Ordinance No. 2023-05 Amending Code Section 31-233 to Adopt a Primary Color Palette - March 7, 2023 CITY OF AVENTURA ORDINANCE NO. 2023-05
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING
SECTION 31-233 "ARCHITECTURAL DESIGN STANDARDS" OF THE
CITY OF AVENTURA CODE OF ORDINANCES TO ADOPT A PRIMARY
COLOR PALETTE APPLICABLE TO THE EXTERIOR SURFACES OF
ANY MULTI-FAMILY, TOWNHOUSE OR NONRESIDENTIAL BUILDING;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Aventura is desirous of amending the City's Land
Development Regulations to provide language and/or to clarify certain sections of the
Code-land
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
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 Comprehensive
Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Paragraph (c), "Minimum design standards" of Section 31-233
"Architectural design standards" of the City's Land Development Regulations is hereby
amended as follows:'
Sec. 31-233. —Architectural design standards.
(c) Minimum design standards. (See Exhibit #1)
(6) Color palette. Adoption of primary color palette and color review chart.
Underlined provisions constitute proposed additions to existing text. Remaining provisions are now in effect and
remain unchanged.
City of Aventura Ordinance No. 2023-05
a. Adoption. The City hereby adopts the primary color palette and color
review chart which is on file and available in the offices of the Community
Development Department and on the City's website.
b. Purpose. The purpose of this subparagraph is to enhance the unique
architectural environment of the City by establishing general standards
for the choice of colors for the exterior surfaces of multi-family, townhouse
and nonresidential buildings.
c. Color chart review application standards. The Community Development
Department, when reviewing applications filed pursuant to Section 31-
233(c)(6)(d), shall apply the following review standards:
(1) The exterior walls of buildings and structures shall be painted with
colors selected from the City's primary color palette.
(2) Colors selected shall be appropriate to the architectural style,
ornamentation, massing, scale and structure.
d. Applicability.
(1) The application or use of any colors on the roofs or exterior surfaces
of any multi-family, townhouse or nonresidential building, structure or
wall shall require a permit authorizing said exterior color prior to the
application of said color.
(2) The color charts adopted in Section 31-233(c)(6)(a) shall not be
applicable to roofs or exterior surfaces left in their natural state, such
as rock, stone, or finished woods, or covered with a clear finish.
(3) For the purpose of this section, a mixed-use building, whether including
residential and commercial uses (such as a residence above a store),
shall not constitute a residential building and must comply with this
article.
e. Permit application and review.
(1) Each applicant for a permit required pursuant to Section 31-233(c)(6)(d)
shall submit to the director for his/her approval, prior to the execution of
such work, a sample of the color(s) to be used in such work and a
description of the location at which said color(s) will be used.
(2) The director shall review the application and color sample to determine
whether the colors are substantially similar to those provided in the City's
adopted color palettes and whether the use of the color complies with
the City's color review chart. The director may either grant or deny any
such permit application. In the event that the director denies a permit
application, the director shall provide a list of alternative acceptable paint
colors and color schemes that may be used.
f. Appeals to City Commission. Any decision of the director made pursuant
to Section 31-233(c)(6)(e) may be appealed to the City Manager or his or
her designee. A decision of the City Manager or his or her designee shall
be appealable to the City Commission, and shall be set for review at the
City of Aventura Ordinance No. 2023-05
next available Commission meeting. The City Manager or the City
Commission shall conduct its own review to determine whether the
requirements for an exemption have been satisfied or that the requested
colors substantially conform to the adopted color palette or color review
chart. Only the City Commission may permit the use of colors or color
schemes that are materially different from those provided in the adopted
color palette or color review chart upon a showing that the color selection
or use of color is harmonious with neighboring structures. For the purpose
of this section, the term "harmonious" shall mean that there is an agreeable
relation between use of colors on and between neighboring structures. In
order to determine whether the use of color(s) is harmonious with
neighboring structures, the City Commission shall rely on the color review
chart and color palette as it has been applied to structures that comply with
the requirements of the color palettes and color review chart within a three
hundred-foot radius of the property in question as a benchmark to guide its
determination.
Section 2. 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 3. Inclusion in the Code. It is the intension 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 relettered to accomplish such intentions; and that the word "Ordinance"
shall be changed to "Section" or other appropriate word.
Section 4. Effective Date. This Ordinance shall be effective immediately upon
adoption of second reading.
The foregoing Ordinance was offered by Vice Mayor Joel, who moved its adoption on first
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. 2023-05
The foregoing Ordinance was offered by Commissioner Friedland, who moved its
adoption on second reading. This motion was seconded by Commissioner Stern, 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
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
Perry od �x� � MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY