Ordinance No. 2021-15 Providing for a New Town Center Office Park Mixed Use TC4 District - September 23, 2021 CITY OF AVENTURA ORDINANCE NO. 2021-15
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-land
WHEREAS, in response to the request of Aventura Opportunity Holdings, LLC's
request, 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
WHEREAS, the City Commission has held the required public hearings, duly
noticed in accordance with law; and
City of Aventura Ordinance No. 2021-15
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. That 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
per gross acre and non-residential intensity shall not exceed a floor area
ratio of 2.0.
1 Underlined provisions constitute proposed additions to existing text.Double underline text indicates changes made
between first and second reading.
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City of Aventura Ordinance No. 2021-15
(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. A previously-approved, existing use permitted under the previously
applicable zoning regulations, such as an existing bank with a drive-
through, constitutes a legal conforming use in the TC4 District.
f. Health and Exercise Clubs and Spas.
q. 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.
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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
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:
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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.
i. 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.
n. Live/work units included within the overall density limits set forth in
(6)d and adhering to the following:
1. Located within a multi-story mixed-use building with strictly
commercial uses on at least the first floor or in the ground floor of
townhouse dwelling units that do not front Biscayne Blvd. The
minimum size for each Live/work unit is 850 square feet. The work
portion of the unit must not exceed 50 percent of the total floor area
of the live/work unit.
2. The predominate use of each live/work unit is residential, with
commercial activity as a secondary use. The quiet enjoyment
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expectations of residential neighbors take precedence over
the work needs of a live/work unit.
3. Commercial uses in live/work units must be conducted entirely
within the unit.
4. No more than two employees or independent contractors who do
not reside at the address may work at the business.
5. Signage for live/work units is limited to one non-illuminated wall or
window sign up to three square feet and located on the same wall
as the entrance to the unit.
6. No commodities, stores, or display of products on the premises shall
be visible from the street or surrounding residential area, and no
outdoor display or storage of materials, goods, supplies, or
equipment used in the live/work unit shall be permitted on the
premises.
7. Required parking spaces per unit shall be in accordance with
general residential parking standards, plus one space, which space
may not be reserved for the live/work unit.
8. No equipment shall be used which creates noise, vibration, glare,
fumes, or odors outside the dwelling unit that are objectionable to
the normal senses.
9. Commercial uses in live/work units are limited to offices, studios
services and incidental retail. Visits from customers, clients, and
suppliers shall average no more than a total of 30 visits per week.
10. The owner/occupant of a live/work unit must maintain a valid City
of Aventura local business tax receipt for the business on the
premise. Payment of the annual local business tax will be required
prior to occupancy and annually thereafter.
Nothing herein shall be construed to conflict with any applicable state laws.
(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.
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(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 area and density:
1 . Residential component: 25 dwelling units per gross acre.
2. Nonresidential component: 2.0 floor area ratio.
e. Maximum height: Ten stories or 100 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:
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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-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.
i. 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.
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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
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.
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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
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 Evans, who moved its
adoption on first 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 Yes
Commissioner Robert Shelley Yes
Vice Mayor Dr. Linda Marks Yes
Mayor Enid Weisman Yes
The foregoing Ordinance was offered by Commissioner Landman, 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 Yes
Commissioner Robert Shelley Yes
Vice Mayor Dr. Linda Marks Yes
Mayor Enid Weisman Yes
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City of Aventura Ordinance No. 2021-15
PASSED on first reading this 1311 day of July, 2021 .
PASSED AND ADOPTED on second reading this 23rd day of September, 2021 .
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ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVA MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CI Y A TORN Y
This Ordinance was filed in the Office of the City Clerk this 241h day of September, 2021 .
ELLISA L. HORVA MMC
CITY CLERK
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