Ordinance No. 2022-10 Amending Code Section 31-143 to Permit Buildings in RMF4 District to Cast Shadows - July 19, 2022 CITY OF AVENTURA ORDINANCE NO. 2022-10
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING
SECTION 31-143 "RESIDENTIAL ZONING DISTRICTS" OF THE CITY'S
LAND DEVELOPMENT REGULATIONS TO PERMIT BUILDINGS IN THE
RMF4 ZONING DISTRICT TO CAST SHADOWS ON PROPERTIES
LOCATED IN BUSINESS ZONING DISTRICTS UPON CONDITIONAL
USE APPROVAL; 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, currently, office buildings, hotels and mixed-use buildings of any
height can cast a shadow over commercially zoned properties;
WHEREAS, the City Commission now desires to amend Chapter 31 "Land
Development Regulations," Section 31-143 "Residential Zoning Districts" to permit
buildings in the RMF4 Zoning District to cast shadows on properties located in Business
Zoning Districts upon conditional use approval (the "Proposed Amendment"); and
WHEREAS, the City Commission finds that the Proposed Amendment is
consistent with the applicable goals, objectives and policies of the City's Comprehensive
Plan; and
WHEREAS, City Commission, sitting as 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 Section 31-143 of the City's
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
City of Aventura Ordinance No. 2022-10
WHEREAS, the City Commission has reviewed the Proposed Amendment and
has determined that the Proposed Amendment 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 31-143 "Residential Zoning Districts"
of the City Code of Ordinances is hereby amended to read as follows':
Chapter 31 - LAND DEVELOPMENT REGULATIONS
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.
(2a) Conditional uses. The following uses may be established if first approved
as a conditional use:
a. All Uses permitted in the CF District, but not any use listed as a Conditional
use 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.
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. 2022-10
c. Buildings designed and situated in a way that they cast a shadow upon
properties located in Business Zoning Districts defined under Section 31-
144.
d. Uses that exceed the density limitation, to a maximum of 60 dwelling units
per gross acre.
e. d-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 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.
f. � 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.
g_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:
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
adoption on second reading.
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City of Aventura Ordinance No. 2022-10
The foregoing Ordinance was offered by Commissioner Narotsky, who moved its
adoption on first reading. This motion was seconded by Commissioner Joel and upon
being put to a vote, the vote was as follows:
Commissioner Billy Joel Yes
Commissioner Rachel S. Friedland Yes
Commissioner Dr. Linda Marks Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Vice Mayor Denise Landman Absent
Mayor Enid Weisman Yes
The foregoing Ordinance was offered by Commissioner Friedland, who moved its
adoption on second reading. This motion was seconded by Commissioner Joel and upon
being put to a vote, the vote was as follows:
Commissioner Billy Joel Yes
Commissioner Rachel S. Friedland Yes
Commissioner Dr. Linda Marks Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Vice Mayor Denise Landman Yes
Mayor Enid Weisman Yes
PASSED on first reading on this 14th day of June, 2022.
PASSED AND ADOPTED on this 19th day of July, 2022.
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City of Aventura Ordinance No. 2022-10
•
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVAT , MC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
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CITY ATTORNEY—
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