the TC3
District.
TC4 adds kiosk uses around a lake or a pond as well as outdoor vending, and outdoor
entertainment to the mix. It anticipates the possibility of special events, by separate permit,
with sales from trucks, wagons, or vehicles parked on public or private streets or pedestrian
walkways from time to time. The district is similar in the parameters of development to the
TC3 District which facilitated the creation of Park Square.
A design standard requiring stepped-back heights, aimed at protecting adjacent residential
development of a smaller scale, is added to TC4. As compared to TC3, other new features
which TC4 will require at plan approval are as follows:
• a required ride-sharing, valet, and transit accommodation plan
• a bicycle parking and residential bicycle storage plan, and
• an on-street parking plan
Any proposal to develop in accordance with the TC4 district will require an underlying future
land use designation of Town Center as described in the City's Comprehensive Plan. The
Town Center future land use category encourages hubs for future urban development
intended to serve the City's existing and future residents and businesses with design-unified
development providing direct accessibility by mass transit service and high-quality urban
design. It provides for a design that encourages convenient, internal pedestrian circulation
and is intended to create identifiable centers of activity with a distinctive sense of place. The
proposed Town Center Office Park use regulations are compatible with this future land use
category language.
Staff provides the following analysis of the proposed amendment, pursuant to the review
standards of the Land Development Regulations contained in Section 31-77 of the City
Code.
1. The proposed amendment is legally required.
The proposed amendment is legally required to implement the requested revision to the
Code.
2. The proposed amendment is consistent with the goals and objectives of the
Comprehensive Plan.
The proposed amendment is consistent with the goals and objectives of the
Comprehensive Plan. The intent of the Town Center land use designation is described
in the Future Land Use Element of the City's Comprehensive Plan. This category
encourages hubs for future urban development intended to serve the City's existing and
future residents and businesses with design-unified development providing direct
8
accessibility by mass transit service and high quality urban design. It provides for a
design that encourages convenient, internal pedestrian circulation and to create
identifiable centers of activity with a distinctive sense of place. The proposed Town
Center Office Park district regulations are compatible with this future land use language.
3. The proposed amendment is consistent with the authority and purpose of the LDRs.
The proposed amendment is consistent with the authority and purpose of the Land
Development Regulations. "The purpose of the LDRs is to implement further the
Comprehensive Plan of the City by establishing regulations, procedures and standards
for review and approval of all development and uses of land and water in the City.
Further, the LDRs are adopted in order to foster and preserve public health, safety and
welfare and to aid in the harmonious, orderly and progressive development and
redevelopment of the City..." The proposed amendment is consistent with this purpose.
The proposed amendment and its accompanying design guidelines along with the site
development standards of the district will aid in the harmonious, orderly and progressive
redevelopment of the City.
4. The proposed amendment furthers the orderly development of the City.
The proposed amendment furthers the orderly development of the City, for the reasons
provided in Paragraph 3 above.
5. The proposed amendment improves the administration or execution of the development
process.
The proposed amendment improves the administration or execution of the development
process in that it provides for regulations and a process by which to approve
development or redevelopment of a property within a Town Center Office Park District in
the City.
9
CITY OF AVENTURA ORDINANCE NO. 2021-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING
CHAPTER 31, "LAND DEVELOPMENT REGULATIONS" OF THE CITY
CODE OF ORDINANCES BY AMENDING SECTION 31-145 "TOWN
CENTER ZONING DISTRICTS" TO PROVIDE FOR A NEW ZONING
DISTRICT, "TOWN CENTER OFFICE PARK MIXED USE (TC4)
DISTRICT;" PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Aventura (the"City") Commission recognizes that changes
to the adopted Code of Ordinances are periodically necessary in order to ensure that the
City's regulations are current and consistent with the City's planning and regulatory
needs; and
WHEREAS, in response to the request of Aventura Opportunity Holdings, LLC,
the City Commission desires to amend Chapter 31, "Land Development Regulations,"
Section 31-145, "Town Center Zoning Districts" of the Code of Ordinances to provide for
a Town Center Office Park Mixed Use (TC4) District, consisting of a mix of residential
and commercial uses, with an emphasis on office uses, and direct access to Biscayne
Boulevard (the "proposed amendment"); and
WHEREAS, the Town Center future land use category in the City's
Comprehensive Plan, applicable to the proposed TC4 zoning district, encourages hubs
for future urban development intended to serve the City's existing and future residents
and businesses with design-unified development providing direct accessibility by mass
transit service, and high-quality urban design; 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
City of Aventura Ordinance No. 2021-
WHEREAS, the City Commission has held the required public hearings, duly
noticed in accordance with law; and
WHEREAS, the City Commission finds that the proposed amendment is in the best
interest of the public and 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. Chapter 31 "Land Development Regulations,"
Article VII "Use Regulations," Section 31-145 "Town Center Zoning Districts" of the City
Code is hereby amended to read as follows':
CHAPTER 31 — LAND DEVELOPMENT REGULATIONS
ARTICLE VII. - USE REGULATIONS
Sec. 31-145. - Town Center Zoning Districts.
(e) Town Center Office Park Mixed Use (TC4) District. The following regulations shall
apply in the TC4 District-
(1) Purpose. This district is intended to provide suitable sites for the
development of structures and sites combining residential and commercial
uses in a well-planned and compatible manner, emphasizing office uses
with direct access to Biscayne Boulevard. Any approved site plan in this
district shall provide a significant amount of office space as part of its
commercial uses. Residential densities shall not exceed 25 dwelling units
'Underlined provisions constitute proposed additions to existing text.
Page 2 of 10
City of Aventura Ordinance No. 2021-
per gross acre and non-residential intensity shall not exceed a floor area
ratio of 2.0.
(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 a combination
of all of the following specific uses, provided the requirements set forth
elsewhere in this section are satisfied:
a. Mixed-use structures. For the purposes of this subsection, mixed-
use buildings or structures are those combining residential dwelling
units conforming generally with the intent of the RMF3. Multifamily
Medium Density Residential District, with office and/or retail
commercial uses allowed in the B1. Neighborhood Business District.
b. Office space comprising no less than 40% of the non-residential
square feet of floor area on site.
C. Hotels, with a minimum of 100 rooms.
d. Kiosks and outdoor vending, when located within 100 feet of a lake
or pond.
e. Outdoor entertainment, including sales from trucks, wagons, or
vehicles parked on public or private streets or pedestrian walkways
may be permitted from time to time through Special Events permits
issued by the City Manager or designee.
(3) Accessory uses permitted. Permitted incidental and accessory uses shall
include:
a. Those uses allowed as accessory uses in the RMF3 Multi-Family
Medium Density Residential District, except for uses which, by their
nature, would inhibit the establishment of permitted commercial
activities or restrict the acceptable mixing of residential and non-
residential uses.
b. Outdoor dining as an accessory use to a permitted restaurant or retail
use.
(4) Conditional uses permitted. The following uses may be established if first
approved as a conditional use:
a. Those uses permitted in the B1 District with increased floor area.
b. Uses that exceed the height limitations of subsection 31-145(e)(6)e.
including parking structures.
C. Indoor and outdoor commercial recreation uses.
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d. Aboveground storage tanks. Aboveground storage tanks (AST) only
as an accessory use and only for the purpose of storing fuel for
emergency generators. ASTs must conform to the following
requirements:
1. Be of 2,000 gallons capacity or less.
2. Be installed and operated under a valid permit from the Miami-
Dade County Department of Environmental Resources
Management.
3. Be fully screened by a masonry or concrete wall with a self-
closing and locking metal door or pate. Such wall shall be
landscaped in accordance with the City's Landscape Code.
4. Be located in a manner consistent with the site development
standards of the TC1 Zoning District.
Installation of any AST shall require a building permit from the
City. Application for building permit shall be accompanied by a
site plan indicating the location of the AST relative to property
lines, the primary structure served by the AST, any other
structures within 300 feet as well as a landscape plan prepared
by a Florida licensed architect or landscape architect and other
supporting documentation as deemed necessary by the City
Manager or designee.
e. Floor areas that are less than the minimum floor areas required by
the provisions of Section 31-145(e)(6)g hereof.
f. Structured parking that is not incorporated into a primary use
structure's building envelope, as required by Section 31-145(e)(8)
hereof.
q. Any top-level surface area of structured parking that can be seen
from a primary use building and does not have the area of the top
level landscaped and/or decoratively paved in order to provide
amenity areas for building occupants, as required by Section 31-238
of this Code.
h. Driveways with a separation of less than 150 feet of landscaped
frontage as long as it is determined, as part of site plan review that:
1. Landscaping for the total project site exceeds the minimum
requirements of this Code, and:
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City of Aventura Ordinance No. 2021-
2. Traffic studies indicate that a lesser distance between
driveways does not constitute a safety hazard to either
vehicular or pedestrian traffic.
i. Off-street parking that does not meet the requirements of Section 31-
171(b) or (d) of this Code.
j. All Uses permitted in the CF District, but not any use listed as a
Conditional use in the CF district.
k. For buildings that attain LEEDO Gold or Platinum certification as
provided in Article VI of Chapter 14 of the City Code, increased lot
coverage, provided that a preen roof and/or preen 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.
I. For buildings that attain LEEDO 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 projects located on the same site as an existing office building or
buildings, which office building or buildings was/were constructed
before October 6. 2009 as evidenced by a temporary certificate of
occupancy or certificate of occupancy and does/do not meet LEEDO
Gold or Platinum certification, the bonuses in I. and m. above shall
be calculated based on the applicant's total site area, provided that
the new construction that attains LEEDO Gold or Platinum
certification is the same size or larger than the total square footage
of the existing office building or buildings.
(5) Uses prohibited. Except as specifically permitted in this subsection (b), the
following uses are expressly prohibited as either principal or accessory uses:
a. Any use not specifically permitted.
b. Adult entertainment establishments.
C. Sale of goods to other than the ultimate consumer.
d. Sales, purchase, display or storage of used merchandise other than
antiques.
(6) Site development standards.
a. Minimum lot size: Five gross acres.
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City of Aventura Ordinance No. 2021-
b. Minimum lot width: 100 feet.
C. Maximum lot coverage: 45 percent of total lot area, provided that if
80 percent or more of the required parking spaces is provided in a
parking structure, lot coverage may be increased to a maximum of
55 percent of the total lot area.
d. Maximum floor density:
1. Residential component: 25 dwelling units per gross acre.
2. Nonresidential component: 2.0 floor area ratio.
e. Maximum height: Four stories or 50 feet, including parking
structures.
f. Setbacks-
1. Front: 25 feet.
2. Side: There is no side yard setback required for a lot that is
not adjacent to a street or alley, unless such setback is
necessary to provide light and air to residential units. In such
cases a side yard setback of 20 feet in depth is required.
3. Street side: 20 feet.
4. Rear. There is no rear yard setback required for a plot not
adjacent to a street or alley, unless such setback is necessary
to provide light and air to residential units. In such cases a
rear yard setback of 20 feet in depth is required.
5. Rear street: 20 feet.
6. Between buildings: No minimum building separation distance
is normally required, except where necessary to provide light
and air to residential units. In such cases, buildings may be
no closer than 25 feet.
q. Minimum floor areas: The minimum floor area not including garage
or unairconditioned areas shall be as follows, except that conditional
use approval may be granted to authorize a reduction in the following
minimum floor areas in accordance with Section 31-145(e)(4)e:
Multiple-family dwelling unit:
Efficiency unit: 800 square feet.
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City of Aventura Ordinance No. 2021-
One-bedroom unit: 900 square feet.
Two-bedroom unit: 1,050 square feet.
For each additional bedroom in excess of two add 150 square
feet.
Efficiency units shall not exceed 40 percent of the total
number of residential units within a building.
h. Required open space: A minimum of 30 percent of the total lot area
of the site shall be provided as common open space available for use
by all residents or consumers: of this common open space a
minimum of one-third shall be unencumbered with any structure
(except for play equipment for children and associated mounting,
fencing and furniture) and shall be landscaped with grass and
vegetation approved in a landscape plan. The remaining two-thirds
may be used for non-commercial recreational facilities, amenities,
pedestrian walks, entrance landscaping and features (not including
gatehouses and associated vehicle waiting areas). Water bodies
may be used toward the calculation of required open space.
i. Design standards: All Development in the TC4 Zoning District shall
be compatible with existing adjacent development. Specifically,
where greater heights are immediately adjacent to existing
residential development, such height shall be graduated by steps so
that the part of the structure within 50 feet of the property boundary
is no more than two stories higher than existing residential
development.
j. Transportation standards.
1. A ride sharing, valet, and transit accommodation plan
acceptable to the Community Development Director shall be
provided at time of site plan approval.
2. A bicycle parking plan and residential bicycle storage
accommodations acceptable to the Community Development
Director shall be provided at time of site plan approval. to
provide light and air to residential units. In such cases a side
yard setback of 20 feet in depth is required.
3. On-street parking, on both internal and external streets, shall
be provided wherever feasible as shown on an on-street
parking plan acceptable to the Community Development
Director at time of site plan approval. A ride sharing, valet, and
transit accommodation plan acceptable to the Community
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City of Aventura Ordinance No. 2021-
Development Director shall be provided at time of site plan
approval.
(7) Accessibility for Mixed-Use Structures. All residential dwelling units shall be
accessible to the outside via an entry lobby that does not require residents to pass through
a leasable commercial space.
(8) Performance standards. Any structured parking serving the primary use on
the site shall be incorporated into the building envelope and shall be compatibly designed.
Such parking structure shall comply with all minimum setback and buffer yard
requirements. Parking structure ceiling heights shall be seven feet six inches except
where greater heights may be required by other regulatory agencies. Pipes, ducts and
mechanical equipment installed below the ceiling shall not be lower than seven feet zero
inches above finished floor. In accordance with Section 31-145(e)(4)f, conditional use
approval may be granted to authorize a waiver from the requirements that structured
parking be incorporated into the building envelope of a primary use structure and that
such structured parking conform to Section 31-238.
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-
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
adoption on second reading.
The foregoing Ordinance was offered by Commissioner who moved its
adoption on first reading. This motion was seconded by Commissioner and
upon being put to a vote, the vote was as follows:
Commissioner Jonathan Evans
Commissioner Rachel S. Friedland
Commissioner Denise Landman
Commissioner Marc Narotsky
Commissioner Robert Shelley
Vice Mayor Dr. Linda Marks
Mayor Enid Weisman
The foregoing Ordinance was offered by Commissioner who moved its
adoption on second reading. This motion was seconded by Commissioner and
upon being put to a vote, the vote was as follows:
Commissioner Jonathan Evans
Commissioner Rachel S. Friedland
Commissioner Denise Landman
Commissioner Marc Narotsky
Commissioner Robert Shelley
Vice Mayor Dr. Linda Marks
Mayor Enid Weisman
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City of Aventura Ordinance No. 2021-
PASSED on first reading on this 131" day of July, 2021.
PASSED AND ADOPTED on this 2nd day of September, 2021.
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Ordinance was filed in the Office of the City Clerk this day of , 2021
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