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Ordinance No. 2023-14 Amending Chapter 31 Land Development Regulations Regarding Submerged Open Space - July 11, 2023 CITY OF AVENTURA ORDINANCE NO. 2023-14 AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 31, "LAND DEVELOPMENT REGULATIONS" OF THE CITY CODE OF ORDINANCES BY CREATING AND DEFINING "COMMITTED SUBMERGED OPEN SPACE," REVISING THE DEFINITION OF "OPEN SPACE," AMENDING THE SITE DEVELOPMENT STANDARD FOR OPEN SPACE, SECTION 31-143(F)(3)(G) IN THE MULTIFAMILY HIGH- DENSITY RESIDENTIAL DISTRICT (RMF4); PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura seeks to amend the City's Land Development Regulations to resolve a conflict between submerged land allowances, the definition of open space, and the resulting calculations; 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 action set forth in this Ordinance and has determined that such action is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Section 31-21 , "Definitions" and Section 31-143, "Residential Zoning Districts" of the City's Land Development Regulations are hereby amended as follows:' Sec. 31-21. Definitions. Committed Submerged Open Space shall mean that portion of a lot, measured in square feet, that is submerged below water and relied upon in calculating the density or Floor Area Ratio (FAR) of a development project upon the upland of the same lot. Committed Submerged Open Space is to be identified on the site plan of the development relying upon it and becomes an integral feature of such site plan. Committed Submerged Open Space, as opposed to upland open space, does not fulfil the Open Space requirements set forth in the site development standards of the zoning district regulations applicable to the lot except as specifically and explicitly allowed Underlined provisions constitute proposed additions to existing text. Stricken-through text indicates deletions. City of Aventura Ordinance No. 2023-14 by those site development standards. Open space shall mean any area of land and OF wate�, which is open and unobstructed from the ground to the sky including wetland mitigation aFeas and aFeas maintained ; a atuFal and RGIOSt heel ehaFaeteF. Open space shall include private parks, buffer yards and common landscaped areas. Open space shall also include 50 percent of the area of landscaped rooftop amenities and landscaped above-ground patios, provided such areas are well landscaped with trees and other plantings and are maintained for the common benefit of and accessible to all occupants of the building. Open space shall also include bicycle and peeleStFian paths exte al to development paFeel. Open space shall not include s bmeFgeel aFeas bete - the GE)RtFE)l , ateF elevation (exclusive "f wetland ^Fens- areas covered with buildings, parking areas, driveways and other paved areas and shall not include planter boxes on exterior walls or other above- ground planting areas that are not available for use by building occupants. Open space shall not include areas submerged below water except as specifically and explicitly allowed by the site development standards or the conditional use allowances within the applicable zoning district regulations. Sec. 31-143. Residential Zoning Districts. (f) Multifamily High Density Residential Districts (RMF4). The following regulations shall apply to all RMF4 Districts. (3) Site development standards. g. Minimum open space: 40 percent of the teta4 lot area used in the Floor Area Ratio calculation. Said open space shall be unencumbered with any structure or off- street parking, and shall be landscaped and well maintained with grass,trees, and shrubbery. (FAR is calculated using the upland portion of the site plus the committed submerged open space and does not exceed 2.0. The open space requirement is calculated by adding the upland portion of the site and the committed submerged open space together and then multiplying that total by 40%, but only the upland open space counts toward meeting the open space requirement.) i. Floor area ratio: The floor area ratio shall not exceed the following, provided, however, that structure parking shall not count as a part of the floor area, but shall be counted in computing building height. Page 2 of 4 City of Aventura Ordinance No. 2023-14 Height of Building Floor Area Ratio 1 story 0.40 2 story 0.60 3 story 0.80 4 story 1.00 5 story 1.20 6 story 1.40 7 story 1.60 8 story 1.80 9 story or over 2.00 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 on second reading. 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 No Commissioner Michael Stern Yes Vice Mayor Amit Bloom Yes Mayor Howard S. Weinberg Yes Page 3 of 4 City of Aventura Ordinance No. 2023-14 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 No 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. - �-� WARD S. WEINBERG, E MAYOR C ATTEST: ELLISA L. HORVATFrMMC 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 Page 4 of 4