2005-15
ORDINANCE NO. 2005-15
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING
SECTION 31.21 "DEFINITIONS" OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO INCLUDE A DEFINITION OF
"GROSS LEASABLE AREA"; AMENDING SECTION 31-144(C)
"COMMUNITY BUSINESS (B2) DISTRICT" OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO AMEND THE REGULATIONS
REGARDING MINIMUM LANDSCAPED OPEN SPACE FOR SHOPPING
CENTERS CONSISTING OF MORE THAN 1,000,000 SQUARE FEET
DUE TO THE UNIQUE CHARACTERISTICS OF THESE CENTERS;
AMENDING SECTION 31-171 "OFF-STREET PARKING AND LOADING
STANDARDS" OF THE CITY'S LAND DEVELOPMENT REGULATIONS
TO AMEND THE REGULATIONS FOR PARKING REQUIREMENTS
FOR SHOPPING CENTERS CONSISTING OF MORE THAN 1,000,000
SQUARE FEET OF GROSS LEASABLE AREA DUE TO THE UNIQUE
AND SPECIAL DEMANDS OF THESE LARGER CENTERS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the applicant, Turnberry Associates, through and by Application No.
02-LDR-05 has requested certain amendments to the City's Land Development
Regulations for shopping centers of over 1,000,000 square feet due to their unique and
special demands apart from other smaller scale shopping centers, particularly with
regard to parking and landscaped open space requirements; and
WHEREAS, the City Commission has been designated as the Local Planning
Agency for the City pursuant to Section 163.3174 of the Florida Statutes; and
WHEREAS, the Local Planning Agency has reviewed the proposed amendments
pursuant to the required public hearing and has recommended approval to the City
Commission; and
WHEREAS, the City Commission has held the required public hearings, duly
noticed in accordance with law; 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, THAT:
Section 1. Recitals Adopted. That the above stated recitals are hereby
adopted and confirmed.
Ordinance No. 2005-15
Page 2
Section 2. Code Amended. That Section 31-21 "Definitions" of Article II
"Definitions and Rules of Construction", Section 31-144 "Business Zoning Districts" of
Article VII "Use Regulations" and Section 31-171 "Off-Street Parking and Loading
Standards" of Article VIII "Off-Street Parking, Loading and Driveway Standards" of
Chapter 31, "Land Development Regulations" of the City Code are hereby amended to
read, as follows 1 :
Section 31-21. Definitions.
* * *
Gross Leasable Area shall mean the total floor area within a retail or office orooertv that
is available for lease to tenants. uoon which tenants oav rent and that is desiqned for
the tenant's occuoancv and exclusive use. Gross leasable area does not include oublic
or common areas. such as corridors. sidewalks. stairwells. elevators. mechanical and
service areas.
* * *
Section 31-144 Business Zoning Districts
* * *
(c) Community Business (B2) District. This district is intended primarily to provide for
general commercial activity for a wide range of goods and services to the entire
community and sub region. Such businesses generally require locations convenient for
both vehicular and pedestrian traffic and would be expected to have orientation toward
and direct access to arterial roadways.
* * *
(5) Site development standards.
a. Floor area ratio and lot coverage and minimum landscaped open space
requirements: For purposes of this paragraph a., structure parking shall not count as
part of the floor area, but may be counted towards calculation of the floor area ratio.
1. For all buildings: Any structure parking serving the primary use on the site shall be
incorporated into the building envelope and shall be compatibly designed. Such parking
structure shall comply with all minimum setback and buffer yard requirements.
2. For those buildings not exceoted in Section 31-144(cl(5la.5 with zero--33 percent
of the required parking located within a parking structure: The floor area ratio shall be
0.40 at one story and shall be increased by 0.11 for each additional story. The total lot
coverage permitted for all buildings on the site shall not exceed 40 percent of the total
lot area. The total minimum landscaped open space required shall be 33 percent of the
total lot area. However, if structure parking level(s) is/are counted towards calculation of
the floor area ratio then the total lot coverage permitted for all buildings on the site shall
not exceed 38 percent of the total lot area. Additionally, the total minimum landscaped
1 Underlined provisions constitute proposed additions to existing City Code text; striskeR IRre~ilR
provisions indicate proposed deletions from existing City Code text.
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Ordinance No. 2005-15
Page 3
open space required shall be 35 percent of the total lot area.
3. For those buildings not excepted in Section 31-144(c){5}a.5 with 33 percent--66
percent of the required parking located within a parking structure: The floor area ratio
shall be 0.40 at one story and shall be increased by 0.11 for each additional story. The
total lot coverage permitted for all buildings on the site shall not exceed 40 percent of
the total lot area. The total minimum landscaped open space required shall be 36
percent of the total lot area. However, if structure parking level(s) is/are counted
towards calculation of the floor area ratio then the total lot coverage permitted for all
buildings on the site shall not exceed 35 percent of the total lot area. Additionally, the
total minimum landscaped open space required shall be 37 percent of the total lot area.
4. For those buildings not excepted in Section 31-144(c)(5)a.5 with 66 percent--100
percent of the required parking located within a parking structure: The floor area ratio
shall be 0.40 at one story and shall be increased by 0.11 for each additional story. The
total lot coverage permitted for all buildings on the site shall not exceed 45 percent of
the total lot area. The total minimum landscaped open space required shall be 39
percent of the total lot area. However, if structure parking level(s) is/are counted
towards calculation of the floor area ratio then the total lot coverage permitted for all
buildings on the site shall not exceed 35 percent of the total lot area. Additionally, the
total minimum landscaped open space required shall be 40 percent of the total lot area.
5. For shoppinQ center buildinQs with over 1.000.000 SQuare feet of Qross leasable
area that provide public amenities includinQ. but not limited to. public plazas. fountains
or other water features. seatinQ areas and recreational walkinQ areas and that do not
exceed 5 stories in heiQht. the minimum landscaped open space shall be fifteen (15%)
percent of the total lot area. Said open space shall be extensivelv landscaped with
Qrass. trees and shrubbery in accordance with a landscape plan to be approved bv the
Citv ManaQer. The non-leasable areas within enclosed or non-enclosed malls which are
landscaoed with Qrass. trees and/or shrubbery. water areas therein. and areas therein
with permanent art disolav areas mav be used as part of the reQuired landscaDed ODen
soace orovided such areas do not exceed ten (10) percent of the reQuired landscaoed
ooen soace.
* * *
Section 31-171. Off-Street Parking and Loading Standards.
* * *
(b) Amount of off-street parking. The minimum number of parking spaces to be
provided and maintained for each use or occupancy shall be as follows:
* * *
(12) Non-residential: Large Shopping Centers and/or Mixed-Use Developments.
a. Shopping centers over 40,000 square feet in gross floor area may use the
following generalized parking values:
Ordinance No. 2005-15
Page 4
1. One parking space for each 225 square feet of gross fIeeF leasable area in
shopping centers with less tl:1aA 200,000 more than 40,000 and less than 1,000,000
square feet of gross leasable area.
2. One parking space for each 200 250 square feet of gross fIeeF leasable area in
shopping centers with 299,009 1,000,000 square feet or more of gross leasable area.
. . .
Section 3. Severabilitv. 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 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. It is the intention of the City Commission,
and it is hereby ordained that the provisions of this Ordinance shall become and be
made a part of the Code of the City of Aventura; that the sections of this Ordinance
may be renumbered or re-Iettered to accomplish such intentions, and that the word
"Ordinance" shall be changed to "Section" or other appropriate word.
Section 5. Effective Date. This ordinance shall be effective immediately upon
adoption on second reading.
Ordinance No. 2005-15
Page 5
The foregoing Ordinance was offered by Commissioner Holzberg, who moved its
adoption at first reading. This motion was seconded by Vice Mayor Joel and upon
being put to a vote was as follows:
Commissioner Zev Auerbach yes
Commissioner Bob Diamond yes
Commissioner Billy Joel yes
Commissioner Harry Holzberg yes
Commissioner Michael Stern yes
Commissioner Luz Urbaez Weinberg yes
Mayor Susan Gottlieb yes
The foregoing Ordinance was offered by Commissioner Stern, who moved
its adoption at second reading. This motion was seconded by Vice Mayor Joel and
upon being put to a vote was as follows:
Commissioner Zev Auerbach yes
Commissioner Bob Diamond yes
Commissioner Billy Joel yes
Commissioner Harry Holzberg yes
Commissioner Michael Stern yes
Commissioner Luz Urbaez Weinberg yes
Mayor Susan Gottlieb yes
PASSED on first reading this 11 th day of October, 2005.
T -
Ordinance No. 2005- ...!.L
Page 6
PASSED AND ADOPTED on second reading this 1st day of November, 2005.
~~G~~R
ATTEST:
APPROVED AS TO LEGAL SUFFICIENCY:
f~
CITY ATTORNEY
This Ordinance was filed
J.~, 2005.
in the Office of the City Clerk this ;..:.4. day of