Ordinance No. 2023-12 Amending Chapter 31 Land Development Regulations (ICON - LDR2305-0001) - July 11, 2023 CITY OF AVENTURA ORDINANCE NO. 2023-12
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
CHAPTER 31, "LAND DEVELOPMENT REGULATIONS" OF THE CITY
CODE OF ORDINANCES BY AMENDING SECTION 31-21
"DEFINITIONS" AND SECTION 31-145, "TOWN CENTER ZONING
DISTRICTS", SUBSECTION (A), "PURPOSE", AND SUBSECTION (B)
"TOWN CENTER DISTRICT (TC1)", TO ALLOW MULTIFAMILY
RESIDENTIAL DENSITIES WITH A MAXIMUM OF 70 DWELLING UNITS
PER ACRE FOR DEVELOPMENTS PROVIDING AT LEAST 15% OF
THEIR RESIDENTIAL UNITS TO THE CITY'S HERO HOUSING
PROGRAM; SUBJECT TO CONDITIONAL USE APPROVAL;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Aventura, Florida (the "City"), finds
it periodically necessary to amend its Code of Ordinances (the "City Code") in order to
update regulations and procedures to implement municipal goals and objectives; and
WHEREAS, the City of Aventura (the "City"), defines HERO Housing in Section
31-21 of the "Land Development Regulations" (the "LDRs) of the Code of Ordinances
("City Code"); and
WHEREAS, the Applicant, Aventura 2999 LLC, through Application No. LDR2305-
0001 , has requested from the City an amendment to Section 31-145(a) "Town Center
Zoning Districts" and Section 31-145(b), "Town Center (TC1) District"; of Chapter 31 , of
the LDRs of the City Code to allow multifamily residential uses with a maximum density
of 70 dwelling units per acre for developments that dedicate at least 15% of their
residential units as HERO Housing; and
WHEREAS, the City Commission finds that the proposed amendment to Section
31-145 of the City Code to allow multifamily residential uses with a maximum density of
70 dwelling units per acre for developments that dedicate at least 15% of their residential
units as HERO Housing is consistent with the applicable goals, objectives and policies of
the City's Comprehensive Plan; 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
and has recommended approval to the City Commission; and
City of Aventura Ordinance No. 2023-12
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 proposed amendment, and
finds that it is in the best interest of the public to amend Sections 31-21 and 31-145 of the
LDRs as set forth in this Ordinance; and
WHEREAS, the City Commission has reviewed the action set forth in the
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, AS FOLLOWS:
Section 1. Findings. That the foregoing "Whereas" clauses are hereby ratified
and incorporated as the legislative intent of this Ordinance.
Section 2. City Code Amended. That Section 31-21 "Definitions" of Article II
"Definitions and Rules of Construction", and Sections 31-145(a) "Purpose" and 31-145(b)
"Town Center District (TC1)" of Article VII "Use Regulations", of Chapter 31 "Land
Development Regulations" of the City Code are hereby amended to read as follows':
Sec. 31-21. Definitions.
Height shall mean the vertical distance between the finished elevation at the center of
the front of the building to the highest point of the roof surface, excluding mechanical
equipment, chimneys, spires, steeples, radio or television antenna, flag poles, solar apparatus
and utility poles. The height of a structure shall be measured to the mean height between eaves
and ridge for a gable, hip and gambrel roof and to the highest point, excluding parapet, of a flat
roof and to the deckline of a mansard roof.
HERO Housing shall mean residential dwelling units constructed after May 1, 2023 that
are subject to an agreement between the City and the developer of such residential units,
including a recorded covenant running with the land, by which such units are made available to
individuals at less-than market rate pricing. The units shall be made available pursuant to the
City's HERO Housing Program Guidelines as adopted and amended from time to time by
Resolution of the City Commission and in accordance with the terms set forth in the agreement
with the developer.
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. 2023-12
Home occupation shall mean a business or occupation conducted for limited business
activities in a residential district.
Sec. 31-145.Town Center Zoning Districts.
(a) Purpose. The purpose and intent of these districts is to provide suitable sites for the
development of residential and commercial uses in a well planned and compatible
manner. The uses within these districts shall be consistent with, but may be more
restrictive than, the corresponding Town Center Land Use category permitted uses.
Residential densities shall not exceed 2-5 70 units per gross acre and nonresidential
densities shall not exceed a floor area ratio of 2.0.
(b) Town Center District(TC1). The following regulations shall apply to all TC1 Districts:
(3) Conditional uses permitted. The following uses may be established if first approved
as a conditional use:
p. 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 LEED° Gold or Platinum certification, the bonuses in n. and
o. above shall be calculated based on the applicant's total site area, provided that
the new construction that attains LEED° Gold or Platinum certification is the same
size or larger than the total square footage of the existing office building or
buildings.
q. For projects that provide at least 15% of their residential units as HERO Housing,
increased density above 25 units per acre up to 70 units per acre.
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.
Page 3 of 5
City of Aventura Ordinance No. 2023-12
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 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 Kruss, who moved its
adoption on first 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
The foregoing Ordinance was offered by Commissioner Joel, who moved its
adoption on second reading. The motion was seconded by Vice Mayor Bloom, 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
Page 4 of 5
City of Aventura Ordinance No. 2023-12
PASSED on first reading this 6th day of June, 2023.
PASSED AND ADOPTED on second reading this 11th day of July, 2023.
WARD S. WEINBERG, E
MAYOR
ATTEST:
ELLISA L. HORVA , MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
?'i 7 J.1
CITY ATTORNEY
This Ordinance was filed in the Office of the City Clerk this 11 th day of July, 2023.
CITY CLERK
Page 5 of 5