10-19-2023 City Commission Special Meeting Agenda CITY OF AVENTURA
Aventura Government Center
19200 West Country Club Drive
Aventura, FL 33180
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CITY COMMISSION
SPECIAL MEETING AGENDA
October 19, 2023
Following 9:00 a.m. Local Planning Agency Meeting
Aventura Government Center
5th Floor Executive Conference Room
City Commission
Mayor Howard S. Weinberg, Esq.
Vice Mayor Amit Bloom
Commissioner Rachel S. Friedland, Esq.
Commissioner Billy Joel
Commissioner Paul A. Kruss
Commissioner Dr. Linda Marks
Commissioner Michael Stern
City Manager Ronald J. Wasson
City Clerk Ellisa L. Horvath, MMC
City Attorneys Weiss Serota Helfman Cole & Bierman
Aventura City Commission Special Meeting Agenda October 19, 2023
1. CALL TO ORDER/ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. AVENTURA CITY COMMISSION, ACTING IN ITS CAPACITY AS THE GOVERNING BOARD
FOR THE DON SOFFER AVENTURA HIGH SCHOOL (DSAHS):
A MOTION APPROVING A SCHOOL CALENDAR AMENDMENT FOR THE DON SOFFER
AVENTURA HIGH SCHOOL (DSAHS).
4. AVENTURA CITY COMMISSION, ACTING IN ITS CAPACITY AS THE GOVERNING BOARD
FOR THE DON SOFFER AVENTURA HIGH SCHOOL (DSAHS):
A MOTION APPROVING AN AMENDMENT TO THE DON SOFFER AVENTURA HIGH SCHOOL
(DSAHS)CHARTER SCHOOL CONTRACT WITH THE MIAMI-DADE COUNTY SCHOOL BOARD
TO INCREASE THE ENROLLMENT CAP FROM 800 TO 900 STUDENTS.
5. ORDINANCE - FIRST READING/PUBLIC INPUT:
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, "TOWN CENTER ZONING DISTRICTS", TO ALLOW
MULTIFAMILY RESIDENTIAL DENSITIES WITH A MAXIMUM OF 70 DWELLING UNITS PER
ACRE FOR DEVELOPMENTS THAT PROVIDE 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.
6. ADJOURNMENT
This meeting is open to the public.In accordance with the Americans with Disabilities Act of 1990,all persons who are
disabled and who need special accommodations to participate in this meeting because of that disability should contact
the Office of the City Clerk, (305) 466-8901 or cityclerk@cityofaventura.com, not later than two days prior to such
proceedings. One or more members of the City of Aventura Advisory Boards may participate in the meeting. Anyone
wishing to appeal any decision made by the Aventura City Commission with respect to any matter considered at such
meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based. Agenda items are available online at cityofaventura.com for viewing and printing,or may be requested through
the Office of the City Clerk at(305)466-8901 or cityclerk@cityofaventura.com.
CITY OF "ENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission, Acting in its capacity as the Governing Board for Don
Soffer Aventura High School (DSAHS)
FROM: Ronald J. Wasson, City Manager ;' j
DATE: October 13, 2023
SUBJECT: Motion Approving a School Calendar Amendment for Don Soffer
Aventura High School
October 19, 2023 DSAHS Governing Board Meeting Agenda
RECOMMENDATION
It is recommended to approve an amendment to the DSAHS calendar to accommodate
the 2024 graduation ceremonies.
If you have any questions, please contact me.
RJW/act
Attachment
CC03086-23
DON SOFFER
AVENTURA
HIGH SCHOOL
MEMORANDUM
TO: Ronald J. Wasson, City Manager
FROM: Dr. Geoff McKee, Principal
DATE: October 11, 2023
SUBJECT: School Calendar Change Request
May 28, 2024: Due to time restrictions at our graduation site, the Turnberry Convention Center,
the Class of 2024 Graduation Ceremony has been rescheduled for 11:00 AM on this day. I am
requesting this day to be changed from a half-day of school to a teacher workday since all staff
members will be involved in this ceremony.
June 7, 2023: 1 am requesting this day to be changed from a teacher workday to a half-day of
school with students.This will make up for the lost half-day of school on May 28, 2024.
Thank you for considering this request.
3151 Northeast 213 Street Office: 786-481-3032
Aventura, FL 3318o : " ; 'M " AventuraCharterHS.Org
CITY OF "ENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission, Acting in its capacity as the Governing Board for Don
Soffer Aventura High School (DSAHS)
FROM: Ronald J. Wasson, City Manager ;'
DATE: October 13, 2023
SUBJECT: Motion Approving an Amendment to the Don Soffer Aventura High
School Charter School Contract with the Miami-Dade County School
Board to Increase the Enrollment CAP From 800 to 900 Students
October 19, 2023 DSAHS Governing Board Meeting Agenda
RECOMMENDATION
It is recommended to approve an amendment to the DSAHS Charter School Contract
with the Miami-Dade County School Board increasing the CAP from 800 to 900 students.
This amendment will allow the administration to increase enrollment and FTE funding for
all students. The increased enrollment will eliminate the need for late summer
acceptances or enrollment during the school year. This increase can be easily
accommodated by the current facility.
If you have any questions, please contact me.
RJW/act
Attachment
CC03085-23
DON SOFFER
AVENTURA
HIO A SCHOOL
MEMORANDUM
TO: Ronald J. Wasson, City Manager
FROM: Dr. Geoff McKee, Principal
DATE: October 11, 2023
SUBJECT: Charter Contract Amendment Request to Increase Enrollment Cap
I am requesting that the Governing Board approve a Don Soffer Aventura High School charter
contract amendment to increase the enrollment cap from 800 to 900 students.
Thank you for considering this request.
3151 Northeast 213 Street Office: 786-481-3032
Aventura, FL 3318o r. - �;7-
---- AventuraCharterHS.Org
CITY OF "ENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission _
FROM: Ronald J. Wasson, City Manager
BY: Keven Klopp, Community Development Director
DATE: October 13, 2023
SUBJECT: Proposed Amendments to the Land Development Regulations of the
City of Aventura, Section 31-145, to Allow Density of Up to 70 Dwelling
Units per Acre in the City's Town Center Zoning Districts Subject to
Conditional Use Approval and the Provision of HERO Housing Units
within the Development
October 19, 2023 Local Planning Agency Meeting Agenda
October 19, 2023 City Commission Special Meeting Agenda (First Reading)
November 7, 2023 City Commission Meeting Agenda (Second Reading)
RECOMMENDATION
It is recommended that the City Commission approve amendments to Section 31-145 of
the City of Aventura Land Development Regulations (the "LDRs") to allow residential
densities up to 70 dwelling units per acre to be requested, subject to conditional use
approval, in exchange for the project committing residential units to the City's HERO
Housing program.
THE REQUEST
This request is to allow negotiation of the number of HERO Housing Units instead of
having a static requirement of 15% or more. Note that the density increase is already set
as "up to" 70 units per acre, meaning the density increase is negotiable as well. The
request is also to expand the location from TC-1 only to all Town Center Zoning Districts.
BACKGROUND
ICON is a mixed-use development proposed on property zoned Town Center 1 located
south of Lehman Causeway and to the northeast of the intersection of NE 29 Avenue and
NE 191 Street. The project proposes to provide HERO Housing in order to achieve a
density increase over the 25 units per acre allowed by right.
The Land Development Regulations (LDRs) currently allow a density increase to be
requested if the project provides at least 15% of its residential units as HERO Housing.
The proposed amendments would remove the specific reference to 15% and, thus, allow
ICON to propose a lesser percentage of units as HERO Housing while retaining the right
to request a density increase.
If the proposed amendments to the Land Development Regulations are approved on first
reading, the next step in the development process would be approval of the Code change
and presentation of ICON's Conditional Use approval request at the November 7, 2023
City Commission meeting. Review of the proposed site plan has been underway for
several months.
In addition to eliminating the 15% threshold, the proposed amendments would expand
the zoning districts which provide a density incentive in exchange for the provision of
HERO Housing units. Currently the incentive is only available in TC-1. The proposed
amendments would expand the incentive to all Town Center Zoning Districts (i.e. TC-1,
TC-2, TC-3 and TC-4). This change would expand the HERO Housing opportunity to a
few more locations with proximity to Biscayne Blvd. where transit-oriented density is most
appropriate.
THE PROPOSED AMENDMENTS
The proposed amendments to Section 31-145 of the Land Development Regulations are
provided as an exhibit attached to the proposed ordinance. The proposal adds the HERO
Housing incentive language, as appropriate, to each Town Center Zoning District's list of
Conditional Uses:
ANALYSIS
The proposed amendments were reviewed by staff under the Section 31-77(g) Standards
for reviewing proposed amendments to the text of the LDR of the City Code of
Ordinances-
(1) The proposed amendments are legally required.
The proposed amendments are legally required to implement the requested
revision to the Land Development Regulations (LDRs).
(2) The proposed amendments are consistent with the goals and objectives of the
Comprehensive Plan.
The proposed amendments are consistent with the goals and objectives of the
Comprehensive Plan as it will facilitate the type of more compact and efficient
urban structure contemplated by the Town Center land use category.
2
(3) The proposed amendments are consistent with the authority and purpose of the
LDR.
The proposed amendments are consistent with the authority and purpose of the
Land Development Regulations. The purpose of the LDRs is to implement further
the Comprehensive Plan of the City by establishing regulations, procedures and
standards for review and approval of all development and uses in the City.
(4) The proposed amendments further the orderly development of the City.
The proposed amendments further the orderly development of the City as per
details provided on Paragraph 3 above.
(5) The proposed amendments improve the administration or execution of the
development process.
The proposed amendments improve the administration or execution of the
development process as it provides a process and regulations to implement for
approvals of developments in the Town Center Zoning Districts.
3
CITY OF AVENTURA ORDINANCE NO. 2023-
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, "TOWN
CENTER ZONING DISTRICTS", TO ALLOW MULTIFAMILY
RESIDENTIAL DENSITIES WITH A MAXIMUM OF 70 DWELLING UNITS
PER ACRE FOR DEVELOPMENTS THAT PROVIDE 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, Section 31-145(b), "Town Center One (TC1) District" of Chapter 31,
of the LDRs of the City Code allows 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, setting a specific threshold for the number of residential units to be
dedicated for HERO Housing in exchange for a specific density limit constrains what could
otherwise be mutually beneficial project parameters; and
WHEREAS, expanding the incentive for HERO Housing from Town Center One
(TC1) to all Town Center Districts (TC1 through 4) will allow for consideration of other
projects with potentially mutual beneficial parameters; and
WHEREAS, the City Commission finds that the proposed amendments to Section
31-145 of the City Code to allow multifamily residential uses up to a density of 70 dwelling
units per acre for developments in Town Center zoning districts that dedicate residential
units as HERO Housing, without a percentage constraint, are both flexible and 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
City of Aventura Ordinance No. 2023-
WHEREAS, the Local Planning Agency has reviewed the proposed amendments
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 amendments, and
finds that it is in the best interest of the public to amend 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 Section 31-145 "Town Center Zoning Districts"
of Article VII "Use Regulations", of Chapter 31 "Land Development Regulations" of the
City Code is hereby amended to read as provided in "Exhibit A -- Sec. 31-145. Town
Center Zoning Districts" attached hereto.
Section 3. 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 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.
Page 2 of 4
City of Aventura Ordinance No. 2023-
The foregoing Ordinance was offered by Commissioner who moved its
adoption on first reading. The motion was seconded by Commissioner and
upon being put to a vote, the vote was as follows:
Commissioner Rachel S. Friedland
Commissioner Billy Joel
Commissioner Paul A. Kruss
Commissioner Dr. Linda Marks
Commissioner Michael Stern
Vice Mayor Amit Bloom
Mayor Howard S. Weinberg
The foregoing Ordinance was offered by Commissioner who moved its
adoption on second reading. The motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Rachel S. Friedland
Commissioner Billy Joel
Commissioner Paul A. Kruss
Commissioner Dr. Linda Marks
Commissioner Michael Stern
Vice Mayor Amit Bloom
Mayor Howard S. Weinberg
PASSED on first reading this 19th day of October, 2023.
PASSED AND ADOPTED on second reading this 7t" day of November, 2023.
Page 3 of 4
City of Aventura Ordinance No. 2023-_
HOWARD S. WEINBERG, ESQ.
MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Ordinance was filed in the Office of the City Clerk this day of , 2023.
ELLISA L. HORVATH, MMC
CITY CLERK
Page 4 of 4
City of Aventura Ordinance 2023-_,Exhibit A
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 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:
(1) Uses permitted. No building or structure,or part thereof,shall be erected,altered or used,or land used
in whole or part for other than one or more of the following specific uses, provided the requirements
set forth elsewhere in this section are satisfied:
a. Mixed-use structures. For the purposes of this subsection,mixed-use buildings or structures are
those combining residential dwelling units conforming generally with the intent of the RMF3,
Multi-Family Medium Density Residential District,with office and/or retail commercial uses
allowed in the B1, Neighborhood Business District,where the ratio of total square feet dedicated
to residential and nonresidential uses is between 3:1 and 1:3.
b. Lifestyle center. For purposes of this section,a lifestyle center is a retail-oriented center of
superior design quality that serves the retail needs and lifestyle pursuits of consumers in the
area. Lifestyle centers shall have an open air configuration and shall include a mix of large,
medium and small tenant spaces with at least one,but no more than three,anchor tenants of at
least 30,000 square feet of floor area each.A lifestyle center shall include restaurants,family-
oriented entertainment,apparel stores and other permitted uses in the B1,Neighborhood
Business District,without the size limitations of that district,and may also include permitted uses
in the B2,Community Business District,except those B2 uses specifically prohibited for a lifestyle
center pursuant to section 31-145(b)(4)q. Lifestyle centers shall include design elements that
define their role as a multi-purpose, leisure-oriented,family-friendly destination such as water
features,gathering areas,street furniture and well-developed landscaping within and along
entrances, pedestrian areas and pathways,all of which are intended to create a town center
atmosphere.A lifestyle center shall be within one-half mile of a residential property, but no
residential uses shall be included in the lifestyle center itself.A lifestyle center shall encourage
multi-modal access by incorporating a mass transit stop,convenient pedestrian crosswalks and
bike racks.
(2) Accessory uses permitted. Permitted incidental and accessory uses shall include:
a. Those uses allowed as accessory uses in the RMF3 Multi-Family Medium Density Residential
District,except for uses which, by their nature,would inhibit the establishment of permitted
commercial activities or restrict the acceptable mixing of residential and non-residential uses.
b. Outdoor dining as an accessory use to a permitted restaurant or retail use.
(3) Conditional uses permitted. The following uses may be established if first approved as a conditional
use:
a. Those Uses permitted in the RMF3 District,except that residential uses may not be established in
a lifestyle center.
b. Those Uses permitted in the B1 District.
C. Those Uses permitted in the B1 District with increased floor area.
d. Sale of alcoholic beverages for on-premises consumption except with meals.
Created: 2023-07-26 12:33:02 [EST]
(Supp.No.46)
Page 1 of 19
City of Aventura Ordinance 2023-_,Exhibit A
e. Uses that exceed the height limitations, including parking structures.
f. Aboveground storage tanks.Aboveground storage tanks(AST) only as an accessory use and only
for the purpose of storing fuel for emergency generators.ASTs must conform to the following
requirements:
1. Be of 2,000 gallons capacity or less.
2. Be installed and operated under a valid permit from the Miami-Dade County Department
of Environmental Resources Management.
3. Be fully screened by a masonry or concrete wall with a self-closing and locking metal door
or gate.Such wall shall be landscaped in accordance with the City's Landscape Code.
4. Be located in a manner consistent with the site development standards of the TC1 zoning
district.
Installation of any AST shall require a building permit from the City.Application for building
permit shall be accompanied by a site plan indicating the location of the AST relative to property
lines,the primary structure served by the AST,any other structures within 300 feet as well as a
landscape plan prepared by a Florida licensed architect or landscape architect and other
supporting documentation as deemed necessary by the City Manager or designee.
g. Floor areas that are less than the minimum floor areas required by the provisions of 31-145(5)g
hereof.
h. Allocations of interior spaces other than as set forth in section 31-145(b)(7) hereof.
i. Structured parking that is not incorporated into the building envelope of a primary use structure,
as required by section 31-145(9) hereof.
j. Structured parking that can be seen from a primary use building and that does not have the area
of the top level landscaped and/or decoratively paved in order to provide amenity areas for
building occupants,as required by section 31-238 of this Code.
k. Driveways for mixed-use projects exceeding 20 acres in size with a separation of less than 150
feet of landscaped frontage as long as it is determined,as part of site plan review that:
1. Landscaping for the total project site exceeds the minimum requirements of this Code,and;
2. Traffic studies indicate that a lesser distance between driveways does not constitute a
safety hazard to either vehicular or pedestrian traffic.
I. Off street parking that does not meet the requirements of section 31-171(b)or(d)of this Code.
m. All Uses permitted in the CF District,but not any use listed as a Conditional use in the CF district.
n. For buildings that attain LEED°Gold or Platinum certification as provided in article VI of chapter
14 of the City Code,increased lot coverage, provided that a green roof and/or green rooftop
amenities are provided and maintained for the common benefit of building occupants; and;that
increased Florida-Friendly tree canopy and Florida-Friendly plantings designed to calm the heat
island effect are located on site,all in an amount equal to the requested increased lot coverage.
o. For buildings that attain LEED°Gold or Platinum certification as provided in article VI of chapter
14 of the City Code,increased floor area ratio,not to exceed a floor area ratio of 2.0.
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
Created: 2023-07-26 12:33:02 [EST]
(Supp.No.46)
Page 2 of 19
City of Aventura Ordinance 2023-_,Exhibit A
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 CO' of theiF residential units as HERO Housing, increased
density above 25 units per acre up to 70 units per acre.
(4) Uses prohibited. Except as specifically permitted in this subsection (b),the following uses are expressly
prohibited as either principal or accessory uses:
a. Any use not specifically permitted.
b. Adult entertainment establishments.
C. Sale of goods to other than the ultimate consumer.
d. Sales, purchase,display or storage of used merchandise other than antiques.
e. Sale of fruit or merchandise from trucks,wagons or other vehicles parked on or along public or
private streets or from open stands or vacant lots.Such business on private or public property
shall be conducted only from within approved permanent substantial buildings.
f. Any drive-through service facility,except a drive-through service facility may be permitted for
outparcel buildings in a lifestyle center.
g. The following B2,Community Business District, permitted uses are prohibited in a lifestyle center:
Auditoriums;automobile new parts and equipment,sales only; bait and tackle shops; billiard
rooms and pool rooms; dry cleaning establishments where dry cleaning is performed on site;
electrical appliance and fixture stores including related repair shops; lawn mowers,retail,sales
and service; mortuaries or funeral homes; motorcycle sales and repair; liquor package stores;
bars, lounges and nightclubs; office parks; automatic and hand car washes; hotels, motels and
time share units; stores for the sale or purchase of previously owned jewelry and/or previously
owned precious metals,directly to the ultimate consumer only,except that sales and purchases
may be made between vendors occupying the same unit or establishment.
h. Residential uses in a lifestyle center.
(5) Site development standards.
a. Minimum lot size: 16,000 square feet.
b. Minimum lot width: 100 feet.
C. Maximum lot coverage:45 percent of total lot area.
d. Maximum floor density:
1. Residential component: 25 dwelling units per gross acre.
2. Nonresidential component: 2.0 floor area ratio.
e. Maximum height: Four stories or 50 feet,including parking structures.
f. Setbacks:
1. Front: 25 feet.
2. Side:There is no side yard setback required for a plot not adjacent to a street or alley,or
where such setback is necessary to provide light and air to residential units. In such cases a
side yard setback of 20 feet in depth is required.
Created: 2023-07-26 12:33:02 [EST]
(Supp.No.46)
Page 3 of 19
City of Aventura Ordinance 2023-_,Exhibit A
3. Rear:There is no rear yard setback required for a plot not adjacent to a street or alley,or
where such setback is necessary to provide light and air to residential units. In such cases a
rear yard setback of 20 feet in depth is required.
4. Between buildings: No minimum building separation distance is normally required,except
where necessary to provide light and air to residential units. In such cases, buildings may be
no closer than 25 feet.
g. Minimum floor areas:The minimum floor area not including garage or unairconditioned areas
shall be as follows:
Multiple-family dwelling unit:
Efficiency unit: 800 square feet.
One bedroom unit:900 square feet.
Two bedroom unit: 1,050 square feet.
For each additional bedroom in excess of two add 150 square feet.
Efficiency units shall not exceed 40 percent of the total number of residential units within a
building.
h. Required open space:A minimum of 35 percent of the total lot area of the site shall be provided
as common open space available for use by all residents or consumers;of this common open
space a minimum of one-half shall be unencumbered with any structure(except for play
equipment for children and associated mounting,fencing and furniture)and shall be landscaped
with grass and vegetation approved in a landscape plan.The remaining one-half may be used for
recreational facilities,amenities, pedestrian walks,entrance landscaping and features(not
including gatehouses and associated vehicle waiting areas),or maintenance facilities.
(6) Accessibility for Mixed-Use Structures. All residential units shall be accessible to the outside via a direct
exit or an entry lobby that does not require residents to pass through a leasable commercial space.
(7) Allocation of interior space for Mixed-Use Structures. Retail stores, personal services, banks and
financial services, indoor commercial recreation uses, restaurants and coffee houses,schools, nursery
schools and child care centers are allowed only on the ground floor of mixed-use buildings.Offices and
medical offices are allowed only on the ground and second floors. Residential uses are allowed only on
the second or higher floors.
(8) Garbage containers. All garbage or trash containers,oil tanks and bottle gas tanks must be placed in
walled-in areas so that they shall not be visible from adjoining properties.
(9) Performance Standards. Any structure parking serving the primary use on the site shall be incorporated
into the building envelope and shall be compatibly designed. Structured parking in a lifestyle center is
exempted from the foregoing standard. Such parking structure shall comply with all minimum setback
and buffer yard requirements. Parking structure ceiling heights shall be seven feet six inches except
where greater heights may be required by other regulatory agencies. Pipes,ducts and mechanical
equipment installed below the ceiling shall not be lower than seven feet zero inches above finished
floor.
(10) Design Standards. All mixed use development in the TC1 Zoning District shall substantially comply with
the applicable"Town Center Design Guidelines"as provided by the City Manager.All lifestyle center
development in the TC1 Zoning District shall substantially comply with the"Lifestyle Center in Town
Center District Design Guidelines"dated July,2012, provided by the City Manager.
(c) Town Center Marine District(TC2). The following regulations shall apply to all TC2 Districts.
Created: 2023-07-26 12:33:02 [EST]
(Supp.No.46)
Page 4 of 19
City of Aventura Ordinance 2023-_,Exhibit A
(1) Purpose.This district is intended to provide suitable sites for the development of structures combining
residential and commercial uses located in proximity to marine-related light industrial activities.
Residential units within this district should be developed and sold with the realistic expectation that
limited impacts of noise,odor and dust will be experienced. Residential densities shall not exceed 25
units per gross acre and nonresidential densities shall not exceed a floor area ratio of 2.0.
(2) Uses permitted. No building or structure,or part thereof,shall be erected,altered or used,or land used
in whole or part for other than one or more of the following specific uses, provided the requirements
set forth elsewhere in this section are satisfied:
a. Mixed-use structures. For the purposes of this subsection,mixed-use buildings or structures are
those combining residential dwelling units conforming generally with the intent of the RMF3,
MultiFamily Medium Density Residential District,with office and/or retail commercial uses
allowed in the B1, Neighborhood Business District,where that ratio of total square feet dedicated
to residential and non-residential uses is between 3:1 and 1:3.
b. Dry and wet boat storage.
C. Fabrication and construction of ships and boats.
d. Manufacturing and repair of equipment used in boats,ships and other marine applications,
including cabinets and other interior woodwork;electronic equipment and navigational
equipment and tools.
e. Manufacturing research and development business limited to buildings of 25,000 square feet or
less in area per lot.
f. Marine architects and designers.
g. Marine showrooms.
h. Marine warehouses.
i. Office uses which serve or represent any primary industrial use in the district.
j. Repair and modification of ships and boats.
k. Retail sales of boats and ships, marine equipment and accessories, including fishing equipment
and tackle, but not including the storage or sales of live bait.
I. Retail uses which serve the district.
M. Self service storage facility.
n. Warehousing including crating,packing and shipping.
(3) Accessory uses permitted. Permitted incidental and accessory uses shall include:
a. Those uses allowed as accessory uses in the RMF3 MultiFamily Medium Density Residential
District,except for uses which, by their nature,would inhibit the establishment of permitted
commercial activities or restrict the acceptable mixing of residential and non-residential uses.
b. Fabricators and constructors of ships and boats may operate the following facilities when located
on,or adjacent to,their primary facility.These uses shall open for business no earlier than one
hour before and close no later than one hour after the normal business hours of the primary
facility.
1. Book, map and gift shops.
2. Facilities to accommodate plant tours.
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City of Aventura Ordinance 2023-_,Exhibit A
3. Facilities to manufacture,sell and distribute souvenir clothing and fashion accessories.
4. Museums and instructional centers.
5. Restaurants that do not sell alcoholic beverages.
C. Fabricators and constructors of ships and boats may operate underground tanks for the storage
and dispensing of gasoline,diesel fuel and turbine kerosene,subject to existing Federal,State or
County fire and environmental standards.
d. Manufacturing and fabrication facilities are allowed one dwelling unit per site for the exclusive
residential use of a security guard or plant manager,provided that the floor area of the dwelling
unit does not exceed ten percent of the total floor area of the facility.
e. Outdoor dining as an accessory use to a permitted restaurant or retail use.
(4) Conditional uses permitted. The following uses may be established if first approved as a conditional
use:
a. Those uses permitted in the RMF3 District.
b. Those uses permitted in the 131 District.
C. Those uses permitted in the OP District.
d. Those uses permitted in the U District.
e. Those uses permitted in the ROS District.
f. Daycare centers.
g. Health club or spa and physical fitness facilities.
h. Marinas.
i. Museums.
j. Restaurants and pubs.
k. Sale of alcoholic beverages for on-premises consumption except with meals.
I. Sale, rental,service and storage of motor vehicles.
M. Stores for the sale or rent of new or used merchandise,conducted solely within a building,
whether or not to the ultimate consumer.
n. Uses that exceed the height limitations, including parking structures.
o. All Uses permitted in the CF District,but not any use listed as a Conditional use in the CF district.
p. For buildings that attain LEED°Gold or Platinum certification as provided in article VI of chapter
14 of the City Code,increased lot coverage, provided that a green roof and/or green rooftop
amenities are provided and maintained for the common benefit of building occupants; and;that
increased Florida-Friendly tree canopy and Florida-Friendly plantings designed to calm the heat
island effect are located on site,all in an amount equal to the requested increased lot coverage.
q. For buildings that attain LEED°Gold or Platinum certification as provided in article VI of chapter
14 of the City Code,increased floor area ratio,not to exceed a floor area ratio of 2.0.
r. 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 p.and q.above shall be calculated based on the applicant's
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City of Aventura Ordinance 2023-_,Exhibit A
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.
S. For projects that provide residential units as HERO Housing,increased density above 25 units per
acre up to 70 units per acre.
(5) Uses prohibited. Except as specifically permitted in this subsection (c),the following uses are expressly
prohibited as either principal or accessory uses:
a. Any use not specifically permitted.
b. Adult entertainment establishments.
C. Airport or heliport.
d. Any drive-through service facility.
e. Any processing of animal products or disposal or incineration of dead animals.
f. Bars and cocktail lounges.
g. Bus storage or repair facilities.
h. Die casting.
i. Drop forging.
j. Fish smoking,curing and canning.
k. Foundry.
I. Institution for the housing of sick, indigent,aged or minor persons.
M. Manufacture of asphalt,brick,tile,glues,cement,lime,plaster,concrete or products thereof,
acids,carbon, plastics,disinfectants, poison, insecticides and batteries.
n. Manufacturing and/or storage of explosives or explosives materials.
o. Meat processing or slaughtering.
p. Mortuaries.
q. Oil compounding or barreling.
r. Open air display,sale or storage of merchandise,materials or equipment,or any service or
process performed outdoors unless enclosed by a masonry wall not less than six feet in height.
S. Open air storage in bulk of asphalt,brick, building materials,butane,cement,clay products,
concrete products,contractors equipment,fuel,gravel, hay,grease, lime, plaster, pipe,lumber,
machinery, roofing,sand,stone,tar or creosoted products,timber or wood.
t. Paint or varnish manufacturing.
U. Pulp or paper mills.
V. Recycling or processing of construction and demolition debris or materials recycling facilities.
W. Sale of fruit or merchandise from trucks,wagons or other vehicles parked on or along public or
private streets or from open stands or vacant lots.Such business on private or public property
shall be conducted only from within approved permanent substantial buildings.
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City of Aventura Ordinance 2023-_,Exhibit A
X. Sale of goods to other than the ultimate consumer.
y. Sales, purchase,display or storage of used merchandise other than antiques.
Z. Salvage yards,automobile crushing operations,storage of automobiles or trucks for parts sales.
(6) Limitations of uses and structures. All permitted uses in this district shall be conducted within a
completely enclosed building except as follows:
a. Overhead doors or other openings larger than eight feet in width shall not be located on the
immediate streetside elevations of buildings. However,on corner and double frontage lots said
doors shall be permitted behind a six-foot decorative masonry wall with doors fronting
properties of like zoning. If oriented toward contiguous residentially zoned land said opening
shall be screened in accordance with the requirements contained in these LDRs.
b. Building facades facing roadways shall be designed to appear to be the fronts of buildings.This
provision shall apply to corner and double frontage lots.
(7) Site development standards.
a. Minimum lot size: 16,000 square feet.
b. Minimum lot width: 100 feet.
C. Maximum lot coverage:45 percent of total lot area.
d. Maximum floor density:
1. Residential component: 25 dwelling units per gross acre.
2. Non-residential component:2.0 floor area ratio.
e. Maximum height: Four stories or 50 feet,including parking structures.
f. Setbacks:
1. Front: 25 feet.
2. Side:There is no side yard setback required for a plot not adjacent to a street or alley,or
where such setback is necessary to provide light and air to residential units. In such cases a
side yard setback of 20 feet in depth is required.A minimum side yard setback of ten feet
from edge of water is required,where applicable.
3. Rear:There is no rear yard setback required for a plot not adjacent to a street or alley,or
where such setback is necessary to provide light and air to residential units. In such cases a
rear yard setback of 20 feet in depth is required.A minimum rear yard setback of ten feet
from edge of water is required.
4. Between buildings: No minimum building separation distance is normally required,except
where necessary to provide light and air to residential units. In such cases, buildings may be
no closer than 25 feet.
g. Minimum floor areas:The minimum floor area not including garage or unairconditioned areas
shall be as follows:
Multiple-family dwelling unit:
Efficiency unit: 800 square feet.
One bedroom unit:900 square feet.
Two bedroom unit: 1,050 square feet.
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City of Aventura Ordinance 2023-_,Exhibit A
For each additional bedroom in excess of two add 150 square feet.
Efficiency units shall not exceed 40 percent of the total number of residential units within a
building.
h. Minimum open space:
1. Any uses that include a residential component:A minimum of 35 percent of the total lot
area of the site shall be provided as common open space available for use by all residents;
of this common open space a minimum of one-half shall be unencumbered with any
structure(except for play equipment for children and associated mounting,fencing and
furniture) and shall be landscaped with grass and vegetation approved in a landscape plan.
The remaining one-half may be used for recreational facilities,amenities, pedestrian walks,
entrance landscaping and features(not including gatehouses and associated vehicle
waiting areas),or maintenance facilities.
2. Non-residential uses:A minimum of 15 percent of the total lot area.Said landscaped open
space may include entrance features, passive recreational uses and/or pedestrian
walkways.
3. The above minimum requirements may also include 50 percent of roof decks and other
above-grade surfaces which are provided and maintained for the common benefit of all
occupants of the building.Water bodies may be used as part of the required landscaped
open space but such water areas shall not be credited for more than 20 percent of the
required open space.
(8) Accessibility. All residential units shall be accessible to the outside via a direct exit or an entry lobby
that does not require residents to pass through a leasable commercial space.
(9) Allocation of interiorspace. Retail stores, personal services, banks and financial services, indoor
commercial recreation uses, restaurants and coffee houses,schools, nursery schools and child care
centers are allowed only on the ground floor of mixed-use buildings.Offices and medical offices are
allowed only on the ground and second floors. Residential uses are allowed only on the second or
higher floors.
(10) View corridors to bay or ocean. All sites abutting a waterway shall maintain a visual passageway area
unencumbered with any structure or off-street parking area.This view corridor shall extend from the
waterway to the street most nearly parallel to the mean high tide line.The width of this view corridor
shall equal an aggregate area of 20 percent of the average of two frontages on either end of the view
corridor,to a maximum of 100 feet. Each corridor shall not be less than ten percent of the required
view corridor.
(11) Performance standards.
a. No building or structure,or part thereof,shall be erected or used, in whole or in part,in any
manner that is obnoxious,objectionable,a nuisance or a hazard to adjoining properties,as it
relates to sound,vibrations,odors,glare, radioactive materials,smoke and particular matters.
b. All necessary exterior lighting on the lot shall be installed so as not to cause any nuisance or glare
to adjoining areas.
C. All garbage or trash containers,oil tanks and bottle gas tanks must be placed in walled-in areas so
that they shall not be visible from adjacent properties.
d. There shall be no open outside storage of materials,supplies, products,equipment or machinery
or marine vehicles,except automotive vehicles, unless area used for such outside storage is
effectively screened from the direct view at ground level from any street or from adjacent
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City of Aventura Ordinance 2023-_,Exhibit A
property.Said screening shall form a complete opaque screen up to eight feet in height. Said
screen may include fencing, provided that said fence is surrounded by trees and/or hedges of a
height not less than three feet at time of planting and maintained at the height of the fence.
Outdoor storage shall be meant to include parking of all company owned and operated vehicles
with the exception of passenger vehicles. No storage shall be permitted between a frontage
street and the building line unless behind a six-foot decorative masonry wall.Such wall shall be
constructed a minimum of five feet from the property line and densely landscaped in the
required five-foot strip.
e. Except as provided below,all other fuel tanks, regardless of type,will be located underground.
There will be no bulk storage of any fuels permitted other than fuels stored for the purpose of
servicing vehicles used in the regular course of business and for back-up generator day tanks.
Aboveground fuel storage tanks(AST)may be above ground for emergency generators only as an
accessory use,subject to compliance with the following requirements:
1. Be of 2,000 gallons capacity or less.
2. Be installed and operated under a valid permit from the Miami-Dade County Department
of Environmental Resources Management.
3. Be fully screened by a masonry or concrete wall with a self-closing and locking metal door
or gate.Such wall shall be landscaped in accordance with the City's Landscape Code.
4. Be located in a manner consistent with the site development standards of the zoning
district.
Installation of any AST shall require a building permit from the City.Application for building
permit shall be accompanied by a site plan indicating the location of the AST relative to property
lines,the primary structure served by the AST,any other structures within 300 feet as well as a
landscape plan prepared by a Florida licensed architect or landscape architect and other
supporting documentation as deemed necessary by the City Manager or designee.
f. All improved land shall be well graded and free from underbrush and objectionable plant growth.
All unimproved land shall be kept free from debris and shall not be used for storage of any
materials.The road right-of-way landscaped areas shall be mowed at least every two weeks by
the adjacent property owner.
g. All property shall be kept free from rubbish or debris.All buildings shall be kept painted and
protected from deterioration and shall not be permitted to become dilapidated.
h. All driveways,walkways, parking areas,storage and loading areas of developed property shall be
well graded and surfaced with at least asphaltic concrete or other equivalent hard,dustless
materials.
i. The nature of any light industrial use shall not be dangerous to the comfort,peace,enjoyment,
health or safety of the community or the abutting areas or create a disturbance or nuisance.
j. Structure parking:Any structure parking serving the primary use on the site shall be incorporated
into the building envelope and shall be compatibly designed. Such parking structure shall comply
with all minimum setback and buffer yard requirements. Parking structure ceiling heights shall be
seven feet six inches except where greater heights may be required by other regulatory agencies.
Pipes,ducts and mechanical equipment installed below the ceiling shall not be lower than seven
feet zero inches above finish floor.
(12) Design standards. All development in the TC2 Zoning District shall substantially comply with the
applicable"Town Center Design Guidelines"as provided by the City Manager.
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City of Aventura Ordinance 2023-_,Exhibit A
(d) Town Center Neighborhood(TC3)District.The following regulations shall apply to all TC3 Districts:
(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 in existing
neighborhoods on property that provides lot frontage on at least three public streets and does not
front upon or access Biscayne Boulevard. Development in this district shall provide for indoor and/or
outdoor commercial recreation uses and shall provide a minimum of 20,000 square feet per gross acre
of assisted living facility use as part of its commercial uses. Residential densities shall not exceed 20
dwelling units per gross acre and non-residential intensity shall not exceed a floor area ratio of 2.0.
(2) Uses Permitted. No building or structure,or part thereof,shall be erected,altered or used,or land used
in whole or part for other than a combination of all of the following specific uses, provided the
requirements set forth elsewhere in this section are satisfied:
a. Mixed-use structures. For the purposes of this subsection,mixed-use buildings or structures are
those combining residential dwelling units conforming generally with the intent of the RMF3,
Multifamily Medium Density Residential District,with office and/or retail commercial uses
allowed in the B1, Neighborhood Business District,where the ratio of total square feet dedicated
to residential and non-residential uses is between 3.5:1 and 1:3.5.
b. Assisted living facilities with a minimum of 20,000 square feet per gross acre and with a minimum
gross floor area of 600 square feet per unit.
C. Indoor and outdoor commercial recreational uses with a maximum of 1,000 square feet of total
floor area per establishment.
d. Hotels,with a minimum of 180 rooms and with a minimum gross floor area of a rental sleeping
room of 400 square feet.
(3) Accessory uses permitted. Permitted incidental and accessory uses shall include:
a. Those uses allowed as accessory uses in the RMF3 Multi-Family Medium Density Residential
District,except for uses which, by their nature,would inhibit the establishment of permitted
commercial activities or restrict the acceptable mixing of residential and non-residential uses.
b. Outdoor dining as an accessory use to a permitted restaurant or retail use.
(4) Conditional uses permitted. The following uses may be established if first approved as a conditional
use:
a. Those Uses permitted in the 131 District with increased floor area.
b. Uses that exceed the height limitations of subsection 31-145(d)(6),including parking structures.
C. Indoor and outdoor commercial recreation uses with more than 1,000 square feet per
establishment.
d. Aboveground storage tanks.Aboveground storage tanks(AST) only as an accessory use and only
for the purpose of storing fuel for emergency generators.ASTs must conform to the following
requirements:
1. Be of 2,000 gallons capacity or less.
2. Be installed and operated under a valid permit from the Miami-Dade County Department
of Environmental Resources Management.
3. Be fully screened by a masonry or concrete wall with a self-closing and locking metal door
or gate.Such wall shall be landscaped in accordance with the City's Landscape Code.
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City of Aventura Ordinance 2023-_,Exhibit A
4. Be located in a manner consistent with the site development standards of the TC1 Zoning
District.
Installation of any AST shall require a building permit from the City.Application for building
permit shall be accompanied by a site plan indicating the location of the AST relative to property
lines,the primary structure served by the AST,any other structures within 300 feet as well as a
landscape plan prepared by a Florida licensed architect or landscape architect and other
supporting documentation as deemed necessary by the City Manager or designee.
e. Floor areas that are less than the minimum floor areas required by the provisions of Section 31-
145(d)(6)g hereof.
f. Allocations of interior spaces for mixed-use structures other than as set forth in Section 31-
145(d)(8) hereof.
g. Structured parking that is not incorporated into the building envelope of a primary use structure,
as required by Section 31-145(d)(9) hereof.
h. Structured parking that can be seen from a primary use building and that does not have the area
of the top level landscaped and/or decoratively paved in order to provide amenity areas for
building occupants,as required by Section 31-238 of this Code.
i. Driveways with a separation of less than 150 feet of landscaped frontage as long as it is
determined,as part of site plan review that:
1. Landscaping for the total project site exceeds the minimum requirements of this Code,and;
2. Traffic studies indicate that a lesser distance between driveways does not constitute a
safety hazard to either vehicular or pedestrian traffic.
j. Off-street parking that does not meet the requirements of Section 31-171(b)or(d)of this Code.
k. All Uses permitted in the CF District,but not any use listed as a Conditional use in the CF district.
1. For buildings that attain LEED°Gold or Platinum certification as provided in Article VI of Chapter
14 of the City Code,increased lot coverage, provided that a green roof and/or green rooftop
amenities are provided and maintained for the common benefit of building occupants; and;that
increased Florida-Friendly tree canopy and Florida-Friendly plantings designed to calm the heat
island effect are located on site,all in an amount equal to the requested increased lot coverage.
M. For buildings that attain LEED°Gold or Platinum certification as provided in Article VI of Chapter
14 of the City Code,increased floor area ratio,not to exceed a floor area ratio of 2.0.
n. 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 I.and m.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.
o. For projects that provide residential units as HERO Housing,increased density above 20 units per
acre up to 70 units per acre.
(5) Uses prohibited. Except as specifically permitted in this subsection (b),the following uses are expressly
prohibited as either principal or accessory uses:
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City of Aventura Ordinance 2023-_,Exhibit A
a. Any use not specifically permitted.
b. Adult entertainment establishments.
C. Sale of goods to other than the ultimate consumer.
d. Sales, purchase,display or storage of used merchandise other than antiques.
e. Sale of fruit or merchandise from trucks,wagons or other vehicles parked on or along public or
private streets or from open stands or vacant lots.Such business on private or public property
shall be conducted only from within approved permanent substantial buildings.
f. Any drive-through service facility.
(6) Site development standards.
a. Minimum lot size: Five gross acres.
b. Minimum lot width: 100 feet.
C. Maximum lot coverage:45 percent of total lot area, provided that if 80 percent or more of the
required parking spaces is provided in a parking structure, lot coverage may be increased to a
maximum of 55 percent of the total lot area.
d. Maximum floor density:
1. Residential component: 20 dwelling units per gross acre.
2. Nonresidential component: 2.0 floor area ratio.
e. Maximum height: Four stories or 50 feet. including parking structures.
f. Setbacks:
1. Front:25 feet.
2. Side:There is no side yard setback required for a lot that is not adjacent to a street or alley,
unless such setback is necessary to provide light and air to residential units. In such cases a
side yard setback of 20 feet in depth is required.
3. Street side:20 feet.
4. Rear.There is no rear yard setback required for a plot not adjacent to a street or alley,
unless such setback is necessary to provide light and air to residential units. In such cases a
rear yard setback of 20 feet in depth is required.
5. Rear street:20 feet.
6. Between buildings:No minimum building separation distance is normally required,except
where necessary to provide light and air to residential units. In such cases, buildings may be
no closer than 25 feet.
g. Minimum floor areas:The minimum floor area not including garage or unairconditioned areas
shall be as follows,except that conditional use approval may be granted to authorize a reduction
in the following minimum floor areas in accordance with Section 31-145(d)(4)d:
Multiple family dwelling unit:
Efficiency unit:800 square feet.
One bedroom unit:900 square feet.
Two bedroom unit: 1,050 square feet.
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City of Aventura Ordinance 2023-_,Exhibit A
For each additional bedroom in excess of two add 150 square feet.
Efficiency units shall not exceed 40 percent of the total number of residential units within a
building.
h. Required open space:A minimum of 35 percent of the total lot area of the site shall be provided
as common open space available for use by all residents or consumers;of this common open
space a minimum of one-half shall be unencumbered with any structure(except for play
equipment for children and associated mounting,fencing and furniture)and shall be landscaped
with grass and vegetation approved in a landscape plan.The remaining one-half may be used for
non-commercial recreational facilities,amenities, pedestrian walks,entrance landscaping and
features(not including gatehouses and associated vehicle waiting areas),or maintenance
facilities.
(7) Accessibility for Mixed-Use Structures. All residential units shall be accessible to the outside via an entry
lobby that does not require residents to pass through a leasable commercial space.
(8) Allocation of interior space for Mixed-Use Structures. Retail stores, personal services, banks and
financial services, indoor commercial recreation uses, restaurants and coffee houses,schools, nursery
schools and child care centers are allowed only on the ground floor of mixed-use buildings.Offices and
medical offices are allowed only on the ground and second floors. Residential uses are allowed only on
the second or higher floors. In accordance with Section 31-145(d)(4)e,conditional use approval may be
granted to authorize a waiver from such requirements for allocations of interior space in mixed-use
structures.
(9) Performance standards. Any structured parking serving the primary use on the site shall be
incorporated into the building envelope and shall be compatibly designed. Such parking structure shall
comply with all minimum setback and buffer yard requirements. Parking structure ceiling heights shall
be seven feet six inches except where greater heights may be required by other regulatory agencies.
Pipes,ducts and mechanical equipment installed below the ceiling shall not be lower than seven feet
zero inches above finished floor. In accordance with Section 31-145(d)(4)f,conditional use approval
may be granted to authorize a waiver from the requirements that structured parking be incorporated
into the building envelope of a primary use structure and that such structured parking conform to
Section 31-238.
(10) Design standards. All development in the TC3 Zoning District shall be compatible with existing adjacent
development.Specifically,when greater heights are immediately adjacent to existing development,
such height shall be graduated by steps so that the part of the structure within 50 feet of the property
boundary is the same or lower height as existing adjacent residential development. Development in the
TC3 District shall substantially comply with the applicable"Town Center Design Guidelines",as
provided by the City Manager and adopted through Ordinance No. 2006-02 on February 7,2006.
(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 25 dwelling units per gross acre and non-residential intensity shall not exceed a floor area ratio
of 2.0.
(2) Uses Permitted. No building or structure,or part thereof,shall be erected,altered or used,or land used
in whole or part for other than a combination of all of the following specific uses, provided the
requirements set forth elsewhere in this section are satisfied:
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City of Aventura Ordinance 2023-_,Exhibit A
a. Mixed-use structures. For the purposes of this subsection,mixed-use buildings or structures are
those combining residential dwelling units conforming generally with the intent of the RMF3,
Multifamily Medium Density Residential District,with office and/or retail commercial uses
allowed in the B1, Neighborhood Business District.
b. Office space comprising no less than 40 percent of the non-residential square feet of floor area
on site.
C. Hotels,with a minimum of 100 rooms.
d. Kiosks and outdoor vending,when located within 100 feet of a lake or pond.
e. A previously-approved,existing use permitted under the previously applicable zoning regulations,
such as an existing bank with a drive-through,constitutes a legal conforming use in the TC4
District.
f. Health and Exercise Clubs and Spas.
g. Outdoor entertainment, including sales from trucks,wagons,or vehicles parked on public or
private streets or pedestrian walkways may be permitted from time to time through Special
Events permits issued by the City Manager or designee.
(3) Accessory uses permitted. Permitted incidental and accessory uses shall include:
a. Those uses allowed as accessory uses in the RMF3 Multi-Family Medium Density Residential
District,except for uses which, by their nature,would inhibit the establishment of permitted
commercial activities or restrict the acceptable mixing of residential and non-residential uses.
b. Outdoor dining as an accessory use to a permitted restaurant or retail use.
(4) Conditional uses permitted. The following uses may be established if first approved as a conditional
use:
a. Those uses permitted in the 131 District with increased floor area.
b. Uses that exceed the height limitations of Subsection 31-145(e)(6)e.,including parking structures.
C. Indoor and outdoor commercial recreation uses.
d. Aboveground storage tanks.Aboveground storage tanks(AST) only as an accessory use and only
for the purpose of storing fuel for emergency generators.ASTs must conform to the following
requirements:
1. Be of 2,000 gallons capacity or less.
2. Be installed and operated under a valid permit from the Miami-Dade County Department
of Environmental Resources Management.
3. Be fully screened by a masonry or concrete wall with a self-closing and locking metal door
or gate.Such wall shall be landscaped in accordance with the City's Landscape Code.
4. Be located in a manner consistent with the site development standards of the TC1 Zoning
District.
Installation of any AST shall require a building permit from the City.Application for building
permit shall be accompanied by a site plan indicating the location of the AST relative to property
lines,the primary structure served by the AST,any other structures within 300 feet as well as a
landscape plan prepared by a Florida licensed architect or landscape architect and other
supporting documentation as deemed necessary by the City Manager or designee.
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City of Aventura Ordinance 2023-_,Exhibit A
e. Floor areas that are less than the minimum floor areas required by the provisions of Subsection
31-145(e)(6)g hereof.
f. Structured parking that is not incorporated into a primary use structure's building envelope,as
required by Subsection 31-145(e)(8) hereof.
g. Any top-level surface area of structured parking that can be seen from a primary use building and
does not have the area of the top level landscaped and/or decoratively paved in order to provide
amenity areas for building occupants,as required by Section 31-238 of this Code.
h. Driveways with a separation of less than 150 feet of landscaped frontage as long as it is
determined,as part of site plan review that:
1. Landscaping for the total project site exceeds the minimum requirements of this Code,and;
2. Traffic studies indicate that a lesser distance between driveways does not constitute a
safety hazard to either vehicular or pedestrian traffic.
i. Off-street parking that does not meet the requirements of Subsection 31-171(b)or(d) of this
Code.
j. All Uses permitted in the CF District,but not any use listed as a Conditional use in the CF district.
k. For buildings that attain LEED°Gold or Platinum certification as provided in Article VI of Chapter
14 of the City Code,increased lot coverage, provided that a green roof and/or green rooftop
amenities are provided and maintained for the common benefit of building occupants; and;that
increased Florida-Friendly tree canopy and Florida-Friendly plantings designed to calm the heat
island effect are located on site,all in an amount equal to the requested increased lot coverage.
I. For buildings that attain LEED°Gold or Platinum certification as provided in Article VI of Chapter
14 of the City Code,increased floor area ratio,not to exceed a floor area ratio of 2.0.
M. 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 I.and m.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.
n. For projects that provide residential units as HERO Housing,increased density above 25 units per
acre up to 70 units per acre.
o.n. Live/work units included within the overall density limits set forth in Subsection (6)d.and
adhering to the following:
1. Located within a multi-story mixed-use building with strictly commercial uses on at least
the first floor or in the ground floor of townhouse dwelling units that do not front Biscayne
Blvd.The minimum size for each Live/work unit is 850 square feet.The work portion of the
unit must not exceed 50 percent of the total floor area of the live/work unit.
2. The predominate use of each live/work unit is residential,with commercial activity as a
secondary use.The quiet enjoyment expectations of residential neighbors take precedence
over the work needs of a live/work unit.
3. Commercial uses in live/work units must be conducted entirely within the unit.
4. No more than two employees or independent contractors who do not reside at the address
may work at the business.
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City of Aventura Ordinance 2023-_,Exhibit A
5. Signage for live/work units is limited to one non-illuminated wall or window sign up to
three square feet and located on the same wall as the entrance to the unit.
6. No commodities,stores,or display of products on the premises shall be visible from the
street or surrounding residential area,and no outdoor display or storage of materials,
goods,supplies,or equipment used in the live/work unit shall be permitted on the
premises.
7. Required parking spaces per unit shall be in accordance with general residential parking
standards, plus one space,which space may not be reserved for the live/work unit.
8. No equipment shall be used which creates noise,vibration,glare,fumes,or odors outside
the dwelling unit that are objectionable to the normal senses.
9. Commercial uses in live/work units are limited to offices,studios,services and incidental
retail.Visits from customers,clients,and suppliers shall average no more than a total of 30
visits per week.
10. The owner/occupant of a live/work unit must maintain a valid City of Aventura local
business tax receipt for the business on the premise. Payment of the annual local business
tax will be required prior to occupancy and annually thereafter.
Nothing herein shall be construed to conflict with any applicable state laws.
(5) Uses prohibited. Except as specifically permitted in this subsection (b),the following uses are expressly
prohibited as either principal or accessory uses:
a. Any use not specifically permitted.
b. Adult entertainment establishments.
C. Sale of goods to other than the ultimate consumer.
d. Sales, purchase,display or storage of used merchandise other than antiques.
(6) Site development standards.
a. Minimum lot size: Five gross acres.
b. Minimum lot width: 100 feet.
C. Maximum lot coverage:45 percent of total lot area, provided that if 80 percent or more of the
required parking spaces is provided in a parking structure, lot coverage may be increased to a
maximum of 55 percent of the total lot area.
d. Maximum floor area and density:
1. Residential component: 25 dwelling units per gross acre.
2. Nonresidential component: 2.0 floor area ratio.
e. Maximum height:Ten stories or 100 feet,including parking structures.
f. Setbacks:
1. Front: 25 feet.
2. Side:There is no side yard setback required for a lot that is not adjacent to a street or alley,
unless such setback is necessary to provide light and air to residential units. In such cases a
side yard setback of 20 feet in depth is required.
3. Street side:20 feet.
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City of Aventura Ordinance 2023-_,Exhibit A
4. Rear:There is no rear yard setback required for a plot not adjacent to a street or alley,
unless such setback is necessary to provide light and air to residential units. In such cases a
rear yard setback of 20 feet in depth is required.
5. Rear street: 20 feet.
6. Between buildings: No minimum building separation distance is normally required,except
where necessary to provide light and air to residential units. In such cases, buildings may be
no closer than 25 feet.
g. Minimum floor areas:The minimum floor area not including garage or unairconditioned areas
shall be as follows,except that conditional use approval may be granted to authorize a reduction
in the following minimum floor areas in accordance with Subsection 31-145(e)(4)e.:
Multiple-family dwelling unit:
Efficiency unit: 800 square feet.
One-bedroom unit:900 square feet.
Two-bedroom unit: 1,050 square feet.
For each additional bedroom in excess of two add 150 square feet.
Efficiency units shall not exceed 40 percent of the total number of residential units within a
building.
h. Required open space:A minimum of 30 percent of the total lot area of the site shall be provided
as common open space available for use by all residents or consumers;of this common open
space a minimum of one-third shall be unencumbered with any structure (except for play
equipment for children and associated mounting,fencing and furniture)and shall be landscaped
with grass and vegetation approved in a landscape plan.The remaining two-thirds may be used
for non-commercial recreational facilities,amenities, pedestrian walks,entrance landscaping and
features(not including gatehouses and associated vehicle waiting areas).Water bodies may be
used toward the calculation of required open space.
i. Design standards:All Development in the TC4 Zoning District shall be compatible with existing
adjacent development. Specifically,where greater heights are immediately adjacent to existing
residential development,such height shall be graduated by steps so that the part of the structure
within 50 feet of the property boundary is no more than two stories higher than existing
residential development.
j. Transportation standards:
1. A ride sharing,valet,and transit accommodation plan acceptable to the Community
Development Director shall be provided at time of site plan approval.
2. A bicycle parking plan and residential bicycle storage accommodations acceptable to the
Community Development Director shall be provided at time of site plan approval.to
provide light and air to residential units. In such cases a side yard setback of 20 feet in
depth is required.
3. On-street parking,on both internal and external streets,shall be provided wherever
feasible as shown on an on-street parking plan acceptable to the Community Development
Director at time of site plan approval.A ride sharing,valet,and transit accommodation plan
acceptable to the Community Development Director shall be provided at time of site plan
approval.
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City of Aventura Ordinance 2023-_,Exhibit A
(7) Accessibility for Mixed-Use Structures. All residential dwelling units shall be accessible to the outside via
an entry lobby that does not require residents to pass through a leasable commercial space.
(8) Performance standards. Any structured parking serving the primary use on the site shall be
incorporated into the building envelope and shall be compatibly designed. Such parking structure shall
comply with all minimum setback and buffer yard requirements. Parking structure ceiling heights shall
be seven feet six inches except where greater heights may be required by other regulatory agencies.
Pipes,ducts and mechanical equipment installed below the ceiling shall not be lower than seven feet
zero inches above finished floor. In accordance with Subsection 31-145(e)(4)f.,conditional use approval
may be granted to authorize a waiver from the requirements that structured parking be incorporated
into the building envelope of a primary use structure and that such structured parking conform to
Section 31-238.
(Ord. No.99-09,§ 1(Exh.A,§705),7-13-99; Ord. No. 2000-08,§ 1,4-4-00;Ord. No.2001-15,§ 1, 10-2-01; Ord. No.
2002-20,§ 1,9-3-02;Ord. No. 2003-01,§3, 1-7-03;Ord. No.2006-02,§2,2-8-06;Ord. No.2009-19,§4, 10-6-09;
Ord. No. 2010-08,§ 1,9-7-10;Ord. No.2012-14,§2, 10-2-12; Ord. No.2013-12,§2, 10-1-13;Ord. No. 2017-07,
§§3,4,6-14-17;Ord. No.2020-03,§4,5-5-20;Ord. No.2021-15,§2,9-23-21)
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