Resolution No. 2023-65 Providing Notice of Pending Ordinance to Provide for Certification Compliance Affordable Housing Projects (Live Local Act) - November 7, 2023 CITY OF AVENTURA RESOLUTION 2023-65
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, PROVIDING NOTICE TO THE PUBLIC OF A
PENDING ORDINANCE AND DIRECTING STAFF TO DEVELOP AND
PROCESS FOR ADOPTION AN ORDINANCE TO PROVIDE FOR
CERTIFICATION OF COMPLIANCE OF AFFORDABLE HOUSING
PROJECTS AND OTHER LAND DEVELOPMENT REGULATIONS
ADDRESSING AFFORDABLE HOUSING, MIXED-USE AND MULTI-
FAMILY PROJECTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, recent amendments to State Statutes, as set forth in Chapter 2023-
17, Laws of Florida ("Chapter 2023-17"), will preempt some provisions of local
comprehensive plans, zoning and land development regulation provisions for certain
mixed-use projects and multi-family projects having at least 40 percent of residential units
within a project being affordable housing units for at least a 30-year period; and
WHEREAS, Chapter 2023-17 does not articulate how a proposed development is
intended to evidence compliance with the affordable housing requirements necessary to
benefit from the preemptions afforded under Chapter 2023-17, including prior to the
issuance of a building permit or certificate of completion, or at any time during the
minimum 30 years period provided for in Chapter 2023-17, or set forth any penalties for
non-compliance and, such should be required in order to ensure that the purpose of
Chapter 2023-17, Laws of Florida, is achieved; and
WHEREAS, City staff is directed to prepare and process an ordinance to create
land development regulations to require evidence of and ensure compliance with the
affordable housing criteria as needed for a development to benefit from the preemptions
afforded under Chapter 2023-17, and other land development regulations addressing
affordable housing, mixed-use and multi-family projects; and
WHEREAS, the goal is to have such pending ordinance considered and adopted
within five (5) months from the effective date of this Resolution; and
WHEREAS, the City wishes to place the public and all parties on notice that the
City is considering land development regulation amendments addressing the aforesaid
matters; and
WHEREAS, pursuant to the pending legislation doctrine (or pending ordinance
doctrine) set forth in Smith v. City of Clearwater, 383 So. 2d 681 (Fla. 2d DCA 1980), the
City declares and implements the pending ordinance doctrine concerning the zoning and
land development regulations governing properties and proposed affordable housing
projects, mixed-use projects and multi-family projects located within the City limits; and
City of Aventura Resolution No. 2023-65
WHEREAS, the pending ordinance doctrine places property owners and
developers on notice that provisions of the pending ordinance not yet adopted by the City
may be applied to any proposed development and/or development order applications
delayed until the adoption and effectiveness of such ordinance; thus, property owners
and developers should not rely on existing land development regulations in making
investment and development related decisions; and
WHEREAS, the City Commission in good faith determines that this Resolution is
in the best interest of the City and its residents and promotes the health, safety and
welfare of the public.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA THAT:
Section 1. The above recitals constitute legislative findings of the City Commission
and are incorporated herein as material provisions by this reference.
Section 2. The City staff is directed to prepare and process an ordinance to create
land development regulations to require evidence of and ensure compliance with the
affordable housing criteria as needed for a development to benefit from the preemptions
afforded under Chapter 2023-17, Laws of Florida, and other land development regulations
addressing affordable housing, mixed-use and multi-family projects. The City hereby
implements the "pending legislation doctrine" in regards to such pending ordinance, and
property owners and developers are hereby placed on notice of the same and of the
recitals set forth in this Resolution.
Section 3. This Resolution shall take effect immediately upon its adoption
The foregoing Resolution was offered by Commissioner Joel, who moved its
adoption. The motion was seconded by Commissioner Friedland, and upon being put to
a vote, the vote was as follows:
Commissioner Amit Bloom Yes
Commissioner Rachel S. Friedland Yes
Commissioner Billy Joel Yes
Commissioner Dr. Linda Marks Yes
Commissioner Michael Stern Yes
Vice Mayor Paul A. Kruss Yes
Mayor Howard S. Weinberg Yes
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City of Aventura Resolution No. 2023-65
PASSED AND ADOPTED this 7t" day of November, 2023.
HOWARD S. WEINBERG E
MAYOR
ATTEST-
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
r
CITY ATTORNEY
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