Ordinance No. 2025-02 Creating Section 31-245(f) Town Center North Planned Development (TC5) District - March 4, 2025CITY OF AVENTURA ORDINANCE NO. 2025-02
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 CREATE SECTION 31-145(f)
"TOWN CENTER NORTH PLANNED DEVELOPMENT (TC5) DISTRICT"
TO PROVIDE FOR A NEW ZONING DISTRICT AND RELATED
REGULATIONS AND STANDARDS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Aventura (the " City") Commission recognizes that changes
to the adopted Code of Ordinances are periodically necessary in order to ensure that the
City's regulations are current and consistent with the City's planning and regulatory
needs -land
WHEREAS, the City Commission desires to amend Chapter 31, "Land
Development Regulations", Section 31-145, "Town Center Zoning Districts" of the Code
of Ordinances to provide for a "Town Center North Planned Development (TC5) District"
that guides a balanced mix of land uses, including retail, office, hotel/conference, certain
types of commercial recreation uses, residential and other similar uses, as well as
recreation, entertainment, and associated employment opportunities within an urban
center with high quality architecture, pedestrian -friendly streets, outdoor public spaces,
and access to public transit; and
WHEREAS, the purpose of the Town Center future land use category of the City's
Comprehensive Plan is the design of unified areas containing a mixture of different uses
characterized by physical cohesiveness, direct accessibility by mass transit service, and
high -quality urban design; 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
City of Aventura Ordinance No. 2025-02
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.
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 and findings are
hereby ratified and incorporated as the legislative intent of this Ordinance.
Section 2. City Code Amended. That Section 31-145 "Town Center Zoning
Districts" of Chapter 31 "Land Development Regulations" of the City Code hereby is
amended to read as follows':
Sec. 31-145. — Town Center Zoning Districts.
(f) Town Center North Planned Development (TC5) District. The following regulations
shall apply in the TC5 District:
(1) Purpose. This district is intended to encourage and promote development that
facilitates a coordinated and balanced mix of land uses, including retail, office,
hotel/conference, certain types of commercial recreation uses, residential and
other similar uses. The mix of land uses associated with the TC5 district shall also
provide recreation, entertainment, and associated employment opportunities while
creating an urban center with high quality architecture, pedestrian -friendly streets,
outdoor public spaces and access to public transit. Residential densities shall not
exceed 62 dwelling units per gross acre and non-residential intensity shall not
exceed a floor area ratio of 2.0.
(2) Implementation. This district implements, and is limited by, the "Town Center"
Comprehensive Plan designation.
(3) 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 the following specific uses, or
a combination thereof, provided the requirements set forth elsewhere in this
section are satisfied: those uses consistent with or customary to mixed -use urban
centers including but not limited to multi -family residential, office, retail/commercial
Underlined text indicates additions.
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City of Aventura Ordinance No. 2025-02
uses including cinemas, nightclubs, cafe/restaurants, hotels, and accesso
parking.
(4) Accessory uses permitted. Permitted incidental and accessory uses shall include
all uses customarily accessory to the principal permitted use but not including any
of the uses listed as prohibited.
(5) Uses prohibited. Except as specifically permitted in this subsection, 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. aurchase. disalav or other storaae of used merchandise other than
antiques.
(6) Site development standards.
a. Maximum density and floor area:
i. Residential component. 62 dwelling units per gross acre.
ii. Nonresidential component: 2.0 floor area ratio.
b. Maximum height: 30 stories.
c. Minimum Unit Sizes: 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:
i. Efficiencv or one -bedroom unit: 600 sauare feet.
ii. Two -bedroom unit: 800 square feet.
iii. Three -bedroom: 1,000 square feet.
For each additional bedroom in excess of three. add 150 sauare feet.
d. Setbacks:
Frontaaes abuttina aublic or arivate streets: No reauired setback as
long as a minimum 10-foot-wide clear pedestrian path is provided
within a combination of the right of way or private property. The
pedestrian path may be reduced to 5 feet in order to accommodate
street trees, required utility apparatus, or other street furniture.
Interior frontages: No required setback.
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City of Aventura Ordinance No. 2025-02
e. Building separation: No minimum building separation distance is normally
required, except where necessary to provide light and air to residential units.
In such cases, floors developed with residential units may be no closer than
25 feet to another building.
f. Encroachments: Buildings and structures above the ground floor may be
built above colonnades and/or encroach into private right-of-way as long as
the minimum 10-foot-wide clear pedestrian path is maintained. No
encroachment may extend closer than 6 inches from the face of anv curb.
g. Open Space: A minimum of 15 percent of the total lot area of any
development 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.
h. Shared Parking: All development within the TC-5 District may apply for
approval of shared parking. The petition for shared parking shall include an
independent parking study in a form acceptable to the City, which includes
but is not limited to, information indicating that development uses are such
that a sufficient disparity in peak demand for parking spaces exists to
support the concept of shared parking.
At the discretion of the Community Development Director, developments
utilizing shared parking may be required to enter into a covenant or other
site clan restriction restrictina the size. mix or location of uses within the TC-
5 District.
(7) General Plan of Development and Design Guidelines. This district shall be
implemented through the approval of a General Plan of Development and Design
Guidelines (the guidelines) by the City Commission following a duly noticed public
hearing. The guidelines shall be a document created and submitted that describes
the architectural and design goals of a specific development within the district. The
guidelines shall include a description and intent of the overall development and
provide design standards for vehicular and pedestrian circulation, architecture,
landscaping, open space, signage, parking (surface and structured), loading,
streets, and regulations addressing building placement, scale/massing, height,
and character.
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City of Aventura Ordinance No. 2025-02
(8) Standards for General Plan and Design Guidelines Approval. The City
Commission shall approve an application for General Plan and Design Guidelines
approval upon a demonstration that the General Plan and Design Guidelines are-
(i) consistent with the goals, objectives, policies and other applicable requirements
of the City's Comprehensive Plan; (ii) compatible with the aesthetic character of
the City; (iii) and provide for public rights -of -way as necessary to comply with the
Trafficways Plan and other applicable City plans.
(9) Conflicts. In the event of a conflict between an approved General Plan of
Development and Design Guidelines (the guidelines) and the City Code of
Ordinances, the guidelines shall prevail.
(10) Administrative Review. All applications for development approvals within the TC5
district shall be reviewed administratively in accordance with Section 31-79.
(11) Validity. Should any subsection, paragraph, sentence, clause, phrase or other part
of this section be declared by a court of competent jurisdiction to be invalid, such
decision shall not service to invalidate the remaining words, subsections, and
aositions of this section.
Section 3. Severability. That the provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining sections, sentences, clauses, and phrases of this Ordinance but they
shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 4. Inclusion in the Code. That it is the intention of the City Commission
and it is hereby ordained that the provisions of this Ordinance shall become and made a
part of the Code of the City of Aventura; that the sections of this Ordinance may be
renumbered or re -lettered to accomplish such intentions; and that the word "Ordinance"
shall be changed to "Section" or other appropriate word.
Section 5. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Commissioner Kruss, who moved its
adoption on first reading. This motion was seconded by Commissioner Bloom and upon
being put to a vote, the vote was as follows:
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City of Aventura Ordinance No. 2025-02
Commissioner Amit Bloom Yes
Commissioner Rachel S. Friedland Yes
Commissioner Billy Joel Yes
Commissioner Paul A. Kruss Yes
Vice Mayor Dr. Linda Marks Yes
Mayor Howard S. Weinberg Yes
The foregoing Ordinance was offered by Commissioner Kruss, who moved its
adoption on second reading. This motion was seconded by Commissioner Bloom and
upon being put to a vote, the vote was as follows:
Commissioner Clifford B. Ain Yes
Commissioner Gustavo Blachman Yes
Commissioner Amit Bloom Yes
Commissioner Paul A. Kruss Yes
Commissioner Cindy Orlinsky Yes
Vice Mayor Rachel S. Friedland Yes
Mayor Howard S. Weinberg Yes
PASSED on first reading this 17th day of October, 2024.
PASSED AND ADOPTED on second reading this 4th day of March, 2025.
WARD S. WEINBERG, ESQ.
MAYOR
ATTEST:
ELLISA L. HORVA H, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
ROBERT MEYERS
CITY ATTORNEY
WEISS SEROTA HELFMAN COLE + BIERMAN, P.L.
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