Ordinance No. 2023-13 Amending Chapter 31 Land Development Regulations (ACC - LDR2305-0002) - July 11, 2023 CITY OF AVENTURA ORDINANCE NO. 2023-13
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
CHAPTER 31, "LAND DEVELOPMENT REGULATIONS" OF THE CITY
CODE OF ORDINANCES BY AMENDING SECTION 31-145(E), "TOWN
CENTER OFFICE PARK MIXED USE (TC4) DISTRICT", SUBSECTION
(1), "PURPOSE", AND SUBSECTION (4), "CONDITIONAL USES
PERMITTED" TO ALLOW MULTIFAMILY RESIDENTIAL USES WITH A
MAXIMUM OF 50 DWELLING UNITS PER ACRE; SUBJECT TO
CONDITIONAL USE APPROVAL; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Applicant, Aventura Opportunity Owner LLC, through Application
No. LDR2305-0002, has requested from the City of Aventura (the "City"), an amendment
to Section 31-145(e) "Town Center Office Park Mixed Use (TC4) District", subsections (1)
"Purpose" and (4) "Conditional uses permitted", of Chapter 31 , "Land Development
Regulations" (the "LDRs) of the Code of Ordinances ("City Code") to allow multifamily
residential uses with a maximum density of 50 dwelling units per acre subject to
Conditional Use approval; and
WHEREAS, the City Commission finds that the proposed amendment to Section
31-145(e) of the City Code to allow multifamily residential uses with a maximum density
of 50 dwelling units per acre 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
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 31-145 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.
City of Aventura Ordinance No. 2023-13
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. Section 31-145(e) "Town Center Office Park
Mixed Use (TC4) District", subsections (1) "Purpose"and (4) "Conditional uses permitted",
of Chapter 31 , LDRs of the City Code, are hereby amended to read as follows':
Sec. 31-145. Town Center Zoning Districts.
(e) Town Center Office Park Mixed Use (TC4) District. The following regulations shall apply in
the TC4 District:
(1) Purpose. This district is intended to provide suitable sites for the development of
structures and sites combining residential and commercial uses in a well-planned
and compatible manner, emphasizing office uses with direct access to Biscayne
Boulevard. Any approved site plan in this district shall provide a significant amount
of office space as part of its commercial uses. Residential densities shall not exceed
2-5 50 dwelling units per gross acre and non-residential intensity shall not exceed a
floor area ratio of 2.0.
(4) Conditional uses permitted. The following uses may be established if first approved
as a conditional use:
o. Residential uses that exceed 25 dwelling units per acre, but not to exceed 50
dwelling 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
Underlined text indicates additions. Stricken-through text indicates deletions. Double underline indicates
changes made between first and second reading.
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City of Aventura Ordinance No. 2023-13
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 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. That this Ordinance shall be effective immediately
upon adoption on second reading.
The foregoing Ordinance was offered by Commissioner Joel, 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 No
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 Stern, and
upon being put to a vote, the vote was as follows:
Commissioner Rachel S. Friedland No
Commissioner Billy Joel Yes
Commissioner Paul A. Kruss Yes
Commissioner Dr. Linda Marks No
Commissioner Michael Stern Yes
Vice Mayor Amit Bloom Yes
Mayor Howard S. Weinberg Yes
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City of Aventura Ordinance No. 2023-13
PASSED on first reading this 6th day of June, 2023.
PASSED AND ADOPTED on second reading this 11th day of July, 2023.
HOWARD S. WEINBERG, ES
MAYOR
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ATTEST:
ELLISA L. HORVATH C
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Ordinance was filed in the Office of the City Clerk this 11 th day of July, 2023.
CITY CLERK
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