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HomeMy WebLinkAbout07-07-2026 Local Planning Agency Meeting AgendaCITY OF AVENTURA Aventura Government Center 19200 West Country Club Drive Aventura, FL 33180 ..... � ice.. LOCAL PLANNING AGENCY MEETING AGENDA July 7, 2026 6:00 p.m. Aventura Government Center Commission Chambers Local Planning Agency AVENTURA CITY COMMISSION ACTING IN ITS CAPACITY AS THE LOCAL PLANNING AGENCY FOR THE CITY OF AVENTURA Mayor Howard S. Weinberg, Esq. Vice Mayor Clifford B. Ain Commissioner Gustavo Blachman Commissioner Amit Bloom Commissioner Rachel S. Friedland, Esq. Commissioner Paul A. Kruss Commissioner Cindy Orlinsky City Manager Bryan Pegues City Clerk Ellisa L. Horvath, MMC City Attorney Robert Meyers City of Aventura Local Planning Agency Meeting Agenda July 7, 2026 AVENTURA CITY COMMISSION ACTING IN ITS CAPACITY AS THE LOCAL PLANNING AGENCY FOR THE CITY OF AVENTURA: 1. CALL TO ORDER/ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF MINUTES: June 2, 2026 4. PUBLIC HEARINGS - MOTION RECOMMENDING ADOPTION OF THE FOLLOWING: ORDINANCES: A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 31, "LAND DEVELOPMENT REGULATIONS" OF THE CITY CODE OF ORDINANCES TO CREATE SECTION 31-144(g) "AVENTURA METROPOLITAN URBAN CENTER ZONING DISTRICT OVERLAY", TO PROVIDE FOR A NEW ZONING DISTRICT OVERLAY AND RELATED REGULATIONS AND STANDARDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. RESOLUTION: B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING A SIGN GRAPHICS VARIANCE UNDER SECTION 31-191(M)(7) FOR THE AVENTURA CITY CENTER MIXED -USE DEVELOPMENT LOCATED AT 2999 NE 191 ST; PROVIDING FOR IMPLEMENTATION AND PROVIDING AN EFFECTIVE DATE. The Quasi -Judicial procedures of the City shall be invoked for this item. 5. 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 Local Planning Agency or 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 AVENTURA OFFICE OF THE CITY CLERK MEMORANDUM TO: City Commission, Acting in its Capacity as the Local Planning Agency for the City of Aventura FROM: Ellisa L. Horvath, MMC, City Clerk DATE: July 2, 2026 SUBJECT: Approval of Minutes July 7, 2026 Local Planning Agency Meeting Agenda RECOMMENDATION It is recommended that the City Commission, acting in its capacity as the Local Planning Agency for the City of Aventura, approve the attached minutes as provided by the City Clerk, for the Local Planning Agency meeting held as listed below. BACKGROUND A meeting was held and minutes have been provided for the City Commission, acting in its capacity as the Local Planning Agency, for approval of the following: • June 2, 2026 Local Planning Agency Meeting Should you have any questions, please contact me. /elh attachment LOCAL CITY OF AVENTURA PLANNING AGENCY MEETING MINUTES JUNE 2, 2026 6:00 p.m. Aventura Government Center 19200 West Country Club Drive Aventura, FL 33180 Aventura City Commission acting in its capacity as the Local Planning Agency for the City of Aventura: 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Weinberg at 6:25 p.m. The roll was called and the following were present: Mayor Howard S. Weinberg, Vice Mayor Clifford B. Ain, Commissioner Gustavo Blachman, Commissioner Amit Bloom, Commissioner Rachel S. Friedland, Commissioner Paul A. Kruss, Commissioner Cindy Orlinsky, City Manager Bryan Pegues, City Clerk Ellisa L. Horvath, and City Attorney Robert Meyers. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: The Pledge was done at the City Commission Regular Meeting. 3. APPROVAL OF MINUTES (May 5, 2026): A motion to approve the minutes of the May 5, 2026 meeting was offered by Commissioner Orlinsky, seconded by Commissioner Blachman, and unanimously passed by roll call vote. 4. PUBLIC HEARINGS - MOTION RECOMMENDING ADOPTION OF THE FOLLOWING: Mr. Meyers reviewed the quasi-judicial procedures for Item 4B and Ms. Horvath administered the oath to all those wishing to offer testimony on the items. Disclosures of ex parte communications were provided by the following members of the City Commission: Mayor Weinberg, Vice Mayor Ain, Commissioner Blachman, Commissioner Bloom, Commissioner Friedland, Commissioner Kruss, and Commissioner Orlinsky. ORDINANCE FIRST READING: Ms. Horvath read the following Ordinance title: A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 31, "LAND DEVELOPMENT REGULATIONS" OF THE CITY CODE OF ORDINANCES BY AMENDING SECTION 31-144(C), "COMMUNITY BUSINESS (B2) DISTRICT", SUBSECTION (2), "CONDITIONAL USE", TO ESTABLISH HOSPITALS AS A CONDITIONAL USE WITHIN THE DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Aventura Local Planning Agency Meeting Minutes June 2, 2026 A motion to recommend approval of the Ordinance was offered by Commissioner Kruss and seconded by Commissioner Bloom. Community Development Director Keven Klopp entered the staff report into the record, which recommended approval, and reviewed the item. The following provided comments on behalf of the applicant - Michael Marrero, Esq, Bercow, Radell, Fernandez, Larkin & Tapanes (200 S. Biscayne Blvd. Suite 300, Miami, FL, 33131) on behalf of Mount Sinai Medical Center of Florida, Inc., for the development of Mount Sinai Medical Center. Mayor Weinberg opened the public hearing. There being no speakers, the public hearing was closed. No comments were provided by the City Commission. The motion to recommend approval of the Ordinance passed unanimously by roll call vote. RESOLUTION: Ms. Horvath read the following Resolution title: B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL, PURSUANT TO SECTION 31-145(E)4 OF THE CITY CODE OF ORDINANCES: (1) TO PERMIT A DENSITY OF 69 DWELLING UNITS PER ACRE FOR A PROJECT PROVIDING HERO HOUSING UNITS, WHERE THE CITY CODE PERMITS 25; (2) TO PERMIT HEIGHTS UP TO 32 STORIES (367'), WHERE THE CITY CODE PERMITS 10 STORIES (100'); AND (3) TO PERMIT 1,556 PARKING SPACES, WHERE 2,505 SPACES ARE REQUIRED BY THE CITY CODE, FOR THE PROPERTY LOCATED AT 20801-20807 BISCAYNE BOULEVARD; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. The Quasi -Judicial procedures of the City shall be invoked for this item. A motion to recommend approval of the Resolution was offered by Commissioner Orlinsky and seconded by Commissioner Bloom. Community Development Director Keven Klopp entered the staff report into the record, which recommended approval, and reviewed the following recommended changes to the conditions with deleted text shown as strikethrough and added text shown as underlined: Resolution Condition #3b: $2,500,000 at permit issuance of first vertical construction permit for the first residential building Resolution Condition #5: Twenty (20) Hero Housing units, with a mix of 15 two bedroom and 5 one bedroom units, no more than two per floor, non -adjacent units, in the rental building, unless otherwise determined during site plan approval process, with specific units to be identified at that time. Additionally, the location and/or mix of units may be changed from time to time based on need and demand by a mutual agreement between the Applicant and the City Manager, or his or her designee, physical details of which are Page 2 of 3 City of Aventura Local Planning Agency Meeting Minutes June 2, 2026 to be finalized prior to site plan approval, and administration of which shall proceed pursuant to a HERO Housing Agreement that shall be executed prior to first permit issuance. An administrative fee of $1,000 per HERO Housing Unit proffered with the request for conditional use approval — in this case $20,000 — was paid pursuant to within 10 days ef-City Commission approval of Resolution 2025-40. Resolution Condition #10: If ever necessary to resolve a chronic back-up of cars on Biscayne Blvd. due to cars stopping at the entrance to the south residential building, the project will post a security guard at the location for the specific purpose of ensuring that cars do not stop/queue at this point but, instead, proceed around the corner -- either to the right to park or to the left to use valet or to drop off/pick up passengers. In the event the project does not provide the security guard determined necessary by the City, or otherwise implement a resolution, the City will provide one and recoup the cost from the rp oject. The following provided comments on behalf of the applicant — Michael Marrero, Esq, Bercow, Radell, Fernandez, Larkin & Tapanes (200 S. Biscayne Blvd. Suite 300, Miami, FL 33131) on behalf of Aventura Opportunity Owner, LLC for the development of a mixed - use development known as Aventura Corporate Center. Mayor Weinberg opened the public hearing. There being no speakers, the public hearing was closed. The City Commission discussed the item including the following: development rights pre- dating the City, Live Local Act and what the developer could build by right, and the positive aspects of the City's ability to negotiate with the Developer for an enhanced project for the City. The motion to recommend approval of the Resolution, with the amended conditions as outlined, passed unanimously by roll call vote. 5. ADJOURNMENT: There being no further business to come before the Local Planning Agency, a motion to adjourn was offered by Commissioner Kruss, seconded by Commissioner Friedland, and unanimously passed; thereby adjourning the meeting at 6:54 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the Local Planning Agency on July 7, 2026. Page 3 of 3 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Bryan Pegues, City Manager BY: Keven Klopp, Community Development Director DATE: July 2, 2026 SUBJECT: Request to Amend the Land Development Regulations of the City of Aventura to Create Section 31-144(g) "Aventura Metropolitan Urban Center Zoning District Overlay" - City Case File LDR2606-0001 July 7, 2026 Local Planning Agency Meeting Agenda July 7, 2026 City Commission Meeting Agenda (First Reading) July 23, 2026 City Commission Meeting Agenda (Second Reading) RECOMMENDATION It is recommended that the City Commission initiate a proposed amendment to Section 31-144 "Business Zoning Districts" to create Section 31-144(g) "Aventura Metropolitan Urban Center Zoning District Overlay" to provide zoning regulations consistent with the "MUC" notation on the Future Land Use Map of the City's Comprehensive Plan ("FLUM"). THE REQUEST City Commission is requesting the creation of a new Metropolitan Urban Center Zoning District Overlay within Section 31-144 "Business Zoning Districts" of the Land Development Regulations (the "LDRs"), to establish regulations consistent with the MUC notation on the City's Future Land Use Map ("FLUM") and to guide higher -intensity mixed used development centered on multimodal transit facilities and regional shopping centers. The proposed overlay would create Section 31-144(g) "Aventura Metropolitan Urban Center Zoning District Overlay" and establish three subdistricts - 31-144(g)(1) "Aventura Core Subdistrict (MUC1); 31-144(g)(2) "Aventura Center Subdistrict (MUC2)"; and 31- 144(g)(3) "Aventura Edge Subdistrict (MUC3)" — including permitted and conditional uses and site development standards. ANALYSIS The proposed Metropolitan Urban Center (MUC) Zoning District Overlay implements the intent of the MUC designation on the Future Land Use Map by establishing zoning LDR2606-0001 First Reading regulations that recognize the evolving urban character of the area centered on transit facilities and the regional mall located along Biscayne Boulevard. The overlay is designed to guide a cohesive mix of retail, office, residential, hotel and related uses within a compact, pedestrian oriented urban center supported by high -quality urban design, public spaces and direct access to mass transit. The proximity of the regional mall to the Aventura Station, including the planned direct pedestrian overpass connection, reinforces the suitability of this area tor transit -oriented development and higher intensity land uses. By creating graduated subdistricts within the overlay, the proposed regulations promote physical cohesiveness, multi modal accessibility and appropriate transitions, while encouraging reinvestment, reducing reliance on automobile travel, and supporting long term economic growth consistent with the City's Comprehensive Plan. If the proposed ordinance to amend the LDRs is approved on first reading, the next step entails the first reading of an ordinance applying the overlay to the zoning map for the Core subdistrict followed by the adoption of the first two ordinances along with the first and second readings of ordinances applying the overlay to the zoning map for the Center and Edge subdistricts. BACKGROUND A substantially similar version of the MUC Overlay proposal was approved on first reading by the City Commission in February of 2026. Adoption on second reading did not occur as a protracted revision process, mostly aimed at detailing the rules and calculation methods for transfers of development, ensued. Out of precaution, the revised version attached is presented anew for first reading. THE PROPOSED AMENDMENT The proposed amendment will revise Section 31-144 of the Land development Regulations as follows: Sec. 31-144. Business Zoning Districts. (g) Aventura Metropolitan Urban Center (MUC) Zoning Overlay. SEE EXHIBIT A STANDARDS FOR REVIEW The request was 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 amendment is legally required. LDR2606-0001 First Reading The proposed amendment is legally required to implement the requested revision to the Land Development Regulations (LDRs). (2) The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan. The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan which specifies that the Metropolitan Urban Center (MUC) designation as described and adopted within the Miami -Dade Comprehensive Master Development Plan may be applied as an overlay within the Business and Office land use category. (3) The proposed amendment is consistent with the authority and purpose of the LDR. The proposed amendment is 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 amendment furthers the orderly development of the City. The proposed amendment furthers the orderly development of the City by providing for the continued integrity of the LDRs while adapting to changes in the community. (5) The proposed amendment improves the administration or execution of the development process. The proposed amendment improves the administration or execution of the development process as it provides a process and regulations to implement for approvals of developments in the Business Districts. 3 LDR2606-0001 First Reading EXHIBIT "A" Sec. 31-144. Business Zoning Districts. & Aventura Metropolitan Urban Center (MUC) Zoning Overlay. The Metropolitan Urban Center designation as described and adopted within the Miami Dade Comprehensive Plan may be applied as an overlay to land designated Business and Office on the City's Future Land Use Map. The overlay is applied via the City's Official Zoning Map to parcels based upon their proximity to the MUC's major transit connection points (i.e., the Brightline Station and the bus terminal at Aventura Mall). MUC Zoning District Overlay provisions notwithstanding, a property owner shall have the option to develop in accordance with the property's underlying zoning or in accordance with the provisions of this section. The MUC District Zoning Overlay is divided into the following subdistricts: (1) Aventura Core Subdistrict (MUC1) (2) Aventura Center Subdistrict (MUC2) (3) Aventura Edge Subdistrict (MUC3) (1) Aventura Core Subdistrict Overlay (MUC1). The purpose and intent of this subdistrict is to provide for higher density, intensity and mix of uses in a compact, walkable urban form, serving as the primary activity center. Residential densities shall not exceed 62 units per gross acre ("Base MUC1 Density"). a. Uses permitted. The following uses shall be permitted in the MUC1 Overlay, either alone or as mixpd lisps - 1. Hotels; 2. Commercial/retail, including shopping mall and related uses; 3. Automobile showrooms and displays; 4. Electric vehicle charging stations; 5. Offices; 6. Residential, including assisted living; 7. Bars, restaurants, other food/beverage establishments, and outdoor patios, cafes, and table service accessory or incidental to any such use; 8. Rental car facilities; 9. Parking lots and parking structures, including commercial parking lots and garages that charge fees for parking 10. Governmental; 11. Convention halls and showrooms; 12. Schools; 13. Health care facilities, except hospitals; 14. Public parks and open spaces; 15. Entertainment uses, except adult entertainment; LDR2606-0001 First Reading 16. Communications infrastructure; 17. Art galleries and museums; 18. Indoor and outdoor cultural and educational facilities; 19. Transit uses and infrastructure; and 20. Other similar uses, as approved by the by the City Manager or designee. b. Conditional use. The following uses may be established if first approved as a conditional use: 1. Any project or phase thereof proposing over 50,000 square feet of gross floor area development. 2. Any project proposed on parcels with areas less than 35,000 square feet 3. Any project with floor area ratio higher than 1.5, not to exceed a floor area ratio maximum of 4.0. 4. Uses that exceeds the height limitations up to a maximum of 30 stories for buildings that attain Gold or Platinum certification under the City's Green Building Program as provided in article VI of chapter 14 of the City Code. 5. Density up to 100 units per acre if the development meets at least two of the following, provided that the value of such criteria shall, in the aggregate, equal at least one percent (1 %) of the hard costs of the development: a) provides or enhances a pedestrian or other connection to transit b) provides increased open space above the required minimums; c) dedicates a park or preen space; d) contributes to a City -approved art fund; e) provides one or more art installations; f) contributes to increased micromobility measures; or a) provides Hero Housina within the proposed development. but only if determined as needed by the City Manager or designee. (h) funding to offset other impacts of development as procedurally determined For the purposes of this section, "hard costs" shall mean the direct construction costs of the development, but shall expressly exclude furniture, fixtures, and equipment, soft costs such as architectural, engineering, financing, legal, and permitting fees, and other non - construction related expenses. 6. Establishments that sell alcoholic beverages after 2:00 am. 7. Hospitals and Urgent Care 8. Floor areas that are less than the minimum floor areas required by the provisions of Subsection 31-144(g)(1)(c)4 hereof. 9. Transfers of Density Development Rights. 10. Transfers of Floor Area Ratio (FAR) Development Rights. LDR2606-0001 First Reading c. Site development standards. 1. Properties within the MUC1 Overlay, including those not located directly adjacent or adjoining, may be combined to establish a common building site provided the property owner presents a unity of title or declaration in lieu of unity of title recordable in the public records of Miami -Dade County, Florida, and complying with the provisions of Aventura Code Section 31-78(k)(3). Such common building sites shall thereafter be treated as a singular property for purposes including, but not limited to, the ability to seek conditional use approval for increased FAR and density, and the ability to freely allocate said FAR and density within the boundaries of the common building site. 2. Floor area ratio (FAR) and density standards. The following FAR and density standards shall apply to properties within the MUC1 Overlay: (a) FAR Requirements. The floor area ratio for new development shall be a minimum FAR of 0.5, and a maximum FAR of 1.5 ("Base MUC1 FAR"). The permissible floor area shall be based on the gross development area. Base MUC1 FAR may be shared and shifted between phases and projects within the MUC1 overlay pursuant to Section 31-144(g)(1)(b)(10) so long as the MUC1 Overlay as a whole complies with the Base MUC1 FAR requirements herein. Additional FAR achieved through the conditional use approval process pursuant to Section 31-144(g)(1)(b)(3) to allow a project with a FAR up to 4.0 shall not be eligible for transfer to any property and shall not be counted towards the calculation of the districtwide Base MUC1 FAR limit of 1.5. The amount of FAR added to a receiving parcel through a FAR transfer shall be calculated based on the receiving parcel's lot area, rather than the lot area of the sending parcel. A sending parcel that has transferred FAR rights to another parcel, regardless of amount transferred, shall no longer be eligible to obtain Conditional Use FAR. The transfer of eligible Base MUC1 FAR pursuant to Section 31-144(g)(1)(b)(10) from a Property in the MUC1 Overlay (sending property) to another property within the MUC1 Overlay (receiving Property), whether in whole or in part, shall require the execution of a recorded declaration of restrictive covenant on each sending and receiving Property evidencing such transfers of Base MUC1 FAR. The Declaration of Restrictive Covenants shall. at minimum: (i) identify the sending and receiving property(ies); (ii) specify the FAR being transferred; (iii) provide for the permanent encumbrance of the sending property(ies) to reflect the reduction in development rights; and iv) assian the corresoondina increase to the receivina orooertv(ies The restrictive covenants shall be made as a condition of approval of the conditional use pursuant to Section 31-144(g)(1)(b)(10). The restrictive covenants shall be recorded by the applicant in a form approved by the City Attorney and the City Manager or his or her designee at the property owner's expense in the public records of Miami -Dade County prior to issuance of any site plan, building permit, or development order relying on such transfer. Any transfer of FAR between any sending property and any receiving property shall be subject to the approval of an entry documenting the deduction or addition of FAR from the receiving and sending properties, as applicable, in a City MUC1 FAR ledger. (b) Density Calculations. Density shall be calculated within the MUC1 Overlay based on the gross development area of the MUC1 Overlay. LDR2606-0001 First Reading Base MUC1 Density may be shared and shifted between phases and projects within the MUC1 Overlay pursuant to Section 31-144(g)(1)(b)(9) so long as the MUC1 Overlay as a whole complies with the Base MUC1 Density requirements herein. Additional residential dwelling units achieved through the conditional use approval process pursuant to Section 31- 144(g)(1)(b)(5) for additional density limits of up to 100 dwelling units per acre are not eligible for transfer to any property and shall not be counted towards the calculation of the districtwide MUC1 Base Density limits of 62 dwelling units per acre. A property that has transferred Base Density, regardless of the amount, is no longer eligible for Conditional Use density. The transfer of eligible Base MUC1 Density pursuant to Section 31-144(g)(1)(b)(9) from a property in the MUC1 Overlay (sending property) to another property within the MUC1 Overlay (receiving property), whether in whole or in part, shall require the execution of a recorded declaration of restrictive covenant on each sending and receiving property evidencing such transfers of Base MUC1 Density. The Declaration of Restrictive Covenants shall. at minimum: (i) identify the sending and receiving property(ies); (ii) specify the density being transferred; (iii) provide for the permanent encumbrance of the sending property(ies) to reflect the reduction in development rights; and (iv) assign the corresponding increase to the receiving property(ies). The restrictive covenants shall be made as a condition of approval of the conditional use pursuant to Section 31-144(g)(1)(b)(9). The restrictive covenants shall be recorded by the applicant in a form approved by the City Attorney and the City Manager or his or her designee at the property owner's expense in the public records of Miami -Dade County prior to issuance of any site plan, building permit, or development order relying on such transfer. Any transfer of Base MUC1 Density between any sending property and any receiving property shall be recorded in a City MUC1 Density ledger documenting the deduction or addition of Base MUC1 Density from the receiving and sending properties, as applicable. 3. Maximum height: 25 stories, including structured parking. 4. 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- 1 44(a)(1)(b)(8): i. Efficiency 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 square feet. 5. Setbacks: a) No minimum setback from private streets at grade, interior/rear property lines, and park rights -of -way. b) Minimum 10 feet from public streets for all structures. LDR2606-0001 First Reading c) There shall be no maximum or minimum limitation on the size of a floor plate. 6. Lot size and coverage. The minimum lot size required to develop pursuant to these regulations is 35,000 square feet, unless otherwise authorized pursuant to Section 31-144(g)(1)(b)(2), except for transit facilities or infrastructure which shall have no minimum lot size. Lot coveraae shall not be limited other than by compliance with the open space requirements. 7. Architectural Expression: Building facades facing public and private street rights -of -way or public open space or both shall be a minimum twenty-five percent (25%) glazed. Glazing is not required for building facades that face transit -only rights -of -way or for above -grade parking garage structures that face public and private street rights -of -way or public open space. 8. Encroachments: (a) Buildings and structures above the ground floor may be built above colonnades but shall not extend into the public right-of-way unless approved by the City and by other agency with authority over the right-of-way. It is provided, however, that, to the extent permitted by State law and subject to the approval of the City or other agency with authority over the right-of-way, and for the transportation purpose of providing a connecting pedestrian or vehicular corridor, the street may be covered above the first floor with publicly -accessible structures connecting buildings, including: platforms fitted with trains and passenger waiting areas; roofs; upper story terraces, pedestrian bridges, and automobile bridges between parking garages. Adequate clearance for structures above streets shall be maintained. (b) Cantilevered balconies, awnings, weather protection elements and similar features with adequate vertical clearance may encroach into street rights -of -way but shall not extend closer than six (6) inches from the curb face. 9. Open Space: The minimum open space requirement shall be ten percent (10%) of the gross development area. At least 50% of the open space shall be accessible to the public and may include parks, plazas, water bodies including retention ponds, balconies, terraces, courtyards, arcades/colonnades, pedestrian paths, and open-air transit platform areas improved for pedestrian comfort. Fifty percent (50%) of the total area of open spaces that are not accessible to the general public, such as rooftop preen spaces, may be counted toward the 10% requirement (comprising up to one-half of it). Open space may be shared and shifted between phases and projects within MUC1 so long as the MUC1 Overlay as a whole complies with the open space requirements herein. The City Manager shall set forth an administrative application and approval process to facilitate such sharing and shifting of open space within MUC1. 10. Parking: The table below indicates minimum parking for each type of use. Parking shall be calculated for the uses within the MUC1 Overlay as a whole; required parking may be shared and shifted between phases and projects within subdistricts MUC1 and MUC2 so long as the parcels sharing comply as a whole with the parking requirements herein. Use Minimum Parking Requirements General Retail/Personal Service, Entertainment, 1 spaces/1,000 SF Food/Beverage LDR2606-0001 First Reading Establishments, Convention Halls and Showrooms Professional Office, Institutional (except 0.3 spaces/1,000 SF Convention Halls), Health Care Services Residential 0.5 space per unit Accommodation 0.2 spaces/room Transit systems, including 0.3 spaces/1,000 SF Maintenance Facilities (excluding platform) 25% of the required Other Uses parking indicated in Section 31-171 a. To minimize adverse visual effects of the structure(s). multi -story Darkina aaraaes facin public and private streets, rights -of -way, and/or public open space shall require screening methods, including, without limitation: liner buildings; glazing; building wall extensions; vertical planted walls; berms; landscaping; architectural fenestration; sculpture; design features; and/or other innovative screening methods. b. Surface parking lots fronting streets shall be located a minimum of 10 feet from the right-of- wav and screened at the 10 -foot line. The setback shall incorporate a combination of hard - scare and landscape elements. Mechanized and tandem Darkina shall be allowed. For the purpose of this subdistrict mechanized parking shall be defined as a mechanism with vertical and horizontal transport capability that provides for automobile storage and retrieval. Mechanized and tandem parking spaces shall be counted toward the parking requirements of this section. Mechanized and tandem parking may be provided with a County standard queuing analysis is submitted and approved during the ASPA process. 11. Landscaping: Landscaping shall conform to the City's landscape standards set forth in Section 31-221, as applicable to non-residential development, with the following exceptions: 1. A minimum of 20 trees per net acre of open space shall be provided. Trees may be placed in the lot, or in preens, squares, rooftops, plazas and street medians within the MUC. Lot trees shall have a minimum 2 -inch diameter at breast height. 2. Street trees shall be planted at a maximum of 30 feet averaae on center. with a minimum 3 -inch diameter at breast height. Street trees shall be placed inside landscaped strips, tree planters, and in medians in the right-of-way or on private property where demonstrated to be necessary due to riaht-of-wav obstructions. as determined by the Community Development Department or other agency with jurisdiction LDR2606-0001 First Reading 12. Alcoholic Beverages: The restrictions on premises used for the sale of alcoholic beverages set forth in Chapter 4 of this Code regarding hours and days of sale, distance from other premises used for the sale of alcoholic beverages, and distance from schools or religious facilities shall not apply. 13. Platting. Separate parcels located within the MUC Overlay and made subject to a unity of title or covenant in lieu of unity of title shall, consistent with Section 31-78 (k)(3), not be deemed a subdivision and shall be exempt from platting requirements. Parcels including transit facilities or infrastructure shall be exempt from platting requirements. 14. Existing Buildings, Structures, and Uses. All existing buildings, structures, and uses for which building permits, certificates of use, and/or development orders have issued prior to the effective date of this Section may be continued. Legally existing structures may be altered, improved, or expanded by up to fifty percent (50%) of the approved structure in accordance with the approved plans and specifications therefor. Any modifications thereto may be implemented as may be approved by the applicable permit -granting authority from time to time. Alterations, improvements, or expansions of greater than fifty percent (50%) of any parameter must thereafter comply with the requirements of this section. City staff shall have the discretion to review minor modifications, fifteen percent (15%) of any particular parameter or less, without the need for site plan review. 15. Maximum gross floor area. Projects developed pursuant to these MUC1 Overlay regulations are limited to 50,000 square feet of gross floor area unless otherwise authorized pursuant to Section 31-144(g)(1)(b)(1). 16. Conflicts. The standards and criteria set forth in this Section shall govern in the event of conflicts with other zonina. subdivision, or landscape reaulations of the City Code. (2) Aventura Center Subdistrict Overlay (MUC2). The purpose and intent of this subdistrict is to provide for higher density, intensity and mix of uses in a compact, walkable urban form, serving as the primary activity center. Residential densities shall not exceed 62 units per gross acre ("Base MUC2 Density"). a. Uses permitted. The following uses shall be permitted in the MUC2 Overlay, either alone or as mixed uses: 1. Hotels; 2. Commercial/retail, including shopping mall and related uses; 3. Electric vehicle charging stations; 4. Offices; 5. Residential, including assisted living; 6. Bars, restaurants, other food/beverage establishments, and outdoor patios, cafes, and table service accessory or incidental to any such use; 7. Rental car facilities; 8. Parking lots and parking structures, including commercial parking lots and garages that charge fees for parking; 9. Governmental; 10. Convention halls and showrooms; 11. Schools; 12. Health care facilities, except hospitals; 10 LDR2606-0001 First Reading 13. Public parks and open spaces; 14. Entertainment uses, except adult entertainment; 15. Communications infrastructure; 16. Art galleries and museums; 17. Indoor and outdoor cultural and educational facilities; 18. Transit uses and infrastructure; and 19. Other similar uses, as approved by the by the City Manager or designee. b. Conditional use. The following uses may be established if first approved as a conditional use: 1. Any project or phase thereof proposing over 50,000 square feet of gross floor area development. 2. Any project proposed on parcels with areas less than 35,000 square feet 3. Any project with floor area ratio higher than 1.5, not to exceed a floor area ratio maximum of 3.5. 4. Uses that exceeds the height limitations up to a maximum of 30 stories for buildings that attain Gold or Platinum certification under the City's Green Building Program as provided in article VI of chapter 14 of the City Code. 5. Density up to 95 units per acre if the development meets at least two of the following, provided that the value of such criteria shall, in the aggregate, equal at least one percent (1 %) of the hard costs of the development: (a) provides or enhances a pedestrian or other connection to transit; (b) provides increased open space above the required minimums; (c) dedicates a park or preen space; (d) contributes to a City -approved art fund; (e) provides one or more art installations; (f) contributes to increased micromobility measures; or (g) provides Hero Housing within the proposed development, but only if determined as needed by the City Manager or designee. (h) funding to offset other impacts of development as procedurally determined For the purposes of this section, "hard costs" shall mean the direct construction costs of the development, but shall expressly exclude furniture, fixtures, and equipment, soft costs such as architectural, engineering, financing, legal, and permitting fees, and other non - construction related expenses. 6. Establishments that sell alcoholic beverages after 2:00 am. 7. Hospitals and Urgent Care 8. Floor areas that are less than the minimum floor areas reauired by the provisions of Subsection 31-144(g)(2)(c)4 hereof. 9. Transfers of Density Development Rights 11 LDR2606-0001 First Reading 10. Transfers of Floor Area Ratio (FAR) Development Rights. c. Site development standards. 1. Properties within the MUC2 Overlay, including those not located directly adjacent or adjoining, may be combined to establish a common building site provided the property owner presents a unity of title or declaration in lieu of unity of title recordable in the public records of Miami -Dade County, Florida, and complying with the provisions of Aventura Code Section 31-78(k)(3). Such common building sites shall thereafter be treated as a singular property for purposes including, but not limited to, the ability to seek conditional use approval for increased FAR and density, and the ability to freely allocate said FAR and density within the boundaries of the common building site. 2. Floor area ratio (FAR) and density standards. The following FAR and density standards shall apply to properties within the MUC2 Overlay: (a) FAR Requirements. The floor area ratio for new development shall be a minimum FAR of 0.5, and a maximum FAR of 1.5 ("Base MUC2 FAR"). The permissible floor area shall be based on the gross development area. Base MUC2 FAR may be shared and shifted between phases and projects within the MUC2 overlay pursuant to Section 31-144(g)(2)(b)(10) so long as the MUC2 Overlay as a whole complies with the Base MUC2 FAR requirements herein. Additional FAR achieved through the conditional use approval process pursuant to Section 31-144(g)(2)(b)(3) to allow a project with a FAR up to 3.5 shall not be eligible for transfer to any property and shall not be counted towards the calculation of the districtwide Base MUC2 FAR limit of 1.5. The amount of FAR added to a receiving parcel through a FAR transfer shall be calculated based on the receiving parcel's lot area, rather than the lot area of the sending parcel. A sending parcel that has transferred FAR rights to another parcel, regardless of amount transferred, shall no longer be eligible to obtain Conditional Use FAR. The transfer of eligible Base MUC2 FAR pursuant to Section 31-144(g)(2)(b)(10) from a property in the MUC2 Overlay (sending property) to another property within the MUC2 Overlay (receiving property), whether in whole or in part, shall require the execution of a recorded declaration of restrictive covenant on each sending and receiving property evidencing such transfers of Base MUC2 FAR. The Declaration of Restrictive Covenants shall, at minimum: (i) identify the sending and receiving property(ies); (ii) specify the FAR being transferred; (iii) provide for the permanent encumbrance of the sending property(ies) to reflect the reduction in development rights; and (iv) assign the corresponding increase to the receiving property(ies). The restrictive covenants shall be made as a condition of approval of the conditional use pursuant to Section 31-144(g)(2)(b)(10). The restrictive covenants shall be recorded by the applicant in a form approved by the City Attorney and the City Manager or his or her designee at the property owner's expense in the public records of Miami -Dade County prior to issuance of any site plan, building permit, or development order relying on such transfer. Any transfer of FAR between any sending property and any receiving property shall be recorded in a City MUC2 FAR ledger documenting the deduction or addition of FAR from the receiving and sending properties, as applicable. 12 LDR2606-0001 First Reading (b) Density Calculations. Density shall be calculated within the MUC2 Overlay based on the gross development area of the MUC2 Overlay. Base MUC2 Density may be shared and shifted between phases and projects within the MUC2 Overlay pursuant to Section 31-144(g)(2)(b)(9) so long as the MUC2 Overlay as a whole complies with the Base MUC2 Density requirements herein. Additional residential dwelling units achieved through the conditional use approval process pursuant to Section 31- 144(g)(2)(b)(5) for additional density limits of up to 95 dwelling units per acre are not eligible for transfer to any property and shall not be counted towards the calculation of the districtwide MUC2 Density limits of 62 units per acre. A property that has transferred Base Density, regardless of the amount, is no longer eligible for Conditional Use density. The transfer of eligible Base MUC2 Density pursuant to Section 31-144(g)(2)(b)(9) from a property in the MUC2 Overlay (sending property) to another property within the MUC2 Overlay (receiving property), whether in whole or in part, shall require the execution of a recorded declaration of restrictive covenant on each sending and receiving property evidencing such transfers of Base MUC2 Density. The Declaration of Restrictive Covenants shall, at minimum: (i) identify the sending and receiving property(ies); (ii) specify the density being transferred; (iii) provide for the permanent encumbrance of the sending property(ies) to reflect the reduction in development rights; and (iv) assign the corresponding increase to the receiving property(ies). The restrictive covenants shall be made as a condition of approval of the conditional use pursuant to Section 31-144(g)(2)(b)(9). The restrictive covenants shall be recorded by the applicant in a form approved by the City Attorney and the City Manager or his or her designee at the property owner's expense in the public records of Miami -Dade County prior to issuance of any site plan, building permit, or development order relying on such transfer. Any transfer of Base MUC2 Density between any sending property and any receiving property shall be recorded in a City MUC2 Density ledger documenting the deduction or addition of Base MUC2 Density from the receiving and sending properties, as applicable. 3. Maximum height: 25 stories, including structured parking. 4. 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- 1 44(g)(2)(b)(8): i. Efficiency or one -bedroom unit: 600 square 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 square feet. 5. Setbacks: 13 LDR2606-0001 First Reading a) No minimum setback from private streets at grade, interior/rear property lines, and park rights -of -way. Minimum 10 feet from public streets for all structures. c) There shall be no maximum or minimum limitation on the size of a floor plate. 6. Lot size and coverage. The minimum lot size required to develop pursuant to these regulations is 35,000 square feet, unless otherwise authorized pursuant to Section 31-144(g)(2)(b)(2), except for transit facilities or infrastructure which shall have no minimum lot size. Lot coverage shall not be limited other than by compliance with the open space requirements. 7. Architectural Expression: Building facades facing public and private street rights -of -way or public open space or both shall be a minimum twenty-five percent (25%) glazed. Glazing is not required for building facades that face transit -only rights -of -way or for above -grade parking garage structures that face public and private street rights -of -way or public open space. 8. Encroachments: (a) Buildings and structures above the ground floor may be built above colonnades but shall not extend into the public right-of-way unless approved by the City and by other agency with authority over the right-of-way. It is provided, however, that, to the extent permitted by State law and subject to the approval of the City or other agency with authority over the right-of- way, and for the transportation purpose of providing a connecting pedestrian or vehicular corridor, the street may be covered above the first floor with publicly -accessible structures connecting buildings, including: platforms fitted with trains and passenger waiting areas; roofs; upper story terraces, pedestrian bridges, and automobile bridges between parking garages. Adequate clearance for structures above streets shall be maintained. (b) Cantilevered balconies, awnings, weather protection elements and similar features with adequate vertical clearance may encroach into street rights -of -way but shall not extend closer than six (6) inches from the curb face. 9. Open Space: The minimum open space requirement shall be ten percent (10%) of the gross development area. At least 50% of the open space shall be accessible to the public and may include parks, plazas, water bodies including retention ponds, balconies, terraces, courtyards, arcades/colonnades, pedestrian paths, and open-air transit platform areas improved for pedestrian comfort. Fifty percent (50%) of the total area of open spaces that are not accessible to the general public, such as rooftop preen spaces, may be counted toward the 10% requirement (comprising up to one-half of it). Open space may be shared and shifted between phases and projects within MUC2 so long as the MUC2 Overlay as a whole complies with the open space requirements herein. The City Manager shall set forth an administrative application and approval process to facilitate such sharing and shifting of open space within MUC2. 10. Parking: The table below indicates minimum parking for each type of use. Parking shall be calculated for the uses within the MUC2 on a project -by -project basis; required parking may be shared and shifted between phases and projects within the MUC1 and MUC2 subdistricts so long as the parcels sharing parking comply as a whole with the parking requirements herein. 14 LDR2606-0001 First Reading Minimum Parking Use Requirements General Retail/Personal Service, Entertainment, Food/Beverage 1 spaces/1,000 SF Establishments, Convention Halls and Showrooms Professional Office, Institutional (except 0.3 spaces/1,000 SF Convention Halls), Health Care Services Residential 0.5 space per unit Accommodation 0.2 spaces/room Transit systems, including 0.3 spaces/1,000 SF Maintenance Facilities (excluding platform) 25% of the required Other Uses parking indicated in Section 31-171 a. To minimize adverse visual effects of the structure(s). multi -story parkina aaraaes facin public and private streets, rights -of -way, and/or public open space shall require screening methods, including, without limitation: liner buildings; glazing; building wall extensions; vertical planted walls; berms; landscaping; architectural fenestration; sculpture; design features; and/or other innovative screening methods. b. Surface parking lots fronting streets shall be located a minimum of 10 feet from the right-of- way and screened at the 10 -foot line. The setback shall incorporate a combination of hard - scare and landscape elements. c. Mechanized and tandem parkina shall be allowed. For the purpose of this subdistri mechanized parking shall be defined as a mechanism with vertical and horizontal transport capability that provides for automobile storage and retrieval. Mechanized and tandem parking spaces shall be counted toward the parking requirements of this section. Mechanized and tandem parking may be provided with a County standard queuing analysis is submitted and approved during the ASPA process. 11. Landscaping: Landscaping shall conform to the City's landscape standards set forth in Section 31-221, as applicable to non-residential development, with the following exceptions: 1. A minimum of 20 trees per net acre of open space shall be provided. Trees may be placed in the lot, or in preens, squares, rooftops, plazas and street medians within the MUC. Lot trees shall have a minimum 2 -inch diameter at breast height. 15 LDR2606-0001 First Reading 2. Street trees shall be planted at a maximum of 30 feet average on center, with a minimum 3 -inch diameter at breast height. Street trees shall be placed inside landscaped strips, tree planters, and in medians in the right-of-way or on private property where demonstrated to be necessary due to right-of-way obstructions, as determined by the Community Development Department or other agency with jurisdiction. 12. Alcoholic Beverages: The restrictions on premises used for the sale of alcoholic beverages set forth in Chapter 4 of this Code regarding hours and days of sale, distance from other premises used for the sale of alcoholic beverages, and distance from schools or religious facilities shall not apply. 13. Platting. Separate parcels located within the MUC Overlay and made subject to a unity of title or covenant in lieu of unity of title shall, consistent with Section 31-78 (k)(3), not be deemed a subdivision and shall be exempt from platting requirements. Parcels including transit facilities or infrastructure shall be exempt from platting requirements. 14. Existing Buildings, Structures, and Uses. All existing buildings, structures, and uses for which building permits, certificates of use, and/or development orders have issued prior to the effective date of this Section may be continued. Legally existing structures may be altered, improved, or expanded by up to fifty percent (50%) of the approved structure in accordance with the approved plans and specifications therefor. Any modifications thereto may be implemented as may be approved by the applicable permit -granting authority from time to time. Alterations, improvements, or expansions of greater than fifty percent (50%) of any parameter must thereafter comply with the requirements of this section. City staff shall have the discretion to review minor modifications, fifteen percent (15%) of any particular parameter or less, without the need for site plan review. 15. Maximum gross floor area. Projects developed pursuant to these MUC2 Overlay regulations are limited to 50,000 square feet of gross floor area unless otherwise authorized pursuant to Section 31-144(g)(2)(b)(1). 16. Conflicts. The standards, and criteria set forth in this Section shall govern in the event of conflicts with other zoning, subdivision, or landscape regulations of the City Code. (3) Aventura Edge Subdistrict Overlay (MUC3). The purpose and intent of this subdistrict is to provide for higher density, intensity and mix of uses in a compact, walkable urban form, serving as the primary activity center. Residential densities shall not exceed 62 units per gross acre ("Base MUC3 Density"). a. Uses permitted. The following uses shall be permitted in the MUC3 Overlay, either alone or as mixed uses: 1. Hotels; 2. Commercial/retail, including shopping mall and related uses; 3. Electric vehicle charging stations; 4. Offices; 5. Residential, including assisted living; 6. Bars, restaurants, other food/beverage establishments, and outdoor patios, cafes, and table service accessory or incidental to any such use; 7. Rental car facilities; iI: LDR2606-0001 First Reading 8. Parking lots and parking structures, including commercial parking lots and garages that charge fees for parking; 9. Governmental; 10. Convention halls and showrooms; 11. Schools; 12. Health care facilities, except hospitals; 13. Public parks and open spaces; 14. Entertainment uses, except adult entertainment; 15. Communications infrastructure; 16. Art galleries and museums; 17. Indoor and outdoor cultural and educational facilities; 18. Transit uses and infrastructure; and 19. Other similar uses, as approved by the by the City Manager or designee. b. Conditional use. The following uses may be established if first approved as a conditional use: 1. Any project or phase thereof proposing over 50,000 square feet of gross floor area development. 2. Any project proposed on parcels with areas less than 35,000 square feet 3. Any project with floor area ratio higher than 1.5, not to exceed a floor area ratio maximum of 3.0. 4. Uses that exceeds the height limitations up to a maximum of 25 stories for buildings that attain Gold or Platinum certification under the City's Green Building Program as provided in article VI of chapter 14 of the City Code. 5. Density up to 90 units per acre if the development meets at least two of the following, provided that the value of such criteria shall, in the aggregate, equal at least one percent (1 %) of the hard costs of the development: (a) provides or enhances a pedestrian or other connection to transit; (b) provides increased open space above the required minimums; (c) dedicates a park or preen space; (d) contributes to a City -approved art fund; (e) provides one or more art installations; (f) contributes to increased micromobility measures; or (g) provides Hero Housing within the proposed development, but only if determined as needed by the City Manager or designee. (h) funding to offset other impacts of development as procedurally determined For the purposes of this section, "hard costs" shall mean the direct construction costs of the development, but shall expressly exclude furniture, fixtures, and equipment, soft costs such 17 LDR2606-0001 First Reading as architectural, engineering, financing, legal, and permitting fees, and other non - construction related expenses. 6. Establishments that sell alcoholic beverages after 2:00 am. 7. Hospitals and Urgent Care 8. Floor areas that are less than the minimum floor areas required by the provisions of Subsection 31-144(g)(3)(c)4 hereof. 9. Transfers of Density Development Rights. 10. Transfers of Floor Area Ratio (FAR) Development Rights. c. Site development standards. 1. Properties within the MUC3 Overlay, including those not located directly adjacent or adjoining, may be combined to establish a common building site provided the property owner presents a unity of title or declaration in lieu of unity of title recordable in the public records of Miami -Dade County, Florida, and complying with the provisions of Aventura Code Section 31-78(k)(3). Such common building sites shall thereafter be treated as a singular property for purposes including, but not limited to, the ability to seek conditional use approval for increased FAR and density, and the ability to freely allocate said FAR and density within the boundaries of the common building site. 2. Floor area ratio (FAR) and density standards. The following FAR and density standards shall apply to properties within the MUC3 Overlay: (a) FAR Requirements. The floor area ratio for new development shall be a minimum FAR of 0.5, and a maximum FAR of 1.5 ("Base MUC3 FAR"). The permissible floor area shall be based on the gross development area. Base MUC3 FAR may be shared and shifted between phases and projects within the MUC3 overlay pursuant to Section 31-144(g)(3)(b)(10) so long as the MUC3 Overlay as a whole complies with the Base MUC3 FAR requirements herein. Additional FAR achieved through the conditional use approval process pursuant to Section 31-144(g)(3)(b)(3) to allow a project with a FAR up to 3.0 shall not be eligible for transfer to any property and shall not be counted towards the calculation of the districtwide Base MUC3 FAR limit of 1.5. The amount of FAR added to a receiving parcel through a FAR transfer shall be calculated based on the receiving parcel's lot area, rather than the lot area of the sending parcel. A sending parcel that has transferred FAR rights to another parcel, regardless of amount transferred, shall no longer be eligible to obtain Conditional Use FAR. The transfer of eligible Base MUC3 FAR pursuant to Section 31-144(g)(3)(b)(10) from a property in the MUC3 Overlay (sending property) to another property within the MUC3 Overlay (receiving property), whether in whole or in part, shall require the execution of a recorded declaration of restrictive covenant on each sending and receiving property evidencing such transfers of Base MUC3 FAR. The Declaration of Restrictive Covenants shall. at minimum: (i) identify the sending and receiving property(ies); (ii) specify the FAR being transferred; (iii) provide for the permanent encumbrance of the sending property(ies) to reflect the reduction in development rights; and (iv) assign the corresponding increase to the receiving property(ies). 18 LDR2606-0001 First Reading The restrictive covenants shall be made as a condition of approval of the conditional use pursuant to Section 31-144(g)(3)(b)(10). The restrictive covenants shall be recorded by the applicant in a form approved by the City Attorney and the City Manager or his or her designee at the property owner's expense in the public records of Miami -Dade County prior to issuance of any site plan, building permit, or development order relying on such transfer. Any transfer of FAR between any sending property and any receiving property shall be recorded in a City MUC3 FAR ledger documenting the deduction or addition of FAR from the receiving and sending properties, as applicable. (b) Density Calculations. Density shall be calculated within the MUC3 Overlay based on the gross development area of the MUC3 Overlay. Base MUC3 Density may be shared and shifted between phases and projects within the MUC3 Overlay pursuant to Section 31-144(g)(3)(b)(9) so long as the MUC3 Overlay as a whole complies with the Base MUC3 Density requirements herein. Additional residential dwelling units achieved through the conditional use approval process pursuant to Section 31- 144(g)(3)(b)(5) for additional density limits of up to 90 dwelling units per acre are not eligible for transfer to any property and shall not be counted towards the calculation of the districtwide MUC3 Density limits of 62 units per acre. A property that has transferred Base Density, regardless of the amount, is no longer eligible for Conditional Use density. The transfer of eligible Base MUC3 Density pursuant to Section 31-144(g)(3)(b)(9) from a property in the MUC3 Overlay (sending property) to another property within the MUC3 Overlay (receiving property), whether in whole or in part, shall require the execution of a recorded declaration of restrictive covenant on each sending and receiving property evidencing such transfers of Base MUC3 Density. The Declaration of Restrictive Covenants shall, at minimum: (i) identify the sending and receiving property(ies); (ii) specify the density being transferred; (iii) provide for the permanent encumbrance of the sending property(ies) to reflect the reduction in development rights; and (iv) assign the corresponding increase to the receiving property(ies). The restrictive covenants shall be made as a condition of approval of the conditional use pursuant to Section 31-144(g)(3)(b)(9). The restrictive covenants shall be recorded by the applicant in a form approved by the City Attorney and the City Manager or his or her designee at the property owner's expense in the public records of Miami -Dade County prior to issuance of any site plan, building permit, or development order relying on such transfer. Any transfer of Base MUC3 Density between any sending property and any receiving property shall be recorded in a City MUC3 Density ledger documenting the deduction or addition of Base MUC3 Density from the receiving and sending properties, as applicable. 3. Maximum height: 20 stories, including structured parking. 4. 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- 1 44(g)(3)(b)(8): i. Efficiency or one -bedroom unit: 600 square feet. 19 LDR2606-0001 First Reading ii. Two -bedroom unit: 800 square feet. iii. Three -bedroom: 1.000 sauare feet. For each additional bedroom in excess of three, add 150 square feet. 5. Setbacks: a) No minimum setback from private streets at grade, interior/rear property lines, and park rights -of -way. b) Minimum 10 feet from public streets for all structures. There shall be no maximum or minimum limitation on the size of a floor 6. Lot size and coverage. The minimum lot size required to develop pursuant to these regulations is 35,000 square feet, unless otherwise authorized pursuant to Section 31-144(g)(3)(b)(2), except for transit facilities or infrastructure which shall have no minimum lot size. Lot coverage shall not be limited other than by compliance with the open space requirements. 7. Architectural Expression: Building facades facing public and private street rights -of -way or public open space or both shall be a minimum twenty-five percent (25%) glazed. Glazing is not required for building facades that face transit -only rights -of -way or for above -grade parking garage structures that face public and private street rights -of -way or public open space. 8. Encroachments: 1. Buildinas and structures above the around floor may be built above colonnades but shall not extend into the public right-of-way unless approved by the City and by other agency with authority over the right-of-way. It is provided, however, that, to the extent permitted by State law and subject to the approval of the City or other agency with authority over the right-of-way, and for the transportation purpose of providing a connecting pedestrian or vehicular corridor, the street may be covered above the first floor with publicly -accessible structures connecting buildings, including: platforms fitted with trains and passenger waiting areas; roofs; upper story terraces, pedestrian bridges, and automobile bridges between parking garages. Adequate clearance for structures above streets shall be maintained. 2. Cantilevered balconies, awnings, weather protection elements and similar features with adequate vertical clearance may encroach into street rights -of -way but shall not extend closer than six (6) inches from the curb face. 9. Open Space: The minimum open space requirement shall be ten percent (10%) of the gross development area. At least 50% of the open space shall be accessible to the public and may include parks, plazas, water bodies including retention ponds, balconies, terraces, courtyards, arcades/colonnades, pedestrian paths, and open-air transit platform areas improved for pedestrian comfort. Fifty percent (50%) of the total area of open spaces that are not accessible to the general public, such as rooftop preen spaces, may be counted toward the 10% requirement (comprising up to one-half of it). Open space may be shared and shifted between phases and projects within MUC3 so long as the MUC3 Overlay as a whole complies with the open space requirements herein. The City Manager shall set forth an administrative application and approval process to facilitate such sharing and shifting of open space within MUC3. 20 LDR2606-0001 First Reading 10. Parking: The table below indicates minimum parking for each type of use. Parking shall be calculated for the uses within the MUC3 on a project -by -project basis; required parking may be shared and shifted between phases and projects within the MUC3 subdistrict so long as the parcels sharing parking comply as a whole with the parking requirements herein. Minimum Parking Use Requirements General Retail/Personal Service, Entertainment, Food/Beverage 1 spaces/1,000 SF Establishments, Convention Halls and Showrooms Professional Office, Institutional (except 0.3 spaces/1,000 SF Convention Halls), Health Care Services Residential 0.5 space per unit Accommodation 0.2 spaces/room Transit systems, including 0.3 spaces/1,000 SF Maintenance Facilities (excluding platform) 25% of the required Other Uses parking indicated in Section 31-171 a. To minimize adverse visual effects of the structure(s). multi -story Darkina aaraaes facing public and private streets, rights -of -way, and/or public open space shall require screening methods, including, without limitation: liner buildings; glazing; building wall extensions; vertical planted walls; berms; landscaping; architectural fenestration: sculpture: desian features: and/or other innovative screenina methods. b. Surface Darkina lots frontina streets shall be located a minimum of 10 feet from the right-of-way and screened at the 10 -foot line. The setback shall incorporate a combination of hard-scape and landscape elements. c. Mechanized and tandem parking shall be allowed. For the purpose of this subdistrict, mechanized parking shall be defined as a mechanism with vertical and horizontal transport capability that provides for automobile storage and retrieval. Mechanized and tandem parking spaces shall be counted toward the parking requirements of this section. Mechanized and tandem parking may be provided with a County standard queuing analysis is submitted and approved during the ASPA process. 21 LDR2606-0001 First Reading 11. Landscaping: Landscaping shall conform to the City's landscape standards set forth in Section 31-221, as applicable to non-residential development, with the following exceptions: 1. A minimum of 20 trees per net acre of open space shall be provided. Trees may be placed in the lot, or in greens, squares, rooftops, plazas and street medians within the MUC. Lot trees shall have a minimum 2 -inch diameter at breast heiaht. 2. Street trees shall be planted at a maximum of 30 feet average on center, with a minimum 3 -inch diameter at breast height. Street trees shall be placed inside landscaped strips, tree planters, and in medians in the right-of-way or on private property where demonstrated to be necessary due to right-of-way obstructions, as determined by the Community Development Department or other agency with jurisdiction. 12. Alcoholic Beverages: The restrictions on premises used for the sale of alcoholic beverages set forth in Chapter 4 of this Code regarding hours and days of sale, distance from other premises used for the sale of alcoholic beverages, and distance from schools or religious facilities shall not apply. 13. Platting. Separate parcels located within the MUC Overlay and made subject to a unity of title or covenant in lieu of unity of title shall, consistent with Section 31-78 (k)(3), not be deemed a subdivision and shall be exempt from platting requirements. Parcels including transit facilities or infrastructure shall be exempt from platting requirements. 14. Existing Buildings, Structures, and Uses. All existing buildings, structures, and uses for which building permits, certificates of use, and/or development orders have issued prior to the effective date of this Section may be continued. Legally existing structures may be altered, improved, or expanded by up to fifty percent (50%) of the approved structure in accordance with the approved plans and specifications therefor. Any modifications thereto may be implemented as may be approved by the applicable permit -granting authority from time to time. Alterations, improvements, or expansions of greater than fifty percent (50%) of any parameter must thereafter comply with the requirements of this section. City staff shall have the discretion to review minor modifications, fifteen percent (15%) of any particular parameter or less, without the need for site plan review. 15. Maximum gross floor area. Projects developed pursuant to these MUC3 Overlay regulations are limited to 50,000 square feet of gross floor area unless otherwise authorized pursuant to Section 31-144(g)(3)(b)(1). 16. Conflicts. The standards, and criteria set forth in this Section shall govern in the event of conflicts with other zoning, subdivision, or landscape regulations of the City Code. 22 CITY OF AVENTURA ORDINANCE NO. 2026-_ AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 31, "LAND DEVELOPMENT REGULATIONS" OF THE CITY CODE OF ORDINANCES TO CREATE SECTION 31-144(g) "AVENTURA METROPOLITAN URBAN CENTER ZONING DISTRICT OVERLAY", TO PROVIDE FOR A NEW ZONING DISTRICT OVERLAY 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 City Commission (the "City") 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; and WHEREAS, the City Commission desires to amend Chapter 31, "Land Development Regulations", to create Section 31-144(g), a " Metropolitan Urban Center Overlay", within the Business and Office areas of the City that provides zoning regulations consistent with the "MUC" notation on the Future Land Use Map of the City's Comprehensive Plan ("FLUM") and designed to guide a mix of land uses, including retail, office, hotel/conference, commercial, residential and other similar uses, 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 MUC designation on the FLUM is to acknowledge the urban character of the indicated area, centered on the transit facilities and regional shopping center (the "Regional Mall") located along Biscayne Boulevard; and WHEREAS, the Regional Mall, located directly east of the Aventura Station rail stop, will be connected to the rail station via a direct pedestrian overpass, including a landing area on the west side of the Regional Mall property; and WHEREAS, the purpose of the Metropolitan Urban Center Overlay is to encourage the design of contiguous 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 is adopting this Metropolitan Urban Center Overlay in order to promote transit -oriented development, encourage investment in infrastructure improvements enhancing multimodal transportation, reduce traffic congestion, and stimulate economic growth; and City of Aventura Ordinance No. 2026 - WHEREAS, the City Commission has been designated as the Local Planning Agency for the City pursuant to Section 163.3174, Florida Statutes; and WHEREAS, the Local Planning Agency has reviewed the proposed amendment and has recommended approval to the City Commission; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with the law; and WHEREAS, the City Commission has reviewed the proposed amendment, and finds that it is in the best interest of the public to create Section 31-144(g) 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 31-144(g) " Aventura Metropolitan Urban Center (MUC) Zoning Overlay" of Chapter 31, "Land Development Regulations", of the City Code hereby is created to read as follows': Sec. 31-144. Business Zoning Districts. & Aventura Metropolitan Urban Center (MUC) Zoning Overlay. The Metropolitan Urban Center designation as described and adopted within the Miami Dade Comprehensive Plan may be applied as an overlay to land designated Business and Office on the City's Future Land Use Map. The overlay is applied via the City's Official Zoning Map to parcels based upon their proximity to the MUC's major transit connection points (i.e., the Brightline Station and the bus terminal at Aventura Mall). MUC Zoning District Overlay provisions notwithstanding, a property owner shall have the option to develop in accordance with the property's underlying zoning or in accordance with the provisions of this section. The MUC District Zonina Overlay is divided into the followina subdistricts: (1) Aventura Core Subdistrict (MUC1) 1 Underlined text indicates additions. Stricken- through text indicates deletions. Double underline indicates changes made between first and second reading. Page 2 of 22 City of Aventura Ordinance No. 2026- (2) Aventura Center Subdistrict (MUC2) (3) Aventura Edge Subdistrict (MUC3) (1) Aventura Core Subdistrict Overlay (MUC1). The purpose and intent of this subdistrict is to provide for higher density, intensity and mix of uses in a compact, walkable urban form, serving as the primary activity center. Residential densities shall not exceed 62 units per gross acre ("Base MUC1 Density"). a. Uses permitted. The following uses shall be permitted in the MUC1 Overlay, either alone or as mixed uses: 1. Hotels; 2. Commercial/retail, including shopping mall and related uses; 3. Automobile showrooms and displays; 4. Electric vehicle charging stations; 5. Offices; 6. Residential, including assisted living; 7. Bars, restaurants, other food/beverage establishments, and outdoor patios, cafes, and table service accessory or incidental to any such use; 8. Rental car facilities; 9. Parking lots and parking structures, including commercial parking lots and garages that charge fees for parking; 10. Governmental; 11. Convention halls and showrooms; 12. Schools; 13. Health care facilities, except hospitals; 14. Public parks and open spaces; 15. Entertainment uses, except adult entertainment; 16. Communications infrastructure; 17. Art galleries and museums; 18. Indoor and outdoor cultural and educational facilities; 19. Transit uses and infrastructure; and 20. Other similar uses, as approved by the by the City Manager or designee. b. Conditional use. The following uses may be established if first approved as a conditional use: 1. Any project or phase thereof proposing over 50,000 square feet of gross floor area development. 2. Any project proposed on parcels with areas less than 35,000 square feet 3. Any project with floor area ratio higher than 1.5, not to exceed a floor area ratio maximum of 4.0. 4. Uses that exceeds the height limitations up to a maximum of 30 stories for buildings that attain Gold or Platinum certification under the City's Green Building Program as provided in article VI of chapter 14 of the City Code. Page 3 of 22 City of Aventura Ordinance No. 2026- 5. Density up to 100 units per acre if the development meets at least two of the following, provided that the value of such criteria shall, in the aggregate, equal at least one percent (1 %) of the hard costs of the development: (a) provides or enhances a pedestrian or other connection to transit; (b) provides increased open space above the required minimums; (c) dedicates a park or preen space; (d) contributes to a City -approved art fund; (e) provides one or more art installations; (f) contributes to increased micromobility measures; or (g) provides Hero Housing within the proposed development, but only if determined as needed by the City Manager or designee. (h) funding to offset other impacts of development as procedurally determined For the purposes of this section, "hard costs" shall mean the direct construction costs of the development, but shall expressly exclude furniture, fixtures, and equipment, soft costs such as architectural, engineering, financing, legal, and permitting fees, and other non - construction related expenses. 6. Establishments that sell alcoholic beverages after 2:00 am. 7. Hospitals and Urgent Care 8. Floor areas that are less than the minimum floor areas reauired by the provisions of Subsection 31-144(g)(1)(c)4 hereof. 9. Transfers of Density Development Rights. 10. Transfers of Floor Area Ratio (FAR) Development Rights. c. Site development standards. 1. Properties within the MUC1 Overlay, including those not located directly adjacent or adjoining, may be combined to establish a common building site provided the property owner presents a unity of title or declaration in lieu of unity of title recordable in the public records of Miami -Dade County, Florida, and complying with the provisions of Aventura Code Section 31-78(k)(3). Such common building sites shall thereafter be treated as a singular property for purposes including, but not limited to, the ability to seek conditional use approval for increased FAR and density, and the ability to freely allocate said FAR and density within the boundaries of the common building site. 2. Floor area ratio (FAR) and density standards. The following FAR and density standards shall apply to properties within the MUC1 Overlay: (a) FAR Requirements. The floor area ratio for new development shall be a minimum FAR of 0.5, and a maximum FAR of 1.5 ("Base MUC1 FAR"). The permissible floor area shall be based on the gross development area. Base MUC1 FAR may be shared and shifted between phases and projects within the MUC1 overlay pursuant to Section 31-144(g)(1)(b)(10) so long as the MUC1 Overlay as a whole complies with the Base MUC1 FAR requirements herein. Additional FAR achieved through the conditional use approval process pursuant to Section 31-144(g)(1)(b)(3) to allow a project with a FAR up to 4.0 shall not be eligible for transfer to any property and shall not be counted towards the calculation of the districtwide Base MUC1 FAR limit of 1.5. Page 4 of 22 City of Aventura Ordinance No. 2026 - The amount of FAR added to a receiving parcel through a FAR transfer shall be calculated based on the receiving parcel's lot area, rather than the lot area of the sending parcel. A sending parcel that has transferred FAR rights to another parcel, regardless of amount transferred, shall no longer be eligible to obtain Conditional Use FAR. The transfer of eligible Base MUC1 FAR pursuant to Section 31-144(g)(1)(b)(10) from a property in the MUC1 Overlay (sending property) to another property within the MUC1 Overlay (receiving property), whether in whole or in part, shall require the execution of a recorded declaration of restrictive covenant on each sending and receiving property evidencing such transfers of Base MUC1 FAR. The Declaration of Restrictive Covenants shall, at minimum: (i) identify the sending and receiving property(ies); (ii) specify the FAR being transferred; (iii) provide for the permanent encumbrance of the sending property(ies) to reflect the reduction in development rights; and iv) assian the correspondina increase to the receivina propertv(ies The restrictive covenants shall be made as a condition of approval of the conditional use pursuant to Section 31-144(g)(1)(b)(10). The restrictive covenants shall be recorded by the applicant in a form approved by the City Attorney and the City Manager or his or her designee at the property owner's expense in the public records of Miami -Dade County prior to issuance of any site plan, building permit, or development order relying on such transfer. Any transfer of FAR between any sending property and any receiving property shall be subject to the approval of an entry documenting the deduction or addition of FAR from the receiving and sending properties. as applicable. in a City MUC1 FAR ledaer. (b) Density Calculations. Density shall be calculated within the MUC1 Overlay based on the gross development area of the MUC1 Overlay. Base MUC1 Density may be shared and shifted between phases and projects within the MUC1 Overlay pursuant to Section 31-144(g)(1)(b)(9) so long as the MUC1 Overlay as a whole complies with the Base MUC1 Density requirements herein. Additional residential dwelling units achieved through the conditional use approval process pursuant to Section 31- 144(g)(1)(b)(5) for additional density limits of up to 100 dwelling units per acre are not eligible for transfer to any property and shall not be counted towards the calculation of the districtwide MUC1 Base Density limits of 62 dwelling units per acre. A property that has transferred Base Density, regardless of the amount, is no longer eligible for Conditional Use density. The transfer of eligible Base MUC1 Density pursuant to Section 31-144(g)(1)(b)(9) from a property in the MUC1 Overlay (sending property) to another property within the MUC1 Overlay (receiving property), whether in whole or in part, shall require the execution of a recorded declaration of restrictive covenant on each sending and receiving property evidencing such transfers of Base MUC1 Density. The Declaration of Restrictive Covenants shall, at minimum: (i) identify the sending and receiving property(ies); (ii) specify the density being transferred; (iii) provide for the permanent encumbrance of the sending property(ies) to reflect the reduction in development rights; and Page 5 of 22 City of Aventura Ordinance No. 2026 - (iv) assign the corresponding increase to the receiving property(ies). The restrictive covenants shall be made as a condition of approval of the conditional use pursuant to Section 31-144(g)(1)(b)(9). The restrictive covenants shall be recorded by the applicant in a form approved by the City Attorney and the City Manager or his or her designee at the property owner's expense in the public records of Miami -Dade County prior to issuance of any site plan, building permit, or development order relying on such transfer. Any transfer of Base MUC1 Density between any sending property and any receiving property shall be recorded in a City MUC1 Density ledger documenting the deduction or addition of Base MUC1 Density from the receiving and sending properties, as applicable. 3. Maximum height: 25 stories, including structured parking. 4. 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- 1 44(g)(1)(b)(8): i. Efficiency or one -bedroom unit: 600 square 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. 5. Setbacks: a) No minimum setback from private streets at grade, interior/rear property lines, and park rights -of -way. b) Minimum 10 feet from public streets for all structures. c) There shall be no maximum or minimum limitation on the size of a floor plate. 6. Lot size and coverage. The minimum lot size required to develop pursuant to these regulations is 35,000 square feet, unless otherwise authorized pursuant to Section 31-144(g)(1)(b)(2), except for transit facilities or infrastructure which shall have no minimum lot size. Lot coverage shall not be limited other than by compliance with the open space requirements. 7. Architectural Expression: Building facades facing public and private street rights -of -way or public open space or both shall be a minimum twenty-five percent (25%) glazed. Glazing is not required for building facades that face transit -only rights -of -way or for above -grade parking garage structures that face public and private street rights -of -way or public open space. 8. Encroachments: (a) Buildings and structures above the ground floor may be built above colonnades but shall not extend into the public right-of-way unless approved by the City and by other agency with authority over the right-of-way. It is provided, however, that, to the extent permitted by State law and subject to the approval of the City or other agency with authority over the right-of-way, and for the transportation purpose of providing a connecting pedestrian or vehicular corridor, the street may be covered above the first floor with publicly -accessible structures connecting buildings, including: platforms fitted with trains and passenger Page 6 of 22 City of Aventura Ordinance No. 2026 - waiting areas; roofs; upper story terraces, pedestrian bridges, and automobile bridges between parking garages. Adequate clearance for structures above streets shall be maintained. (b) Cantilevered balconies, awnings, weather protection elements and similar features with adequate vertical clearance may encroach into street rights -of -way but shall not extend closer than six (6) inches from the curb face. 9. Open Space: The minimum open space requirement shall be ten percent (10%) of the gross development area. At least 50% of the open space shall be accessible to the public and may include parks, plazas, water bodies including retention ponds, balconies, terraces, courtyards, arcades/colonnades, pedestrian paths, and open-air transit platform areas improved for pedestrian comfort. Fifty percent (50%) of the total area of open spaces that are not accessible to the general public, such as rooftop preen spaces, may be counted toward the 10% requirement (comprising up to one-half of it). Open space may be shared and shifted between phases and projects within MUC1 so long as the MUC1 Overlay as a whole complies with the open space requirements herein. The City Manager shall set forth an administrative application and approval process to facilitate such sharing and shifting of open space within MUC1. 10. Parking: The table below indicates minimum parking for each type of use. Parking shall be calculated for the uses within the MUC1 Overlay as a whole; required parking may be shared and shifted between phases and proiects within subdistricts MUC1 and MUC2 so Iona as the parcels sharing comply as a whole with the parking requirements herein. Use Minimum Parking Requirements General Retail/Personal Service, 1 spaces/1,000 SF Entertainment, Food/Beverage Establishments, Convention Halls and Showrooms Professional Office, Institutional 0.3 spaces/1,000 SF (except Convention Halls), Health Care Services Residential 0.5 space per unit Accommodation 0.2 spaces/room Transit systems, including 0.3 spaces/1,000 SF (excluding platform) Maintenance Facilities Other Uses 25% of the required parking indicated in Section 31-171 a. To minimize adverse visual effects of the structure(s), multi -story parking garages facing public and private streets, rights -of -way, and/or public open space shall require screening methods, including, without limitation: liner buildings; glazing; building wall extensions; Page 7 of 22 City of Aventura Ordinance No. 2026 - vertical planted walls; berms; landscaping; architectural fenestration; sculpture; design features; and/or other innovative screening methods. b. Surface parking lots fronting streets shall be located a minimum of 10 feet from the right-of- way and screened at the 10 -foot line. The setback shall incorporate a combination of hard - scare and landscape elements. c. Mechanized and tandem parking shall be allowed. For the purpose of this subdistrict, mechanized parking shall be defined as a mechanism with vertical and horizontal transport capability that provides for automobile storage and retrieval. Mechanized and tandem parking spaces shall be counted toward the parking requirements of this section. Mechanized and tandem parking may be provided with a County standard queuing analysis is submitted and approved during the ASPA process. 11. Landscaping: Landscaping shall conform to the City's landscape standards set forth in Section 31-221, as applicable to non-residential development, with the following exceptions: 1. A minimum of 20 trees per net acre of open space shall be provided. Trees may be placed in the lot, or in greens, squares, rooftops, plazas and street medians within the MUC. Lot trees shall have a minimum 2 -inch diameter at breast height. 2. Street trees shall be planted at a maximum of 30 feet average on center, with a minimum 3 -inch diameter at breast height. Street trees shall be placed inside landscaped strips, tree planters, and in medians in the right-of-way or on private property where demonstrated to be necessary due to right-of-way obstructions, as determined by the Community Development Department or other agency with jurisdiction. 12. Alcoholic Beverages: The restrictions on premises used for the sale of alcoholic beverages set forth in Chapter 4 of this Code regarding hours and days of sale, distance from other premises used for the sale of alcoholic beverages, and distance from schools or religious facilities shall not apply. 13. Platting. Separate parcels located within the MUC Overlay and made subject to a unity of title or covenant in lieu of unity of title shall, consistent with Section 31-78 (k)(3), not be deemed a subdivision and shall be exempt from platting requirements. Parcels including transit facilities or infrastructure shall be exempt from platting requirements. 14. Existing Buildings, Structures, and Uses. All existing buildings, structures, and uses for which building permits, certificates of use, and/or development orders have issued prior to the effective date of this Section may be continued. Legally existing structures may be altered, improved, or expanded by up to fifty percent (50%) of the approved structure in accordance with the approved plans and specifications therefor. Any modifications thereto may be implemented as may be approved by the applicable permit -granting authority from time to time. Alterations, improvements, or expansions of greater than fifty percent (50%) of any parameter must thereafter comply with the requirements of this section. City staff shall have the discretion to review minor modifications, fifteen percent (15%) of any particular parameter or less, without the need for site plan review. 15. Maximum gross floor area. Projects developed pursuant to these MUC1 Overlay regulations are limited to 50,000 square feet of gross floor area unless otherwise authorized pursuant to Section 31-144(g)(1)(b)(1). 16. Conflicts. The standards and criteria set forth in this Section shall govern in the event of conflicts with other zoning, subdivision, or landscape regulations of the City Code. (2) Aventura Center Subdistrict Overlay (MUC2). The purpose and intent of this subdistrict is to provide for higher density, intensity and mix of uses in a compact, walkable urban form, serving Page 8 of 22 City of Aventura Ordinance No. 2026 - as the primary activity center. Residential densities shall not exceed 62 units per gross acre ("Base MUC2 Density"). a. Uses permitted. The following uses shall be permitted in the MUC2 Overlay, either alone or as mixed uses: 1. Hotels; 2. Commercial/retail, including shopping mall and related uses; 3. Electric vehicle charging stations; 4. Offices; 5. Residential, including assisted living; 6. Bars, restaurants, other food/beverage establishments, and outdoor patios, cafes, and table service accessory or incidental to any such use; 7. Rental car facilities; 8. Parking lots and parking structures, including commercial parking lots and garages that charge fees for parking; 9. Governmental; 10. Convention halls and showrooms; 11. Schools; 12. Health care facilities, except hospitals; 13. Public parks and open spaces; 14. Entertainment uses, except adult entertainment; 15. Communications infrastructure; 16. Art galleries and museums; 17. Indoor and outdoor cultural and educational facilities; 18. Transit uses and infrastructure; and 19. Other similar uses, as approved by the by the City Manager or designee. b. Conditional use. The followina uses may be established if first approved as a conditional use 1. Any project or phase thereof proposing over 50,000 square feet of gross floor area development. 2. Any project proposed on parcels with areas less than 35,000 square feet 3. Any project with floor area ratio higher than 1.5, not to exceed a floor area ratio maximum of 3.5. 4. Uses that exceeds the height limitations up to a maximum of 30 stories for buildings that attain Gold or Platinum certification under the City's Green Building Program as provided in article VI of chapter 14 of the City Code. 5. Density up to 95 units per acre if the development meets at least two of the following, provided that the value of such criteria shall, in the aggregate, equal at least one percent (1 %) of the hard costs of the development: (a) provides or enhances a pedestrian or other connection to transit; (b) provides increased open space above the required minimums; (c) dedicates a park or preen space; Page 9 of 22 City of Aventura Ordinance No. 2026- (d) contributes to a City -approved art fund; (e) provides one or more art installations; (f) contributes to increased micromobility measures; or (g) provides Hero Housing within the proposed development, but only if determined as needed by the City Manager or designee. (h) funding to offset other impacts of development as procedurally determined For the purposes of this section, "hard costs" shall mean the direct construction costs of the development, but shall expressly exclude furniture, fixtures, and equipment, soft costs such as architectural, engineering, financing, legal, and permitting fees, and other non - construction related expenses. 6. Establishments that sell alcoholic beverages after 2:00 am. 7. Hospitals and Urgent Care 8. Floor areas that are less than the minimum floor areas reauired by the provisions of Subsection 31-144(g)(2)(c)4 hereof. 9. Transfers of Density Development Rights. 10. Transfers of Floor Area Ratio (FAR) Development Rights. c. Site development standards. 1. Properties within the MUC2 Overlay, including those not located directly adjacent or adjoining, may be combined to establish a common building site provided the property owner presents a unity of title or declaration in lieu of unity of title recordable in the public records of Miami -Dade County, Florida, and complying with the provisions of Aventura Code Section 31-78(k)(3). Such common building sites shall thereafter be treated as a singular property for purposes including, but not limited to, the ability to seek conditional use approval for increased FAR and density, and the ability to freely allocate said FAR and density within the boundaries of the common building site. 2. Floor area ratio (FAR) and density standards. The following FAR and density standards shall apply to properties within the MUC2 Overlay: (a) FAR Requirements. The floor area ratio for new development shall be a minimum FAR of 0.5, and a maximum FAR of 1.5 ("Base MUC2 FAR"). The permissible floor area shall be based on the gross development area. Base MUC2 FAR may be shared and shifted between phases and projects within the MUC2 overlay pursuant to Section 31-144(g)(2)(b)(10) so long as the MUC2 Overlay as a whole complies with the Base MUC2 FAR requirements herein. Additional FAR achieved through the conditional use approval process pursuant to Section 31-144(g)(2)(b)(3) to allow a project with a FAR up to 3.5 shall not be eligible for transfer to any property and shall not be counted towards the calculation of the districtwide Base MUC2 FAR limit of 1.5. The amount of FAR added to a receiving parcel through a FAR transfer shall be calculated based on the receiving parcel's lot area, rather than the lot area of the sending parcel. A sending parcel that has transferred FAR rights to another parcel, regardless of amount transferred, shall no longer be eligible to obtain Conditional Use FAR. The transfer of eligible Base MUC2 FAR pursuant to Section 31-144(g)(2)(b)(10) from a property in the MUC2 Overlay (sending property) to another property within the MUC2 Overlay (receiving property), whether in whole or in part, shall require the execution of a recorded declaration of restrictive covenant on each sending and receiving property evidencing such transfers of Base MUC2 FAR. The Declaration of Restrictive Covenants shall, at minimum: Page 10 of 22 City of Aventura Ordinance No. 2026- (i) identify the sending and receiving property(ies); (ii) specify the FAR being transferred; (iii) provide for the permanent encumbrance of the sending property(ies) to reflect the reduction in development rights; and (iv) assign the corresponding increase to the receiving property(ies). The restrictive covenants shall be made as a condition of approval of the conditional use pursuant to Section 31-144(g)(2)(b)(10). The restrictive covenants shall be recorded by the applicant in a form approved by the City Attorney and the City Manager or his or her designee at the property owner's expense in the public records of Miami -Dade County prior to issuance of any site plan, building permit, or development order relying on such transfer. Any transfer of FAR between any sending property and any receiving property shall be recorded in a City MUC2 FAR ledger documenting the deduction or addition of FAR from the receiving and sendina properties. as applicable. (b) Density Calculations. Density shall be calculated within the MUC2 Overlay based on the aross development area of the MUC2 Overlay. Base MUC2 Density may be shared and shifted between phases and projects within the MUC2 Overlay pursuant to Section 31-144(g)(2)(b)(9) so long as the MUC2 Overlay as a whole complies with the Base MUC2 Density requirements herein. Additional residential dwelling units achieved through the conditional use approval process pursuant to Section 31- 144(g)(2)(b)(5) for additional density limits of up to 95 dwelling units per acre are not eligible for transfer to any property and shall not be counted towards the calculation of the districtwide MUC2 Density limits of 62 units per acre. A property that has transferred Base Density, regardless of the amount, is no longer eligible for Conditional Use density. The transfer of eligible Base MUC2 Density pursuant to Section 31-144(g)(2)(b)(9) from a property in the MUC2 Overlay (sending property) to another property within the MUC2 Overlay (receiving property), whether in whole or in part, shall require the execution of a recorded declaration of restrictive covenant on each sending and receiving property evidencing such transfers of Base MUC2 Density. The Declaration of Restrictive Covenants shall. at minimum: (i) identify the sending and receiving property(ies); (ii) specify the density being transferred; (iii) provide for the permanent encumbrance of the sending property(ies) to reflect the reduction in development rights; and (iv) assign the corresponding increase to the receiving property(ies). The restrictive covenants shall be made as a condition of approval of the conditional use pursuant to Section 31-144(g)(2)(b)(9). The restrictive covenants shall be recorded by the applicant in a form approved by the City Attorney and the City Manager or his or her designee at the property owner's expense in the public records of Miami -Dade County prior to issuance of any site plan, building permit, or development order relying on such transfer. Any transfer of Base MUC2 Density between any sending property and any receiving property shall be recorded in a City MUC2 Density ledger documenting the deduction or addition of Base MUC2 Density from the receiving and sending properties, as applicable. Page 11 of 22 City of Aventura Ordinance No. 2026- 3. Maximum height: 25 stories, including structured parking. 4. 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- 1 44(g)(2)(b)(8): i. Efficiency or one -bedroom unit: 600 square 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 square feet. 5. Setbacks: a) No minimum setback from private streets at grade, interior/rear property lines, and park rights -of -way. b) Minimum 10 feet from public streets for all structures. c) There shall be no maximum or minimum limitation on the size of a floor plate. 6. Lot size and coverage. The minimum lot size required to develop pursuant to these regulations is 35,000 square feet, unless otherwise authorized pursuant to Section 31-144(g)(2)(b)(2), except for transit facilities or infrastructure which shall have no minimum lot size. Lot coverage shall not be limited other than by compliance with the open space requirements. 7. Architectural Expression: Building facades facing public and private street rights -of -way or public open space or both shall be a minimum twenty-five percent (25%) glazed. Glazing is not required for building facades that face transit -only rights -of -way or for above -grade parking garage structures that face public and private street rights -of -way or public open space. 8. Encroachments: (a) Buildings and structures above the ground floor may be built above colonnades but shall not extend into the public right-of-way unless approved by the City and by other agency with authority over the right-of-way. It is provided, however, that, to the extent permitted by State law and subject to the approval of the City or other agency with authority over the right-of- way, and for the transportation purpose of providing a connecting pedestrian or vehicular corridor, the street may be covered above the first floor with publicly -accessible structures connecting buildings, including: platforms fitted with trains and passenger waiting areas; roofs; upper story terraces, pedestrian bridges, and automobile bridges between parking garages. Adequate clearance for structures above streets shall be maintained. (b) Cantilevered balconies, awnings, weather protection elements and similar features with adequate vertical clearance may encroach into street rights -of -way but shall not extend closer than six (6) inches from the curb face. 9. Open Space: The minimum open space requirement shall be ten percent (10%) of the gross development area. At least 50% of the open space shall be accessible to the public and may include parks, plazas, water bodies including retention ponds, balconies, terraces, courtyards, arcades/colonnades, pedestrian paths, and open-air transit platform areas Page 12 of 22 City of Aventura Ordinance No. 2026 - improved for pedestrian comfort. Fifty percent (50%) of the total area of open spaces that are not accessible to the general public, such as rooftop preen spaces, may be counted toward the 10% requirement (comprising up to one-half of it). Open space may be shared and shifted between phases and projects within MUC2 so long as the MUC2 Overlay as a whole complies with the open space requirements herein. The City Manager shall set forth an administrative application and approval process to facilitate such sharing and shifting of open space within MUC2. 10. Parking: The table below indicates minimum parking for each type of use. Parking shall be calculated for the uses within the MUC2 on a project -by -project basis; required parking may be shared and shifted between phases and projects within the MUC1 and MUC2 subdistricts so long as the parcels sharing parking comply as a whole with the parking requirements herein. Use Minimum Parking Requirements General Retail/Personal Service, 1 spaces/1,000 SF Entertainment, Food/Beverage Establishments, Convention Halls and Showrooms Professional Office, Institutional 0.3 spaces/1,000 SF (except Convention Halls), Health Care Services Residential 0.5 space per unit Accommodation 0.2 spaces/room Transit systems, including 0.3 spaces/1,000 SF (excluding platform) Maintenance Facilities Other Uses 25% of the required parking indicated in Section 31-171 a. To minimize adverse visual effects of the structure(s). multi -story parkina aaraaes facin public and private streets, rights -of -way, and/or public open space shall require screening methods, including, without limitation: liner buildings; glazing; building wall extensions; vertical planted walls; berms; landscaping; architectural fenestration; sculpture; design features; and/or other innovative screening methods. b. Surface parkina lots frontina streets shall be located a minimum of 10 feet from the riaht-of- way and screened at the 10 -foot line. The setback shall incorporate a combination of hard - scare and landscape elements. c. Mechanized and tandem parking shall be allowed. For the purpose of this subdistrict, mechanized parking shall be defined as a mechanism with vertical and horizontal transport capability that provides for automobile storage and retrieval. Mechanized and tandem Page 13 of 22 City of Aventura Ordinance No. 2026 - parking spaces shall be counted toward the parking requirements of this section. Mechanized and tandem parking may be provided with a County standard queuing analysis is submitted and approved during the ASPA process. 11. Landscaping: Landscaping shall conform to the City's landscape standards set forth in Section 31-221, as applicable to non-residential development, with the following exceptions: 1. A minimum of 20 trees per net acre of open space shall be provided. Trees may be placed in the lot, or in greens, squares, rooftops, plazas and street medians within the MUC. Lot trees shall have a minimum 2 -inch diameter at breast height. 2. Street trees shall be planted at a maximum of 30 feet average on center, with a minimum 3 -inch diameter at breast height. Street trees shall be placed inside landscaped strips, tree planters, and in medians in the right-of-way or on private property where demonstrated to be necessary due to right-of-way obstructions, as determined by the Community Development Department or other agency with jurisdiction. 12. Alcoholic Beverages: The restrictions on premises used for the sale of alcoholic beverages set forth in Chapter 4 of this Code regarding hours and days of sale, distance from other premises used for the sale of alcoholic beverages, and distance from schools or religious facilities shall not apply. 13. Platting. Separate parcels located within the MUC Overlay and made subject to a unity of title or covenant in lieu of unity of title shall, consistent with Section 31-78 (k)(3), not be deemed a subdivision and shall be exempt from platting requirements. Parcels including transit facilities or infrastructure shall be exempt from platting requirements. 14. Existing Buildings, Structures, and Uses. All existing buildings, structures, and uses for which building permits, certificates of use, and/or development orders have issued prior to the effective date of this Section may be continued. Legally existing structures may be altered, improved, or expanded by up to fifty percent (50%) of the approved structure in accordance with the approved plans and specifications therefor. Any modifications thereto may be implemented as may be approved by the applicable permit -granting authority from time to time. Alterations, improvements, or expansions of greater than fifty percent (50%) of any parameter must thereafter comply with the requirements of this section. City staff shall have the discretion to review minor modifications, fifteen percent (15%) of any particular parameter or less, without the need for site plan review. 15. Maximum gross floor area. Projects developed pursuant to these MUC2 Overlay regulations are limited to 50,000 square feet of gross floor area unless otherwise authorized pursuant to Section 31-144(g)(2)(b)(1). 16. Conflicts. The standards, and criteria set forth in this Section shall govern in the event of conflicts with other zoning, subdivision, or landscape regulations of the City Code. (3) Aventura Edge Subdistrict Overlay (MUC3). The purpose and intent of this subdistrict is to provide for higher density, intensity and mix of uses in a compact, walkable urban form, serving as the primary activity center. Residential densities shall not exceed 62 units per gross acre ("Base MUC3 Density"). a. Uses permitted. The following uses shall be permitted in the MUC3 Overlay, either alone or as mixed uses: 1. Hotels; 2. Commercial/retail, including shopping mall and related uses; Page 14 of 22 City of Aventura Ordinance No. 2026- 3. Electric vehicle charging stations; 4. Offices; 5. Residential, including assisted living; 6. Bars, restaurants, other food/beverage establishments, and outdoor patios, cafes, and table service accessory or incidental to any such use; 7. Rental car facilities; 8. Parking lots and parking structures, including commercial parking lots and garages that charge fees for parking; 9. Governmental; 10. Convention halls and showrooms; 11. Schools; 12. Health care facilities, except hospitals; 13. Public parks and open spaces; 14. Entertainment uses, except adult entertainment; 15. Communications infrastructure; 16. Art galleries and museums; 17. Indoor and outdoor cultural and educational facilities; 18. Transit uses and infrastructure; and 19. Other similar uses, as approved by the by the City Manager or designee. b. Conditional use. The following uses may be established if first approved as a conditional use: 1. Any project or phase thereof proposing over 50,000 square feet of gross floor area development. 2. Any project proposed on parcels with areas less than 35,000 square feet 3. Any project with floor area ratio higher than 1.5, not to exceed a floor area ratio maximum of 3.0. 4. Uses that exceeds the height limitations up to a maximum of 25 stories for buildings that attain Gold or Platinum certification under the City's Green Building Program as provided in article VI of chapter 14 of the City Code. 5. Density up to 90 units per acre if the development meets at least two of the following, provided that the value of such criteria shall, in the aggregate, equal at least one percent (1 %) of the hard costs of the development: (a) provides or enhances a pedestrian or other connection to transit; (b) provides increased open space above the required minimums; (c) dedicates a park or preen space; (d) contributes to a City -approved art fund; (e) provides one or more art installations; (f) contributes to increased micromobility measures; or (g) provides Hero Housing within the proposed development, but only if determined as needed by the City Manager or designee. (h) funding to offset other impacts of development as procedurally determined Page 15 of 22 City of Aventura Ordinance No. 2026 - For the purposes of this section, "hard costs" shall mean the direct construction costs of the development, but shall expressly exclude furniture, fixtures, and equipment, soft costs such as architectural, engineering, financing, legal, and permitting fees, and other non - construction related expenses. 6. Establishments that sell alcoholic beverages after 2:00 am. 7. Hospitals and Urgent Care 8. Floor areas that are less than the minimum floor areas reauired by the provisions of Subsection 31-144(g)(3)(c)4 hereof. 9. Transfers of Density Development Rights. 10. Transfers of Floor Area Ratio (FAR) Development Rights. c. Site development standards. 1. Properties within the MUC3 Overlay, including those not located directly adjacent or adjoining, may be combined to establish a common building site provided the property owner presents a unity of title or declaration in lieu of unity of title recordable in the public records of Miami -Dade County, Florida, and complying with the provisions of Aventura Code Section 31-78(k)(3). Such common building sites shall thereafter be treated as a singular property for purposes including, but not limited to, the ability to seek conditional use approval for increased FAR and density, and the ability to freely allocate said FAR and density within the boundaries of the common building site. 2. Floor area ratio (FAR) and density standards. The following FAR and density standards shall apply to properties within the MUC3 Overlay: (a) FAR Requirements. The floor area ratio for new development shall be a minimum FAR of 0.5, and a maximum FAR of 1.5 ("Base MUC3 FAR"). The permissible floor area shall be based on the gross development area. Base MUC3 FAR may be shared and shifted between phases and projects within the MUC3 overlay pursuant to Section 31-144(g)(3)(b)(10) so long as the MUC3 Overlay as a whole complies with the Base MUC3 FAR requirements herein. Additional FAR achieved through the conditional use approval process pursuant to Section 31-144(g)(3)(b)(3) to allow a project with a FAR up to 3.0 shall not be eligible for transfer to any property and shall not be counted towards the calculation of the districtwide Base MUC3 FAR limit of 1.5. The amount of FAR added to a receiving parcel through a FAR transfer shall be calculated based on the receiving parcel's lot area, rather than the lot area of the sending parcel. A sending parcel that has transferred FAR rights to another parcel, regardless of amount transferred, shall no longer be eligible to obtain Conditional Use FAR. The transfer of eligible Base MUC3 FAR pursuant to Section 31-144(g)(3)(b)(10) from a property in the MUC3 Overlay (sending property) to another property within the MUC3 Overlay (receiving property), whether in whole or in part, shall require the execution of a recorded declaration of restrictive covenant on each sending and receiving property evidencing such transfers of Base MUC3 FAR. The Declaration of Restrictive Covenants shall, at minimum: (i) identify the sending and receiving property(ies); (ii) specify the FAR being transferred; (iii) provide for the permanent encumbrance of the sending property(ies) to reflect the reduction in development rights; and Page 16 of 22 City of Aventura Ordinance No. 2026 - iv) assian the corresDondina increase to the receivina Dropertv(ies The restrictive covenants shall be made as a condition of approval of the conditional use pursuant to Section 31-144(g)(3)(b)(10). The restrictive covenants shall be recorded by the applicant in a form approved by the City Attorney and the City Manager or his or her designee at the property owner's expense in the public records of Miami -Dade County prior to issuance of any site plan, building permit, or development order relying on such transfer. Any transfer of FAR between any sending property and any receiving property shall be recorded in a City MUC3 FAR ledger documenting the deduction or addition of FAR from the receiving and sendina properties. as applicable. (b) Density Calculations. Density shall be calculated within the MUC3 Overlay based on the gross development area of the MUC3 Overlay. Base MUC3 Density may be shared and shifted between phases and projects within the MUC3 Overlay pursuant to Section 31-144(g)(3)(b)(9) so long as the MUC3 Overlay as a whole complies with the Base MUC3 Density requirements herein. Additional residential dwelling units achieved through the conditional use approval process pursuant to Section 31- 144(g)(3)(b)(5) for additional density limits of up to 90 dwelling units per acre are not eligible for transfer to any property and shall not be counted towards the calculation of the districtwide MUC3 Density limits of 62 units per acre. A property that has transferred Base Density, regardless of the amount, is no longer eligible for Conditional Use density. The transfer of eligible Base MUC3 Density pursuant to Section 31-144(g)(3)(b)(9) from a property in the MUC3 Overlay (sending property) to another property within the MUC3 Overlay (receiving property), whether in whole or in part, shall require the execution of a recorded declaration of restrictive covenant on each sending and receiving property evidencing such transfers of Base MUC3 Density. The Declaration of Restrictive Covenants shall. at minimum: (i) identify the sending and receiving property(ies); (ii) specify the density being transferred; (iii) provide for the permanent encumbrance of the sending property(ies) to reflect the reduction in development rights; and (iv) assign the corresponding increase to the receiving property(ies). The restrictive covenants shall be made as a condition of approval of the conditional use pursuant to Section 31-144(g)(3)(b)(9). The restrictive covenants shall be recorded by the applicant in a form approved by the City Attorney and the City Manager or his or her designee at the property owner's expense in the public records of Miami -Dade County prior to issuance of any site plan, building permit, or development order relying on such transfer. Any transfer of Base MUC3 Density between any sending property and any receiving property shall be recorded in a City MUC3 Density ledger documenting the deduction or addition of Base MUC3 Density from the receiving and sending properties, as applicable. 3. Maximum height: 20 stories, including structured parking. 4. 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- 1 44(g)(3)(b)(8): Page 17 of 22 City of Aventura Ordinance No. 2026- i. Efficiency or one -bedroom unit: 600 square feet. ii. Two -bedroom unit: 800 sauare feet. iii. Three -bedroom: 1,000 square feet. For each additional bedroom in excess of three. add 150 sauare feet. 5. Setbacks: a) No minimum setback from private streets at grade, interior/rear property lines, and park rights -of -way. Minimum 10 feet from public streets for all structures. c) There shall be no maximum or minimum limitation on the size of a floor plate. 6. Lot size and coverage. The minimum lot size required to develop pursuant to these regulations is 35,000 square feet, unless otherwise authorized pursuant to Section 31-144(g)(3)(b)(2), except for transit facilities or infrastructure which shall have no minimum lot size. Lot coveraae shall not be limited other than by compliance with the open space requirements. 7. Architectural Expression: Building facades facing public and private street rights -of -way or public open space or both shall be a minimum twenty-five percent (25%) glazed. Glazing is not required for building facades that face transit -only rights -of -way or for above -grade parking garage structures that face public and private street rights -of -way or public open space. 8. Encroachments: 1. Buildinas and structures above the around floor may be built above colonnades but shall not extend into the public right-of-way unless approved by the City and by other agency with authority over the right-of-way. It is provided, however, that, to the extent permitted by State law and subject to the approval of the City or other agency with authority over the right-of-way, and for the transportation purpose of providing a connecting pedestrian or vehicular corridor, the street may be covered above the first floor with publicly -accessible structures connecting buildings, including: platforms fitted with trains and passenger waiting areas; roofs; upper story terraces, pedestrian bridges, and automobile bridges between parking garages. Adequate clearance for structures above streets shall be maintained. 2. Cantilevered balconies. awninas. weather protection elements and similar features with adequate vertical clearance may encroach into street rights -of -way but shall not extend closer than six (6) inches from the curb face. 9. Open Space: The minimum open space requirement shall be ten percent (10%) of the gross development area. At least 50% of the open space shall be accessible to the public and may include parks, plazas, water bodies including retention ponds, balconies, terraces, courtyards, arcades/colonnades, pedestrian paths, and open-air transit platform areas improved for pedestrian comfort. Fifty percent (50%) of the total area of open spaces that are not accessible to the general public, such as rooftop preen spaces, may be counted toward the 10% requirement (comprising up to one-half of it). Open space may be shared and shifted between phases and projects within MUC3 so long as the MUC3 Overlay as a whole complies with the open space requirements herein. The City Manager shall set forth an Page 18 of 22 City of Aventura Ordinance No. 2026 - administrative application and approval process to facilitate such sharing and shifting of open space within MUC3. 10. Parking: The table below indicates minimum parking for each type of use. Parking shall be calculated for the uses within the MUC3 on a project -by -project basis; required parking may be shared and shifted between phases and projects within the MUC3 subdistrict so long as the parcels sharing parking comply as a whole with the parking requirements herein. Use Minimum Parking Requirements General Retail/Personal Service, 1 spaces/1,000 SF Entertainment, Food/Beverage Establishments, Convention Halls and Showrooms Professional Office, Institutional 0.3 spaces/1,000 SF (except Convention Halls), Health Care Services Residential 0.5 space per unit Accommodation 0.2 spaces/room Transit systems, including 0.3 spaces/1,000 SF (excluding platform) Maintenance Facilities Other Uses 25% of the required parking indicated in Section 31-171 a. To minimize adverse visual effects of the structure(s). multi -story parkina aaraaes facing public and private streets, rights -of -way, and/or public open space shall require screening methods, including, without limitation: liner buildings; glazing; building wall extensions; vertical planted walls; berms; landscaping; architectural fenestration; sculpture; design features; and/or other innovative screening methods. b. Surface parking lots fronting streets shall be located a minimum of 10 feet from the right-of-way and screened at the 10 -foot line. The setback shall incorporate a combination of hard-scape and landscape elements. c. Mechanized and tandem parkina shall be allowed. For the purpose of this subdistrict, mechanized parking shall be defined as a mechanism with vertical and horizontal transport capability that provides for automobile storage and retrieval. Mechanized and tandem parking spaces shall be counted toward the parking requirements of this section. Mechanized and tandem parking may be provided with a County standard aueuina analysis is submitted and approved durina the ASPA process. Page 19 of 22 City of Aventura Ordinance No. 2026- 11. Landscaping: Landscaping shall conform to the City's landscape standards set forth in Section 31-221, as applicable to non-residential development, with the following exceptions: 1. A minimum of 20 trees per net acre of open space shall be provided. Trees may be placed in the lot, or in greens, squares, rooftops, plazas and street medians within the MUC. Lot trees shall have a minimum 2 -inch diameter at breast heiaht. 2. Street trees shall be planted at a maximum of 30 feet average on center, with a minimum 3 -inch diameter at breast height. Street trees shall be placed inside landscaped strips, tree planters, and in medians in the right-of-way or on private property where demonstrated to be necessary due to right-of-way obstructions, as determined by the Community Development Department or other agency with jurisdiction. 12. Alcoholic Beverages: The restrictions on premises used for the sale of alcoholic beverages set forth in Chapter 4 of this Code regarding hours and days of sale, distance from other premises used for the sale of alcoholic beverages, and distance from schools or religious facilities shall not apply. 13. Platting. Separate parcels located within the MUC Overlay and made subject to a unity of title or covenant in lieu of unity of title shall, consistent with Section 31-78 (k)(3), not be deemed a subdivision and shall be exempt from platting requirements. Parcels including transit facilities or infrastructure shall be exempt from platting requirements. 14. Existing Buildings, Structures, and Uses. All existing buildings, structures, and uses for which building permits, certificates of use, and/or development orders have issued prior to the effective date of this Section may be continued. Legally existing structures may be altered, improved, or expanded by up to fifty percent (50%) of the approved structure in accordance with the approved plans and specifications therefor. Any modifications thereto may be implemented as may be approved by the applicable permit -granting authority from time to time. Alterations, improvements, or expansions of greater than fifty percent (50%) of any parameter must thereafter comply with the requirements of this section. City staff shall have the discretion to review minor modifications, fifteen percent (15%) of any particular parameter or less, without the need for site plan review. 15. Maximum gross floor area. Projects developed pursuant to these MUC3 Overlay regulations are limited to 50,000 square feet of gross floor area unless otherwise authorized pursuant to Section 31-144(g)(3)(b)(1). 16. Conflicts. The standards, and criteria set forth in this Section shall govern in the event of conflicts with other zoning, subdivision, or landscape regulations of the City Code. 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 Page 20 of 22 City of Aventura Ordinance No. 2026 - part of the Code of the City of Aventura; that the sections of this Ordinance may be renumbered or re -lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Effective Date. That this Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner , who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Gustavo Blachman Commissioner Amit Bloom Commissioner Rachel Friedland Commissioner Paul A. Kruss Commissioner Cindy Orlinsky Vice Mayor Clifford B. Ain Mayor Howard S. Weinberg The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Gustavo Blachman Commissioner Amit Bloom Commissioner Rachel Friedland Commissioner Paul A. Kruss Commissioner Cindy Orlinsky Vice Mayor Clifford B. Ain Mayor Howard S. Weinberg Page 21 of 22 City of Aventura Ordinance No. 2026 - PASSED on first reading this 7th day of July, 2026. PASSED AND ADOPTED on second reading this 23rd day of July, 2026. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ROBERT MEYERS CITY ATTORNEY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. Page 22 of 22 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Bryan Pegues, City Manager BY: Keven Klopp, Community Development Director DATE: July 2, 2026 SUBJECT: Variance Approval of Sign Graphics Criteria Proposed by Aventura City Center. City File No. SV2604-0001 July 7, 2026 Local Planning Agency Meeting Agenda July 7, 2026 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission approve variances for the sign graphics criteria proposed by Aventura City Center per Section 31-191(m)(7) of the City of Aventura Land Development Regulations (LDRs). THE REQUEST The Applicant, Edward Abbo, on behalf of Aventura 2999, LLC, is requesting approval of a uniform sign plan for Aventura City Center, located at 2999 NE 191 Street. To accommodate this uniform sign plan on the proposed mixed -use development, three (3) variances are requested from Section 31-191 of the Land Development Regulations (LDRs): 1. The first request seeks relief from Section 31-191(j)(2) to permit building identification signs on level 22 of the north elevation and level 8 of the south elevation of a residential tower. City code restricts this type of high-level signage to office or hotel buildings up to 20 stories. 2. The second request seeks a variance from Section 31-191 (j)(2) to allow wall signs on building elevations that directly face an adjacent, residentially zoned property located within 300 feet. City code prohibits wall signs on elevations facing residential zones within this buffer distance. 3. The third request seeks a variance from Section 31-191(j)(2)a to authorize business identification wall signs on level 8 of the residential tower and level 6 of the hotel. Current regulations restrict retail tenant signage exclusively to the ground or second floor of the establishment. BACKGROUND OWNER OF PROPERTY APPLICANT ADDRESS OF PROPERTY LEGAL DESCRIPTION ZONING FUTURE LAND USE ANALYSIS Section 31-191 (m)(7) provides that: Aventura 2999 LLC Edward Abbo 2999 NE 191 Street City of Aventura (See Exhibit #1 for Location Map) Folios: 28-1235-014-0091; 28-2203-021-0020 (See Exhibit "A" for Legal Description). TC1 — Town Center District Town Center Variances. Anyone seeking a variance of the provisions of this section shall file such application with the City Manager. An application for variance shall be made pursuant to the City's procedure for requesting a zoning variance and shall be scheduled for a hearing by the City Commission who shall grant or deny such variance using the following criteria. Section 31-191 (m)(8) provides the criteria for review: Criteria. A variance may be granted upon a showing by the applicant that the sign variance maintains the basic intent and purpose of these regulations, particularly as it affects the stability and appearance of the City and provided that the variance will be otherwise compatible with the surrounding land uses and would not be detrimental to the community. No showing of unnecessary hardship to the land is required. Aventura City Center is a mixed -use development consisting of a residential tower and an Elements by Marriott hotel, both featuring ground -floor retail. Given this diverse mix of uses and the property's unique location, bounded by the William Lehman Causeway to the north and townhome residential properties to the south, interpreting the City's sign regulations presents a distinct challenge. The proposed uniform sign plan is the result of a collaborative process between the Community Development Department and Aventura City Center design and development team with the goal of establishing a rationale that is based on an analysis of the buildings and site conditions. Building A - Residential Location Proposed Sign Area (sq. ft.) South Elevation Building Identification Sign Level 8 "Aventura City Center" 148 South Elevation Ground Floor Three (3) wall signs 62; 49 & 67 North Elevation Building identification Sign Level 22 "Aventura City Center" 148 North Elevation Level 8 Two (2) wall signs 137 & 109 Buildina B - Hotel Location Proposed Sign Areas . ft.) South Elevation Building Identification Sign Level 6 "Element by Marriott" 152 South Elevation Ground Floor Three (3) wall signs 60; 41; & 43 North Elevation Building Identification Sign Level 12 "Element by Marriott" 152 North Elevation Level 6 Two (2) wall signs 92 & 140 RECOMMENDATION Staff recommends approval of variances to accommodate the proposed signage criteria exclusively to Aventura City Center in the current configuration shown on the elevations and renderings attached to this report as Exhibit "B". Any redevelopment or reconfiguration of the development will invalidate this signage criteria approval. CITY OF AVENTURA RESOLUTION NO. 2026-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING A SIGN GRAPHICS VARIANCE UNDER SECTION 31-191(M)(7) FOR THE AVENTURA CITY CENTER MIXED -USE DEVELOPMENT LOCATED AT 2999 NE 191 ST; PROVIDING FOR IMPLEMENTATION AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Applicant, Edward Abbo, on behalf of Aventura 2999 LLC, through Application No. SV2604-0001, is requesting approval of sign graphics criteria for the Aventura City Center mixed use development located at 2999 NE 191 Street; and WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and WHEREAS, the City Commission finds that the Application for sign variances to accommodate the proposed signage meets the criteria of the applicable codes and ordinances, to the extent the Application is granted herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application No. SV2604-0001 for approval of sign graphics criteria for the mixed use development known as Aventura City Center located at 2999 NE 191 Street and legally described in Exhibit "A" is hereby granted, exclusively to the Applicant, subject to the following conditions: 1. All signage submitted to the City for permitting shall comply with the approved "Aventura City Center — Signage Presentation"; attached as Exhibit "B", and the guidelines approved under this report. 2. This approval is granted exclusively to Aventura 2999 LLC in the current configuration shown on the elevations and renders attached as Exhibit "B". Any redevelopment or reconfiguration of the development will invalidate this approval. Section 2. The City Manager is authorized to issue permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: City of Aventura Resolution No. 2026 - Commissioner Gustavo Blachman Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Paul A. Kruss Commissioner Cindy Orlinsky Vice Mayor Clifford B. Ain Mayor Howard S. Weinberg PASSED AND ADOPTED this 7th day of July, 2026. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ROBERT MEYERS CITY ATTORNEY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. Page 2 of 2 EXHIBIT A LEGAL DESCRIPTION PARCEL 1: A PORTION OF TRACT II OF FIFTH ADDITION BISCAYNE YACHT AND COUNTRY CLUB, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 99, AT PAGE 20, OF THE PUBLIC RECORDS OF MIAM I - DADE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH WEST CORNER OF SAID TRACT II: THENCE N87"32'00"E ALONG THE NORTH LINE OF SAID TRACT II FOR 334.64 FEET TO A POINT OF CURVE; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO TH E LEFT HAVING A RADIUS OF 5829.58 FEET AND A CENTRAL ANGLE OF 00 " 42' 04" FOR AN ARC DISTANCE OF 71.33 FEET TO A POINT ON THE ARC OF A CURVE TO THE NORTHEAST SAID POINT BEARS S0950'42W FROM THE CENTER OF SAID CURVE; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVIN G A RADIUS OF 1290.92 FEET AND A CENTRAL ANGLE OF 09 " 0859" FOR AN ARC DISTANCE OF 206. 15 FEET: THENCE N83"59'09" FOR 158.32 FEET TO A POINT; THENCE S022724" FOR 157.27 FEET TO A POINT; THENCE N87"32'36"E FOR 125.00 FEET TO A POINT: THENCE S02" 2724" FOR 56.00 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT II; THENCE S873236W ALONG THE SOUTH LINE OF SAID TRACT II FOR 22 0.73 FEET; THENCE S873236W ALONG THE SOUTH LINE OF SAID TRA CT II FOR 670.25 FEET TO THE SOUTHWEST CORNER OF SAID TRACT II; THENCE N02"58'20"W ALONG THE WEST LINE OF SAID TRACT II FOR 229.93 FEET TO THE POINT OF BEGINNING; LESS THE SOUTH 35 FEET OF THE WEST 70 FEET OF SAID TRACT II CONVEYED TO MIAMI-DADE COUNTY FOR HIGHWAY RIGHT-OF-WAY, TOGETHER WITH THE BENEFIT OF THE FOLLOWING: EASEMENT FOR THE INSTALLATION, OPERATION, MAINTENANCE, REPAIR AND/OR REPLACEMENT OF (A) SUB- SURFACE PIPES, LINES AND CONDUITS TO PROVIDE REASONABLE QUANTITIES OF WATER, ELECTRICITY, GAS, TELEPHONE SERV ICE, STORM WATER, DRAINAGE, SEWERAGE AND SANITATION FACILITIES, AND (B) A SURFACE STORM DRAINAGE TO CARRY AWAY STORM DRAINAGE CREATED BY THAT CERTAIN NON- EXCLUSIVE MUTUAL GRANT OF EASEMENT AND SANITARY LIFT STATION AGREEMENT FILED DECEMBER 24, 1984 AT OFFICIAL RECORDS BOOK 12363, PAGE 1680, AS EXTEN DED AND MODIFIED BY THAT CERTAIN NON- EXCLUSIVE GRANT OF EASEMENT AND SANITARY LIFT STATION AGREEMENT FILED FEBRUARY 28, 1986 IN OFFICIAL RECORDS BOOK 12805, PAGE 2214, SUBJECT TO THE TERMS AND PROVISIONS THEREOF. PARCEL 2: A PARCEL OF LAND IN SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, MIAMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE RIGHT-OF-WAY OF STATE ROAD 852 AS RECORDED IN OFFICIAL RECORDS BOOK 7001, AT PAGE 72 1, OF THE PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA; THENCE N87"32'00" E, 115.00 FEET TO THE POINT OF BEGINNING; THENCE N02 " 2800" W, 10 1.51 FEET TO AN INTERSECTION WITH A NON- TANGENTI AL CURVE, CONCAVE TO THE NORTHEAST, HAVING A TANGENT BEARING OF $66"27't6" E AND A RADIUS OF 1290.92 FEET; THENCE SOUTHEASTERLY FOR 308.64 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1341'55" TO AN INTERSECTION WITH A NON -TANGENTIAL CURVE, CONCAVE TO THE NORTH, HAVING A TANGENT BEARING OF S86" 50'00" WAND A RADIUS OF 5829.58 FEET; THENCE WESTERLY FOR 71.21 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00 " 42' 00"; THENCE S87"32'00" W, 219.64 FEETTO THE POINT OF BEGINNING I! 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