Ordinance No. 2023-04 Amending Section 31-144 B2 District to Include Drive-Throughs as Conditional Use - March 7, 2023 CITY OF AVENTURA ORDINANCE NO. 2023-04
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
SECTION 31-144 "BUSINESS ZONING DISTRICTS" OF THE CITY'S
LAND DEVELOPMENT REGULATIONS TO INCLUDE RESTAURANT,
CAFE, OR COFFEE HOUSE WITH A DRIVE-THROUGH AS A
CONDITIONAL USE IN THE COMMUNITY BUSINESS (132) DISTRICT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Aventura (the "City") desires to amend Chapter 31 "Land
Development Regulations," Article VII "Use Regulations," Section 31-144, "Business
Zoning Districts," of the City Code of Ordinances (the "City Code") to permit restaurant,
cafe, or coffee house drive-through uses as conditional uses within the Community
Business (B2) zoning district; and
WHEREAS, staff has recommended approval of the amendment to Section 31-
144 of the City Code in its report dated February 3, 2023; 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 application pursuant to
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 the law; and
WHEREAS, the City Commission has reviewed the action set forth in this
Ordinance and has determined that such action is consistent with the City Code and
Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA:
Section 1. Recitals Adopted. That each of the above stated recitals are hereby
adopted and confirmed.
City of Aventura Ordinance No. 2023-04
Section 2. City Code Amended. That Chapter 31 "Land Development
Regulations," Article VII "Use Regulations," Section 31-144 "Business Zoning Districts,"
of the City Code of Ordinances is hereby amended as follows:'
Chapter 31 — Land Development Regulations
Article VII — Use Regulations
Sec. 31-144. - Business Zoning Districts.
(c) Community Business (B2) District. This district is intended primarily to provide for
general commercial activity for a wide range of goods and services to the entire
community and sub region. Such businesses generally require locations convenient for
both vehicular and pedestrian traffic and would be expected to have orientation toward
and direct access to arterial roadways.
(2) Conditional use. The following uses if first approved as a conditional use:
p Drive-through facility for a restaurant, cafe or coffee house.
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
Underlined provisions constitute proposed additions to existing text. Remaining provisions are now in
effect and remain unchanged.
City of Aventura Ordinance No. 2023-04
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. That 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.
The foregoing Ordinance was offered by Commissioner Friedland, who moved its
adoption on first reading. This motion was seconded by Vice Mayor Joel and upon being
put to a vote, the vote was as follows:
Commissioner Amit Bloom Yes
Commissioner Rachel S. Friedland Yes
Commissioner Paul A. Kruss Yes
Commissioner Dr. Linda Marks Yes
Commissioner Michael Stern Yes
Vice Mayor Billy Joel Yes
Mayor Howard S. Weinberg Yes
The foregoing Ordinance was offered by Vice Mayor Joel, who moved its adoption
on second reading. This motion was seconded by Commissioner Kruss, and upon being
put to a vote, the vote was as follows:
Commissioner Amit Bloom Yes
Commissioner Rachel S. Friedland Yes
Commissioner Paul A. Kruss Yes
Commissioner Dr. Linda Marks Yes
Commissioner Michael Stern Yes
Vice Mayor Billy Joel Yes
Mayor Howard S. Weinberg Yes
City of Aventura Ordinance No. 2023-04
PASSED on first reading this 7th day of February, 2023.
PASSED AND ADOPTED on second reading this 7th day of March, 2023.
•
HOWARD S. WEINBERG, ESQ.
MAYOR
ATTEST:
ELLISA L. HORVAT MMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY