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Ordinance No. 2023-11 Amending Comprehensive Plan Objective 2 Policy 2.2 (ICON - CPA2305-0001) - July 11, 2023 CITY OF AVENTURA ORDINANCE NO. 2023-11 AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY OF AVENTURA COMPREHENSIVE PLAN BY AMENDING OBJECTIVE 2, POLICY 2.2, OF THE LAND USE GOAL IN THE FUTURE LAND USE ELEMENT TO ALLOW DENSITIES NOT TO EXCEED 70 DWELLING UNITS PER ACRE IN THE TOWN CENTER LAND USE CATEGORY; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; AUTHORIZING TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Department of Economic Opportunity of the State of Florida found the City of Aventura Comprehensive Plan (the "Plan") in Compliance in August 2022; and WHEREAS, the Applicant, Aventura 2999 LLC, has requested from the City of Aventura (the "City") through Application No. CPA2305-0001 , to amend Policy 2.2, Objective 2, of the Land Use Goal in the Future Land Use Element of the Plan, to increase the residential density of the Town Center land use category not to exceed 70 dwelling units per acre; and WHEREAS, the Applicant, through Application No. LDR2305-0001 , has made concurrent application to the City to amend Section 31-145(b) of the City's Land Development Regulations to allow increased density to implement the above described amendment to the Plan, which application is contingent upon the plan amendment transmitted becoming effective; and WHEREAS, the Plan amendment will not result in impacts on any infrastructure system that will exceed established level of service standards and is otherwise consistent with the goals, objectives and policies of the Plan; 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 believes the amendment will maintain the unique aesthetic character of the City and improve the quality of life for its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Findings. That the foregoing "Whereas" clauses are hereby ratified and incorporated as the legislative intent of this Ordinance. City of Aventura Ordinance No. 2023-11 Section 2. Amendment to the Comprehensive Plan. That Objective 2, Policy 2.2 of the Land Use Goal in the Future Land Use Element of the City of Aventura Comprehensive Plan is hereby amended as follows': FUTURE LAND USE ELEMENT LAND USE GOAL Provide the best possible distribution of land use and services to meet the physical, social, cultural and economic needs of the present and future populations of the City. OBJECTIVE 2 The following land use densities, intensities and approaches shall be incorporated in the Land Development Regulations. Measure: Incorporation of the stated land use designations into the Land Development Regulations. Policy 2.2 The Future Land Use map shall identify all nonresidential land as one of the following nonresidential land use categories: Town Center Town Centers are encouraged to become hubs for future urban development in Aventura, around which a more compact and efficient urban structure will evolve. Town Centers are not intended to be Regional Activity Centers, but instead are intended to serve the City's existing and future residents and businesses. Town Centers are intended to be design- unified areas which will contain a mixture of different urban functions integrated both horizontally and vertically. Town Centers shall be characterized by physical cohesiveness, direct accessibility by mass transit service, and high-quality urban design. The development of each Town Center will be managed through the creation of a thematic plan, which shall outline its major characteristics and specify the design and regulatory tools necessary to achieve those characteristics. The implementation Town Centers may be directed through the establishment of zoning and other land use regulations unique to Underlined text indicates additions. Stricken-through text indicates deletions. Double underline indicates changes made between first and second reading. Page 2 of 5 City of Aventura Ordinance No. 2023-11 each zone. Town Centers designed to encourage convenient, internal pedestrian circulation to provide more efficient land use than recent suburban development forms, and to create identifiable centers of activity. They shall be designed to create and identify a distinctive sense of place through unity of design and distinctively urban architectural character of new development and redevelopment. Because some Town Centers are proposed to evolve from existing non-residential areas, the proportion of land given to residential uses will vary over time. However, any area designated as a Town Center should have the capability of being developed or redeveloped with an ultimate residential population of no less than approximately 1 ,000 persons, and a combined density of 13 dwelling units and 50,000 square feet of nonresidential use per acre. Within Town Centers, a maximum floor area ratio of 2.0 and a maximum residential density of 2-5 70 dwelling units per gross acre shall be allowed. Section 3. Severability. That 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 Comprehensive Plan. That it is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Comprehensive Plan of the City of Aventura. Section 5. Transmittal. That the City Clerk is directed to transmit the amendment to the State of Florida Department of Economic Opportunity and to all review agencies required by Section 163.3184 of the Florida Statutes. Section 6. Effective Date. That the effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If the amendment is timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or development dependent on this amendment may be issued or commence before it has become effective. Page 3 of 5 City of Aventura Ordinance No. 2023-11 The foregoing Ordinance was offered by Commissioner Stern, who moved its adoption on first reading. The motion was seconded by Commissioner Kruss, and upon being put to a vote, the vote was as follows: Commissioner Rachel S. Friedland Yes Commissioner Billy Joel Yes Commissioner Paul A. Kruss Yes Commissioner Dr. Linda Marks Yes Commissioner Michael Stern Yes Vice Mayor Amit Bloom Yes Mayor Howard S. Weinberg Yes The foregoing Ordinance was offered by Vice Mayor Bloom, who moved its adoption on second reading. The motion was seconded by Commissioner Joel, and upon being put to a vote, the vote was as follows: Commissioner Rachel S. Friedland Yes Commissioner Billy Joel Yes Commissioner Paul A. Kruss Yes Commissioner Dr. Linda Marks Yes Commissioner Michael Stern Yes Vice Mayor Amit Bloom Yes Mayor Howard S. Weinberg Yes PASSED on first reading this 6th day of June, 2023. PASSED AND ADOPTED on second reading this 11th day of July, 2023. Page 4 of 5 City of Aventura Ordinance No. 2023-11 • lll///lyy/ OWARD S. WEINBERG, E MAYOR ATTEST: ELLISA L. HORVAT , MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Ordinance was filed in the Office of the City Clerk this 11t" day of July, 2023. ,--- =6 A �� ^ P CITY CLERK Page 5 of 5