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11-06-2001A ntC d ura Jeffrey M. Perlow, Mayor Arthur Berger ]ay R, Beskin Ken Cohen Manny Grossman Harry Holzberg Patricia Rogers-Libert Cl_tr MJ.J?r Eric M. Soroka Teresa M. Soroka, CMC Weiss Serota Helfman Pastorlza & Guedes LOCAL PLANNING AGENCY AGENDA NOVEMBER 6, 2001 - 6 PM 2. 3. 4. 19200 West Country Club Drive Aventura, Florida 33180 CALL TO ORDERLROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES: October 2, 2001 LPA Hearing PUBLIC HEARING: MOTION RECOMMENDING ADOPTION OF THE FOLLOWING ORDINANCES: Ac, AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN OF THE CITY OF AVENTURA BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR FOUR (4) PARCELS LOCATED AT 3000, 3020, 3131 AND 3161 NE 188 STREET FROM INDUSTRIAL AND OFFICE TO MEDIUM HIGH DENSITY RESIDENTIAL; PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING THE CITY'S LAND DEVELOPMENT REGULATIONS IN ORDER TO CREATE A NEW MULTIFAMILY RESIDENTIAL ZONING DISTRICT ENTITLED RNIF3B, MULTIFAMILY MEDIUM DENSITY RESIDENTIAL DISTRICT, PERMITTING THIRTY-FIVE (35) DWELLING UNITS PER ACRE AND ACCOMPANYING SITE DEVELOPMENT STANDARDS; AMENDMENT OF THE CITY'S LAND l*~t121' ~, 2001 LPA Meet~ DEVELOPMENT REGULATIONS IN ORDER TO PROVIDE FOR ADDITIONAL AND REVISED SITE DEVELOPMENT STANDARDS IN THE RMF3A, MULTIFAMILY MEDIUM DENSITY RESIDENTIAL DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING DESIGNATION FOR ONE (1) PARCEL OF LAND LOCATED AT 2950 NE 188 STREET FROM TC2, TOWN CENTER MARINE DISTRICT TO RMF3A, MULTIFAMILY MEDIUM DENSITY RESIDENTIAL DISTRICT; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING DESIGNATION FOR TWO (2) PARCELS OF LAND LOCATED AT 3025 AND 3161 NE 188 STREET FROM TC2, TOWN CENTER MARINE DISTRICT TO RMF3B, MULTIFAMILY MEDIUM DENSITY RESIDENTIAL DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. 5. ADJOURNMENT. This meeting is open to thc public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to palticipate in this meeting because of that disability should contact the Office of the City Clerk, 305-466-8901, not later than two days prior to such proceeding. Anyone wishing to appeal any decision made by the City of Aventura Local Planning Agency 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 testimffay and evidence upon which the appeal is to be based. Agenda items may be viewed at the Office of the City Clerk, City of Aventara Government Center, 19200 West Ceuntry Club Drive, Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305466-8901. One or more members of the City of Aventura Advisory Boards may also be in attendance. 2 MINUTES LOCAL PLANNING AGENCY MEETING OCTOBER 2, 2001 6 PM 19200 W. Country Club Drive 1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by Vice Mayor Ken Cohen. Present were Commissioners Arthur Berger, Jay R. Beskin, Manny Grossman, Harry Holzberg, Patricia Rogers-Libert, Vice Mayor Cohen, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka, and City Attorney David M. Wolpin. Mayor Jeffrey M. Perlow was absent. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Dan Eichmann led the pledge of allegiance. 3. APPROVAL OF MINUTES: A motion to approve the minutes of the September 4, 2001 LPA Hearing was offered by Commissioner Rogers-Libert, seconded by Commissioner Holzberg and unanimously passed. 4. PUBLIC HEARING: MOTION RECOMMENDING ADOPTION OF THE FOLLOWING ORDINANCES: A. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN OF THE CITY OF AVENTURA BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR THREE (3) PARCELS LOCATED AT 2950, 3025 AND 3161 NE 188 STREET FROM INDUSTRIAL AND OFFICE TO MEDIUM HIGH DENSITY RESIDENTIAL; PROVIDING FOR TRANSMI'I'rAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR AN EFFECTIVE DATE. A motion to recommend adoption of the ordinance was offered by Commissioner Rogers-Libert and seconded by Commissioner Holzberg. Vice Mayor Cohen opened the public hearing. There being no speakers, the public hearing was closed. The motion passed unanimously. ADJOURNMENT. There being no further business to come before the Local Planning Agency, the meeting adjourned at 6:21 p.m. Teresa M. Soroka, CMC, City Clerk Approved by the LPA on ,2001. Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a 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. CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Commission ~..~--/.~ Eric M. Soroka, C~3e'ge~ Brenda Kelley, Cbrnmb~ti~(_~elopment Dire~ October 29, 2001 Small scale amendment to the City's Comprehensive Plan to change the land use designation of four adjacent parcels on NE 188 Street totaling 7.19 acres from Industrial and Office to Medium High Density Residential. (02-CPA-01 - Small Scale Amendment) November 6, 2001 Local Planning Agency Agenda Item November 6, 2001 City Commission Meeting Agenda Item January 8, 2002 City Commission Meeting Agenda Item __ RECOMMENDATION It is recommended that the City Commission: 1) approve the small scale Comprehensive Plan amendment to change the land use designation of four adjacent parcels on NE 188 Street totaling 7.19 acres from Industrial and Office to Medium High Density Residential; and 2) approve the transmittal of the amendment to the Florida Department of Community Affairs. THE REQUEST City staff is requesting a small scale Comprehensive Plan amendment to change the land use designation of four adjacent parcels on NE 188 Street totaling 7.19 acres from Industrial and Office to Medium High Density Residential to facilitate a rezoning of the parcels from TC2 (Town Center Marine District) to RMF3B (Multifamily Medium Density Residential District). BACKGROUND OWNER OF PROPERTIES: 3000 NE 188 Street 3020 NE 188 Street 3131 NE 188 Street 3161 NE 188 Street NAME OFAPPLICANT LOCATION OF PROPERTY SIZE OF PROPERTIES 28-2203-000-0390 Racing Properties Ltd. 28-2203-000-0410 Curry Industries Inc. 28-2203-000-0297 Racing Properties Ltd. 28-2203-000-0010 Racing Properties Ltd. City of Aventura See Exhibit #1 for location map and Exhibit #2 for aerial photo Approximately 7.19 acres DESCRIPTION/BACKGROUND This past year, the City Commission has held planning and visioning sessions to discuss future development possibilities on NE 188 Street (Thunder Alley). The City's consultants, Wallace Roberts & Todd also attended these sessions to discuss overall recommendations for Thunder Alley as it relates to future development of the Town Center, mixed-use development on the Loehmann's site. Staff and the City Commission have discussed the overall uses of the two areas and how the two areas would link and function as separate mixed-use developments or a continuation of one mixed-use development. During these meetings, staff has recommended that the City Commission consider the following: 1. Is there a market for the overall proposed retail and office proposed in the City's Land Development Regulations for the existing TC1 and TC2 districts?; and 2. The overall creation of mixed-use development on the Loehmann's site and extending down NE 188 Street (disrupted continuation because of the Harbour Center development and the self-storage facility) may be spreading the retail and office uses over such a large land mass (approximately 1325 linear feet on both sides of the street) that there was a concern that the commercial uses on NE 188 Street may struggle due to the removal of this area from the overall "downtown" developed on the Loehmann's site; and 3. A higher density residential component may be required on the Loehmann's site, than previously suggested by staff, so as to help support the large amount of commercial uses in this area; and 4. Office and retail uses on the waterfront may not be the highest and best use of this presently underutilized land; and 5. Property owners in the area were inclined to sell their properties to prospective developers. Interest has been continually expressed to the property owners by residential developers for multi-family development. This supports infill development guidelines in an area designated as a transportation concurrency exception area. 2 Because of these considerations and recommendations, and following discussion by the Commission, staff was instructed to proceed with a phased comprehensive plan amendment and eventual rezoning of some parcels on NE 188 Street to permit residential development that will support and enhance prospective future development of a mixed- use, town center in the Loehmann's area. The existing uses on these parcels include existing marine industry facilities; a vacant lot where employees of the marine industry uses park their vehicles; and a concrete manufacturing facility. These present uses, while not entirely water-dependent or water- related, are private businesses that do not provide general access to the public of the water and/or views. ANALYSIS Future Land Use Designation Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Industrial and Office Town Center Medium High Density Residential Business and Office Town Center Zoning Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: TC2, Town Center Marine District RMF3, Multi-Family Medium Density Residential District RMF3, Multi-Family Medium Density Residential District RMF3A, Multifamily Medium Density Residential District TC2, Town Center Madne District TC2, Town Center Marine District Existing Land Use Subject property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: vacant lot, marine industry, concrete manufacturing residential residential marine industry marine industry, vacant buildings Access - Access to each parcel is from NE 188 Street. Access easements are presently in place. Conformity to City Comprehensive Plan - The amendment is consistent with policies in the Future Land Use, Transportation and Coastal and Conservation elements of the City's Comprehensive Plan. More specifically: 3 Future Land Use Element Policy 8.2 Applications to amend the City's Future Land Use Plan map shall be evaluated to consider consistency with the Goals, Objectives and Policies of all Elements, other timely issues, and in particular the extent to which the proposal, if approved, would: 1. Satisfy a deficiency in the Plan map to accommodate projected population or economic growth of the City; Recent population figures provide information that the City is continuing to grow and the median age is growing younger. With this growth in population, the need for housing grows. Previous discussions by the City Commission addressed concerns that there may not be a need, and the local economy may not be able to support, the commercial (retail and office) and marine industry uses presently permitted in the subject property area. 2. Enhance or impede provision of services at adopted LOS Standards; Traffic - The traffic generation table provided later in this report supports the proposed amendment in that a decreased projected vehicle trips per day enhances the provision of traffic services. Water - The intensity of a maximum 2.0 FAR of commercial uses plus 25 dwelling units per acre as existing permitted use is substantially decreased with the proposed amendment. Therefore, provision of services will be enhanced. Sewer - The intensity of a maximum 2.0 FAR of commercial uses plus 25 dwelling units per acre as existing permitted use is substantially decreased with the proposed amendment. Therefore, provision of services will be enhanced. Mass Transit - A bus transit facility is located at Aventura Mall, approximately ',& mile from the subject properties. The proposed residential development will be required to provide pedestrian linkage to or transit service facilities that are safe and convenient to transit users. Parks and Recreation - The City presently exceeds LOS standards for park space. Additionally, the subject properties are within walking distance of both Founder's Park and the City's proposed Community Recreation Facility, a public property obtained after the adoption of the City's Comprehensive Plan. Stormwater Drainage - The intensity of a maximum 2.0 FAR of commercial uses plus 25 dwelling units per acre as existing permitted use is substantially 4 decreased with the proposed amendment. Therefore, provision of services will be enhanced. Solid Waste - The intensity of a maximum 2.0 FAR of commercial uses plus 25 dwelling units per acre as existing permitted use is substantially decreased with the proposed amendment. Therefore, provision of services will be enhanced. 3. Be compatible with abutting and nearby land uses and protect the character of established neighborhoods; and The proposed amendment is compatible with abutting and nearby land uses and, not only protects, but is anticipated to enhance the character of the neighborhood. 4. Enhance or degrade environmental or histo#ca/ resources, features or systems of significance. The proposed amendment will enhance the environmental systems in that the proposed residential uses will provide access for residents of the City to existing waterfront properties through view corridors, living units and/or pedestrian promenades along the water. Policy 8.3 The City shall strive to accommodate residential development in suitable locations and densities which reflect such factors as recent trends in location and design of residential units; projected availability of service and infrastructure capacity; proximity and accessibility to employment, commercial and cultural centers; character of existing adjacent or surrounding neighborhoods; avoidance of natural resource degradation; maintenance of quality of life and creation of amenities. The proposed amendment will accommodate residential development in suitable locations and densities along the waterfront; projected availability of service and infrastructure capacity; proximity and accessibility to employment, commercial and cultural centers; character of existing adjacent or surrounding neighborhoods; avoidance of natural resource degradation; maintenance of quality of life and creation of amenities. Po/icy 10.1 Aventura shall facilitate redevelopment of substandard or underdeveloped areas, high intensity activity centers, mass transit supportive development and mixed use projects to promote energy conservation. The proposed amendment will facilitate redevelopment of substandard or underdeveloped areas and permitted mixed-use development. 5 Po/icy 12.1 All proposed Comprehensive Plan amendments that increase density (population) shall be required to submit, at the time of application, an analysis of the impacts of the proposed amendment upon the evacuation routes and evacuation times as included within the South Florida Regional Hurricane Evacuation Study, Apr#, 1996, or as may be amended from time to time. Policy 12.2 The City shall not approve any Comprehensive Plan amendment that increases density (population) and results in evacuation times exceeding 12 hours. Address Lot Size Increase in Population Overall Increase Density Factor in Population 3000 NE 188 St 1.126 ac 10 alu/ac 1.64 18 3020 NE 188 St 2.63 ac 10 du/ac 1.64 43 3131 NE 188 St 2.18 ac 10 du/ac 1.64 36 3161 NE 188 St 1.25 ac 10 du/ac 1.64 20 Totals 7.19 ac 71 117 The South Florida Regional Planning Council prepared an analysis of the impacts of the proposed amendment upon the evacuation routes and evacuation times using the 1996 South Florida Hurricane Evacuation Study Model. It was determined that the maximum increase in dwelling units resulting from the proposed amendment would be 71 and the resulting change in clearance is quite insignificant, a 2 minute increase. That clearance time increases the present 11.36 hours to 11.39 hours. Transportation Element Po/icy 1.5 The City will develop transportation management strategies, such as (but not limited to) traffic ca/ming techniques and neighborhood design concepts to improve efficiency and enhance the safety of the pedestrian, bicycles and transit riders within the context of an integrated mu/ti-modal transportation system. The proposed amendment, and associated rezoning and street improvements, will provide for a safer roadway in that pedestrian traffic and vehicle traffic will be separated through the construction of sidewalks, which do not presently exist. The neighborhood design concepts will provide pedestrian promenades along the water, thereby further separating pedestrian traffic from vehicle traffic. The proposed residential development will be required to provide pedestrian linkage to or transit service facilities that are safe and convenient to transit users. Po/icy 4. 3 Transit service shall be linked to major trip attractors and generators and the transportation disadvantaged. Transit service shall be located such that they are safe and convenient to transit users. The proposed amendment will allow for redevelopment of residential uses adjacent to an area which allows for mixed-use development. Any new residential 6 development will be required to provide pedestrian linkage to or transit service facilities that are safe and convenient to transit users. Po/icy 4.4 Transit service wi//be located in areas which the future land use map will support transit service, such as town center, transit terminals, commercial areas and higher density residential areas. The proposed amendment will allow for redevelopment of residential uses adjacent to the town center area. Any new residential development will be required to provide pedestrian linkage to or transit service facilities that are safe and convenient to transit users. Policy 4.6 Sidewalks shall link residential development to transit stops and shelters. NE 188 Street is presently a two-lane, non-sidewalked, dead-end street. The City is presently proceeding with design and development of a 23,000 SF community recreational facility on the north side of the east end of the street, and street improvements that will provide sidewalks. Presently there is no public transportation provided on this street, nor is there adequate pedestrian accessibility. The community recreational facility and the town center area will be providing transit stops and shelter. The proposed amendment will allow for redevelopment of residential uses adjacent to the town center area and the City's community recreational facility. Any new residential development will be required to provide pedestrian linkage to or transit service facilities through the use of sidewalks and/or waterfront promenades. Conservation and Coastal Management Element Policy 9.2 The City shall maintain the adopted levels of service on the local roadways based on the future land use plan to achieve a reasonable evacuation time. The traffic generation table provided later in this report supports the proposed amendment in that a decreased projected vehicle trips per day enhances the provision of transportation (traffic) services, thereby maintaining the adopted levels of service on local roadways to achieve a reasonable evacuation time. Policy 12. 1 Shoreline uses within Aventura shall be prioritized according to the fo/lowing order: 1. Conservation uses 2. Water-dependent uses 3. Water-related uses 4. Uses not dependent or related to shoreline access 7 In the priority listing shown above, the City presently owns a three (3) acre site, and is in the process of designing for construction a community recreational facility at the tip of NE 188 Street, directly on the water. This facility is scheduled to open in late 2002. This facility will not only provide access to the water by all residents of the City, but will also provide open space/passive areas on the site. This use will conserve the site for use by the general public. Furthermore, the City is in the process of obtaining, adjacent to the community recreation facility site, a three (3) acre parcel in order to construct a much needed charter elementary school. This facility is scheduled to open for the school session in 2003. These two (2) facilities will operate as joint-use facilities and together will provide' access to the shoreline/waterfront to all residents of the City. In the backup information for the City's adopted comprehensive plan, the water- dependent and water-related uses were identified as the seven (7) marine industry/marinas on NE 188 Street and NE 185 Street. However, as the City Commission is aware, these property owners are marketing their properties for sale. Staff discussions with the present marine use tenants and/or property owners included discussions that it was hard to operate their businesses with residential uses across the canals because of the noise and smells; many of the industry businesses do not depend on the water because they trailer their boats to other areas to put them in the water, if required. Therefore, what the Commission originally wished to preserve as water-dependent or water-related uses may not be realistic as evidenced by the present owners' desires to sell and move. Furthermore, the present uses on the site restrict access and views of the shoreline/waterfront to the residents of the City since they are private, industrial type uses, restricting access by the general public. Staff supports residential uses in this area in that the general public will be able to take advantage of direct water views through the use of pedestrian promenades along the water, especially when these pedestrian access ways serve to link the town center area with the City's community recreational facility located at the far eastern end of NE 188 Street. Po/icy 12,4 Amendments to the Future Land Use Plan Map shal/ not reduce the proportion of shore/ine properties dedicated to water-dependent uses or reduce the access of water-dependent uses to such properties. The present uses on the site restrict access and views of the shoreline/waterfront to the residents of the City since they are private, industrial type uses, restricting access by the general public. Staff supports residential uses in this area in that the general public will be able to take advantage of direct water views through the use of pedestrian promenades along the water, especially when these pedestrian access ways serve to link the town center area with the City's community recreational facility located at the far eastern end of NE 188 Street. 8 Policy 12.5 Amendment to the Future Land Use Plan Map shall not reduce the proportion of shoreline properties dedicated to water related uses or reduce the access of water-related uses to such properties. The present uses on the site restrict access and views of the shoreline/waterfront to the residents of the City since they are private, industrial type uses, restricting access by the general public. Staff supports residential uses in this area in that the general public will be able to take advantage of direct water views through the use of pedestrian promenades along the water, especially when these pedestrian access ways serve to link the town center area with the City's community recreational facility located at the far eastern end of NE 188 Street. Policy 12.6 New multi-family residential development, contiguous to the shoreline, shall be water dependent, water related, or at a minimum shall include environmentally compatible shoreline access facilities such as walkways, piers, and viewing areas with landscaping grouped or spaced for views of and from the water. The proposed amendment will require that residential redevelopment provide view corridors to the water and pedestrian walkways/promenades along the waterfront. Furthermore, as an extension of the town center, and as support to the City's community recreational facility, which facility will provide walkways, piers and viewing areas, pedestrian walk-ways and linkage of uses through the multi-family residential districts will be required. Traffic Generation - The City's traffic engineers have prepared traffic generation information relative to existing counts, previous approved uses, existing permitted uses and the proposed amendment. The following information is calculated according to the general land area as specified in each table. Proposed trips generated by the elementary school and community recreation facility are also provided. Vehicle Trips AM Peak PM Peak per Day NE 188 Street Generation 1,101 130 142 Existing Trips Total 17.69 acres Zoning Category Vehicle Trips per Day Applications Area Miami-Dade County Zoning IU-2 (industrial) 10,743 Existing City Zoning TC-2 (mixed use) 44,675 Proposed CityZoning RMF3B and RMF3A, 4,290 (residential) 9 Total 6.03 acres Vehicle Tdps AM Peak PM Peak (Comm. Rec. Facility and per Day Charter Elem. school sites) Community Recreation Facility 1,102 204 196 and Charter Elementary School IU-2 (MDC industrial zoning) 3,667 484 516 OP and CF existing City zoning 3,848 584 485 Part of the Larger Plan - As previously discussed in this report, the City Commission has reviewed the overall concept and future of this area of the City, including the Loehmann's area, the City's proposed Community Recreation Facility and adjacent school site, and all surrounding properties. The City Commission has determined that the proposed residential uses are an integral part in providing support and vitality to the proposed mixed- use, town center development to the west of NE 188 Street. The City's consultants advised that the existing zoning on these properties (TC-2) provided for retail and office uses that may not have been economically feasible and, in fact, may have spread these commercial uses into areas that could not support their intensity and location. School - The City is proceeding with the construction of a charter elementary school on the north side of NE 188 Street, east of the proposed amendments area. The proposed residential uses on this street support the need for an elementary school and actually provide much more compatible uses for the school versus the existing commercial, manufacturing and marine uses presently allowed on the street. Furthermore, the anticipated decrease in traffic generation through reduced vehicle trips per day provides for much more compatible uses and significant impact on increased traffic safety on the street. Conformity to City Land Development Regulations - The proposed amendment will facilitate a proposed rezoning from TC2, Town Center Marine District to RMF3B (Multifamily Medium Density Residential District). Coastal High Hazard Location - The location of this site is not in a designated coastal high hazard area. /staff reports/02-CPA-01 comp plan SCD2 10 N EXHIBIT #1 ORDINANCE NO. 2002 - AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN OF THE CITY OF AVENTURA BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR FOUR (4) PARCELS LOCATED AT 3000, 3020, 3131 AND 3161 NE 188 STREET FROM INDUSTRIAL AND OFFICE TO MEDIUM HIGH DENSITY RESIDENTIAL; PROVIDING FOR TRANSMI'I-rAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Department of Community Affairs of the State of Florida found in compliance the City of Aventura Comprehensive Plan (the "Plan") in February 1999; and WHEREAS, the Future Land Use Map of the Comprehensive Plan designated the subject property Industrial and Office, consistent with the existing Miami-Dade County Comprehensive Plan; and WHEREAS, City staff is requesting a small scale Comprehensive Plan amendment, through Application No. 02-CPA-01, to change the land use designation of four adjacent parcels on NE 188 Street totaling 7.19 acres from Industrial and Office to Medium High Density Residential; and WHEREAS, the City Commission believes it is in the best interest of the public to amend the future land use map designation on the subject properties from Industrial and Office to Medium High Density Residential; and WHEREAS, the Plan amendment will not result in impacts on any infrastructure system that will exceed established level of service standards and is otherwise consistent with the goals, objectives and policies of the Plan to the extent the application is granted herein; and Ordinance No. 2002- Page 2 WHEREAS, this residential land use small scale amendment meets the residential density criteria pursuant to Chapter 163.3187(c)(1)(f) Fla. Stat.; and WHEREAS, the City Commission believes the amendment will maintain the unique aesthetic character of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Purpose. This Ordinance is intended to preserve the unique aesthetic character of the City and ensure that adjacent land uses are compatible. It is further intended to protect property values, create a better business climate, enhance the physical appearance of the community and preserve the natural beauty of the City. Section 2. Amendment of Future Land Use Map Designation. The future land use map designations of four (4) parcels totaling approximately 7.19 acres located at 3000 NE 188 Street (Folio Number 28-2203-000-0390) and 3020 NE 188 Street (Folio Number 28-2203-000-0410)and 3131 NE 188 Street (Folio Number 28-2203- 000-0297) and 3161 NE 188 Street (Folio Number 28-2203-000-0010) (see Exhibit "A" for property locations) are hereby changed from Industrial and Office to Medium High Density Residential. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance Ordinance No. 2002- Page 3. 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 Comprehensive Plan. 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 Comprehensive Plan of the City of Aventura and that the Future Land Use Map of the Comprehensive Plan may be revised so as to accomplish such intentions. Section 5. Transmittal. The City Clerk is directed to transmit the amendment to the State of Florida Department of Community Affairs. Section 6. Effective Date. This Ordinance shall be effective pursuant to Chapter 163 of the Florida Statutes. 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 Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Vice Mayor Patricia Rogers-Libert Mayor Jeffrey M. Perlow 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 Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Ordinance No. 2002- Page 4 Commissioner Harry Holzberg Vice Mayor Patricia Rogers-Libert Mayor Jeffrey M. Perlow PASSED on first reading this 6th day of November, 2001. PASSED AND ADOPTED on second reading this 8~h day of January, 2002. ATTEST: JEFFREY M. PERLOW, MAYOR TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Ordinance was filed in the Office of the City Clerk this __ day of ,2002. CITY CLERK N EXHIBIT "A" CITY OF AVENTURA TO: FROM: BY: DATE: SUBJECT: COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM City Commission ~.~"~/__~ Eric M. Soroka~it~.~age1 Brenda Kelley,"Comm~velopment Dire~ October 29, 2001 Creation of a new multifamily residential zoning district RMF3B, Multifamily Medium Density Residential District permitting thirty-five (35) dwelling units per acre and accompanying site development standards; and amendment to the site development standards in the RMF3A, Multifamily Medium Density Residential District. (01-LDR-01) November 6, 2001 Local Planning Agency Agenda Item ~/~ November 6, 2001 City Commission Meeting Agenda Item '76 January 8, 2002 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission: 1) approve the amendment to the City's Land Development Regulations in order to create of a new multifamily residential zoning district RMF3B, Multifamily Medium Density Residential Distdct permitting thirty-five (35) dwelling units per acre and accompanying site development standards; and 2) approve amendments to the City's Land Development Regulations in order to provide revised and/or additional standards for those properties on NE 188 Street zoned RMF3A, Multifamily Medium Density Residential District. THE REQUEST City staff is requesting an amendment to the City's Land Development Regulations in order to create a new multifamily residential zoning district RMF3B, Multifamily Medium Density Residential District permitting thirty-five (35) dwelling units per acre and accompanying site development standards; and to provide revised and/or additional standards for those properties on NE 188 Street zoned RMF3A, Multifamily Medium Density Residential District. DESCRIPTION/BACKGROUND This past year, the City Commission has held planning and visioning sessions to discuss future development possibilities on NE 188 Street (Thunder Alley). The City's consultants, Wallace Roberts & Todd also attended these sessions to discuss overall recommendations for Thunder Alley as it relates to future development of the Town Center, mixed-use development on the Loehmann's site. Staff and the City Commission have discussed the overall uses of the two areas and how the two areas would link and function as separate mixed-use developments or a continuation of one mixed-use development. During the meetings, staff has recommended that the City Commission consider the following: 1. Is there a market for the overall proposed retail and office proposed in the City's Land Development Regulations for the existing TC1 and TC2 districts?; and 2. The overall creation of mixed-use development on the Loehmann's site and extending down NE 188 Street (disrupted continuation because of the Harbour Center development and the self-storage facility) may be spreading the retail and office uses over such a large land mass (approximately 1325 linear feet on both sides of the street) that there was a concern that the commercial uses on NE 188 Street may struggle due to the removal of this area from the overall "downtown" developed on the Loehmann's site; and 3. A higher density residential component may be required on the Loehmann's site, than previously suggested by staff, so as to help support the large amount of commercial uses in this area; and 4. Office and retail uses on the waterfront may not be the highest and best use of this presently underutilized land; and 5. Property owners in the area were inclined to sell their properties to prospective developers. Interest has been continually expressed to the property owners by residential developers for multi-family development. This supports infill development guidelines in an area designated as a transportation concurrency exception area. Because of these considerations and recommendations, and following discussion by the Commission, staff was instructed to proceed with a comprehensive plan amendment and eventual rezoning of some parcels on NE 188 Street to permit residential development that will support and enhance prospective future development of a mixed-use, town center in the Loehmann's area. One component associated with the rezoning of these parcels is the creation of a new zoning district to allow thirty-five (35) dwelling units per acre. ANALYSIS Standards for reviewing proposed amendments to the text of the LDR: 1. The proposed amendment is legally required. Creation of a new zoning district with site development standards consistent with the City Commission's vision is legally required in order that developers may submit development proposals that comply with the City code. 2 2. The proposed amendment Comprehensive Plan. The proposed amendment Comprehensive Plan. is consistent with the goals and objectives of the is consistent with the goals and objectives of the 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. 4. The proposed amendment furthers the orderly development of the City. As discussed during the planning and visioning sessions, the proposed amendment furthers the orderly development of the City. 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 in that it creates a new zoning district that provides density and site development standards consistent with the City Commission's visions for the City. Proposed RMF3B Zoning District Requirements~: Sec. 31-143. Residential Zoning Districts.., (q) Multi - Family Medium Density Residential Districts (RMF3B). The following regulations shall apply to all RMF3B districts: (1) Purpose of District. The purpose and intent of this district is to provide suitable sites for the development of well-planned, environmentally compatible medium density multifamil¥ residential use in areas consistent with the City's Comprehensive Plan Future Land Use Element. Densities shall not exceed thirty-five (35) units per .qross acre. (2) Uses Permitted. No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or part for other than one or more of the followin,q specific uses: (a) Sin,qle family dwellings. ~ Underlined provisions constitute proposed additions to existing text; "*'~"~"" *~' ..... ~' ................ ,,.. provisions indicate proposed deletions from existing text. 3 (b) Two - family dwellings. (c) Triplexes and Quadruplexes (d) Townhouses (e) Low Rise Apartments (t') All uses permitted in CF district. (8) Publicly owned recreation buildings and facilities, playgrounds, playfields and parks (h) Uses accessory to any of the above uses when located on the same plot. (3) Conditional Uses Permitted. (a) Uses that exceed the height limitations. (4) Site Development Standards. (a) Minimum Lot Area and Width: Duplexes: Each dwelling of a two family structure shall be Io¢~t~l on a plot not less than 60 feet in width and 4,000 square feet in area. Townhouses: Not less than 160 feet in width and 16,000 square feet in plot area. Where townhouse dwellings are designed, arranged and constructed for the ownership of each dwelling unit and the land thereunder by a separate and different owner, each dwelling unit may be located on a lot not less than 20 feat in width, and 60 feet in depth. Each dwelling unit of a Quadruplex shall be located on a lot of minimum of 1,600 feet. Low Rise Apartments: Not less than 100 feet in width and 16,000 square feat in plot area. (b) Maximum Height: StpJ~L~re parking shall be counted in computing building height. Duplexes: 2 stories or 25'. Townhouses: 3 stories or 35'. Low Rise Apartments: 4 stodes or 45'. (c) Plot Coverage: The combined plot area covered by all principal and accessory buildings shall not exceed 40% of the area of the lot. (d) Setbacks: Front Yards: Principal buildings fronting the public right-of-way, between one and two stories, shall be setback at least 10 feet. Principal buildings fronting the public right-of-way, three stories in height, shall be setback at least 15 feet. Principal buildings fronting the public d,qht-of-way, four stories in height, shall be setback at least 20 feet. For those principal buildings not fronting the public d,qht-of-way, 5 feat additional setback shall be added for each floor of the building. (Structure parking shall be counted in computing buildine height). Side Yards: Townhouse and Duplexes: Pdndpal Structure 10 feet where applicable. Upon comer plots in all zoning districts included in this section there shall be a front yard as herein specified, and in addition thereto, a side yard at least 20 feet in width on the side of the plot abutting on the side street. Low Rise and Mid Rise Apartments: 25 feet in depth. Rear Yards: Prindpal buildings, between one and two stories, shall be 4 setback at least 15 feet. Principal buildin,qs three or more stories in height shall be setback at least 20 feet. (e) Minimum Distances Between Buildings: Principal buildin,qs between one and two stodes shall be separated by at least 10 feet at the closest point. Principal buildings three stories in height shall be separated by at least 15 feet at the closest point. Principal buildings four stodes shall be separated by at least 20 feet at the closest point. Additionally, for each townhouse building which exceeds six units in any one group, a minimum of five feet for each unit exceeding six shall be added to the minimum building separation. (Structure parking shall be counted in computing building height). (f) Minimum Floor Areas: The minimum floor area not includino (~ara~3e or unairconditioned areas shall be as follows: Single-family unit: 1000 square feet. Multiple family dwelling unit: Efficiency unit: 800 square feet. One bedroom unit: 900 square feet. Two bedroom unit: 1050 square feet. For each additional bedroom in excess of two add 1 50 square feet. Efficiency units shall not exceed twenty (20) percent of the total number of units within a building. (g) Minimum Open Space: 35% of the total lot area. Said open space shall be unencumbered with any structure or off-street parking, and shall be landscaped and well maintained with grass, trees, and shrubbery. Pedestrian walkways and promenade may be counted towards open space at the discretion of the Director or designee. (h) Accessibility: All multi - family development projects within the zonir~. district shall provide a walkway that links buildings and parking areas to onsite amenities. (i) Floor Area Ratio: The floor area ratio shall not exceed the following, (5) provided, however, that structure parking shall not count as a part of the floor area, but shall be counted in computing building height. Height of Building Floor Area Ratio 1 story 0.30 2 story 0.50 3 story 0.75 4 story 0.90 Aboveground Storage Tanks. Aboveground Stora,qe Tanks (AST) are permitted as a conditional use only as an accessory use and only for the purpose of storing fuel for emergency generators. ASTs must conform to the following requirements: (a) Be of 550 gallons capacity or less. (b) Be installed and operated under a valid permit from the Miami-Dade County Department of Environmental Resources Mana,qement. 5 (6) (6) (7) (c) Be fully screened by a masonry or concrete wall with a self-closing and locking metal door or ,qate. Such wall shall be landscaped in accordance with the City's Landscape Code. (d) Be located in a manner consistent with the site development standards of the RMF3A zoning district. Installation of any AST shall require a building permit from the City. Application for building permit shall be accompanied by a site plan indicating the location of the AST relative to property lines, the primary structure served by the AST, any other structures within 300 feet as well as a landscape plan prepared by a Florida licensed architect or landscape architect and other supporting documentation as deemed necessary by the City Manager or designee. Architectural Design Standards. The following concepts shall guide development in this district, in addition to other applicable architectural desi,qn standards found in the Land Development Regulations: a. Mediterranean design features shall be used including, but not limited to barrel tile roofs. b. Changes in massing in the building form(s) shall be incorporated in the overall development design including, but not limited to facades and roof lines. c. Architectural proiections shall be incorporated into the building design including, but not limited to awnings, canopies, balconies and columns. d. Exterior colors used shall be light earth tone schemes or other color palettes that may be approved by the City Commission, Pedestrian Promenades. Pedestrian promenades for use by the general public shall be provided along the waterfront. Such promenade shall be a minimum of 10' in width and shall include linkage of separate development parcels, public use parcels and public sidewalks along public ri,qht(s)-of-way, View corridors to bay or ocean. All sites abutting a waterway shall maintain a visual passageway area unencumbered with any structure or off-street parking area. This view corridor shall extend from the waterway to the street most nearly parallel to the mean high tide line. The width of this view corridor shall equal an ag,qregate area of 20 percent of the average of two frontages on either end of the view corridor, to a maximum of 100 feet. Each corridor shall not be less than 10 percent of the required view corridor. 6 Proposed revisions to the RMF3A Zoning District Requirements: Sec. 31-143(e)(3)... Setbacks: Front yards: Minimum of 25 feet in depth. For those properties on NE 188 Street, the following standards shall apply: Front Yards: Principal buildings fronting the public right-of-way, between one and two stories, shall be setback at least 10 feet. Principal buildings fronting the public right-of~way, three stories in height, shall be setback at least 15 feet. Principal buildings fronting the public d.qht-of-way, four stories in height, shall be setback at least 20 feet. Principal buildings fronting the public right-of-way, five or more stories in height, shall be setback at least 25 feet. For each additional stow in height above 7 stories, 5 feet shall be added to the setback. For those principal buildings not fronting the public right-of-way, 5 feet additional setback shall be added for each floor of the building. (Structure parking shall be counted in computing building height). Rear yards: Minimum of 25 feet. For those properties on NE 188 Street, the following standards shall apply: Principal buildings, between one and two stories, shall be setback at least lb feet; principal buildings three or more stories in height shall be setback at least 2O feet. Minimum Distances Between Buildings: Principal buildings shall be separated by at least 30 feet at the closest point or by the sum of the building heights divided by two, whichever is greater. For those properties on NE 188 Street the following standards shall apply: Principal buildings bef;;cc,q one and two stories shall be separated by at least 10 feet at the closest point. Principal buildings three stories in height shall be separated by at least 15 feet at the closest point. Principal buildings four stodes shall be separated by at least 20 feet at the closest point. Principal buildings five or more stodes shall be separated by at least 25 feet at the closest point. For each additional stow in height above 7 stories, 5 feet shall be added to the building separation. Additionally, for each townhouse building which exceeds six units in any one group, a minimum of five feet for each unit exceeding six shall be added to the minimum building separation. (Stn_,dure parking shall be counted in computing buildinQ height). (5) Architectural Design Standards. For those properties on NE 188 Street, the following concepts shall guide development in this district, in addition to other applicable architectural design standards found in the Land Development Regulations: a. Mediterranean desi.qn features shall be used includinR, but not limited to barrel tile roofs. b. Chan.qes in massinR in the building form(s) shall be incorporated in the overall development design includin,q, but not limited to facades and rooflines. c. Architectural proiections shall be incorporated into the buildin,q desi,qn including, but not limited to awnin,qs, canopies, balconies and columns. d. Exterior colors used shall be liRht earth tone schemes or other color palettes that may be approved by the City Commission. (6) Pedestrian Promenades. For those properties on NE 188 Street1 pedestrian promenades for use by the general public shall be provided along the waterfront. Such promenade shall be a minimum of 10' in width and shall include linkaqe of separate development parcels, public use parcels and public sidewalks alon,q public riaht(s~-of-wav. /staff reports/OI-LDR-01 amend LDR RMF3B 8 § 31-143 AVENTURA CODE (4) Height of Building Floor Area Ratio 4 story 0.80 storage tanks. Aboveground storage tanks (AST) as an accessory use and only for the pu emergency conform to the ,uirements: a. Be of 550 ~ or less. as a fuel for b. Be installed and c under the Miami-Dade County c. Be fully screened by a concrete wall with a self-closing and locking metal door or accordance with the City's Landscape Code. d. Be located in a consistent with the s~development standards of the RMF3 zoni~ ~; ~ Installation o/f/tiny AST shall require a building permit from ~h~City. Application for building/~o/mit shall be accompanied by a site plan indicating the'/~tion of the AST relati/vd to property lines, the primary structure served by the ~ any other s/trdctures within 300 feet as well as a landscape plan prepared by a Flori'd~censed architect or land' '' ' 'scape architect and other supporting documentation as (~ed necessary by the City Manager or designee. ~ (e) Multifamily Medium Density Residential Districts (RMF3A). The following regulations shall apply to all RMF3A Districts: (1) Purpose of district. The purpose and intent of this district is to provide suitable sites for the development of well planned, environmentally compatible medium density multifamily residential use in areas consistent with the City's Comprehensive Plan Future Land Use Element. Densities shall not exceed 45 units per gross acre. (2) Uses permitted. No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or part for other than one or more of the following specif/c uses: a. Two-family dwellings. b. Triplexes and quadruplexes. c. Townhouses not to exceed six units in any one group. d. Low rise apartments. e. Mid rise apartments. f. All uses permitted in CF District. g. Publicly owned recreation buildings and facilities, playgrounds, playfields and parks. h. Uses accessory to any of the above uses when located on the same plot. Supp. No, 5 CD31:66 LAND DEVELOPMENT REGULATIONS § 31-143 (3) Site development standards. a. Minimum lot area and width: 1. Duplexes: Each dwelling of a two-family structure shall be located on a plot not less than 60 feet in width and 4,000 square feet in area. 2. Townhouses: Not less than 160 feet in width and 16,000 square feet in plot area. Where townhouse dwellings are designed, arranged and constructed for the ownership of each dwelling unit and the land thereunder by a separate and different owner, each dwelling unit may be located on a lot not less than 20 feet in width, and 80 feet in depth. Each dwelling unit of a quadruplex shall be located on a lot of minim,~m of 1,600 feet. 3. Low- and rnid-rise apartments: Not less than 100 feet in width and 16,000 square feet in plot area. Maximum height: 1. Duplexes: Two stories or 25 feet. 2. Townhouses: Three stories or 35 feet. 3. Low-rise apartments: Four stories or 45 feet. 4. Mid-rise apartments: Seven stories or 80 feet. Plot coverage: The combined plot area covered by all principal and accessory buildings shall not exceed 40 percent of the area of the lot. Setbacks: 1. Front yards: Minimum of 25 feet in depth. 2. Side yards: i. Townhouse and duplexes: Principal structure ten feet where applica- ble. Upon corner plots in all zoning districts included in this section there shall be a frontyard as herein specified, and in addition thereto, a side yard at least 20 feet in width on the side of the plot abutting on the side street. ii. Low-rise and mid-rise apartments: 25 feet in depth. iii. Rear yards: Minimum of 25 feet. e. Floor areas: The minimum floor area not including garage or unairconditioned areas shall be 1,500 square feet. f. Minimum distances between buildings: Principal buildings shall be separated by at least 30 feet at the closest point or by the sum of the building heights divided by two, whichever is greater. g. Minimum floor areas: The minimum floor area not including garage or unairconditioned areas shall be as follows: Multiple-fanCily dwelling unit: Efficiency unit: 800 square feet. Supp. No. 5 CD31:67 § 31-143 AVE N~A CODE (4) One bedroom unit: 900 square feet. Two bedroom unit: 1050 square feet. For each additional bedroom in excess of two add 150 square feet. Efficiency units shall not exceed 20 percent of the total number of units within a building. h. Minimum open space: 35 percent of the total lot area. Said open space shall be unencumbered with any structure or off-street parking, and shall be landscaped and well maintained with grass, trees, and shrubbery. i. Accessibility: All multifamily development projects within the zoning district shall provide a walkway that links buildings and parking areas to onsite amenities. j. Floor area ratio: The floor area ratio shall not exceed the following, provided, however, that structure parking shall not count as a part of the floor area, but shall be counted in computing building height. Height of Building Floor Area Ratio 1 story 0.30 2 story 0.50 3 story 0.75 4 story 0.90 5 story 1.05 6 stow 1.25 7 stow 1.50 Aboveground storage tanks. Aboveground storage tanks (AST) are permitted as a conditional use only as an accessory use and only for the purpose of storing fuel for emergency generators. ASTs must conform to the following requirements: a. Be of 550 gallons capacity or less. b. Be installed and operated under a valid pemit from the Miami-Dade County Department of Environmental Resources Management. Be fully screened by a masonry or concrete wall with a self-closing and locking metal door or gate. Such wall shall be landscaped in accordance with the City's Landscape Code. d. Be located in a manner consistent with the site development standards of the RMF3A zoning district. Installation of any AST shall require a building permit from the City. Application for building permit shall be accompanied by a site plan indicating the location of the AST relative to property lines, the primary structure served by the AST, any other Supp. No. 5 CD31:68 LAND DEVELOPMENT REGULATIONS § 31-143 (1) (2) Uses used, uses: structures within 300 feet as well as a landscape plan prepared by a Florida licensed architect or landscape architect and other supporting documentation as deemed necessary by the City Manager or designee. (f) Multifamily High Density Residential Districts (RMF4). The following regulations y to all RMF4 Districts. The purpose and intent of this district is to provide sites the development of well-planned, den- residential use in areas consistent with the City's Plan ; exceed 60 units acre. No building or structure, or part thereof, shall be altered or in whole or part for other than one or more of pecific (3) a. All uses RMF3 District. b. High c. Ail uses the CF District. d. Publicly owned buildings and parks. e. ALF. f. Uses accessory to any Site development standards. a. Minimum lot area ~I: 1. Duplexes, low-and RMF3 Zoning Districts. playgrounds, playfields and on the same plot. [apartments]: As required in the 2. High-rise Not less than 100 fee~n width and 16,000 square feet in plot ~ 1. Dup~es: Two stories or 25 feet. ~ 2. To)yhhouses: T :~ree stories or 35 feet. ~ 3. /~qgh-rise apar ;ments: 40 stories or 400 feet._ % E~ ~ proposed building or structure which exceeds _~n height"~all be ~ zed and situated such that the shadow created by the sun at 12:00 no'~ on ~ ,mber 21 (a sun angle of 41 degrees) will not fall on any adjacent prope e pt for public road rights-of-way. Shadow s~d~ar~ev~fdr°tePeth~ Community Development Department. ~ Plot coverage: The combined plot area covered by all principal and accessory buildings shall not exceed 40 percent of the area of the lot. Supp. No. $ CD3I:69 ORDINANCE NO. 2002- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY'S LAND DEVELOPMENT REGULATIONS IN ORDER TO CREATE A NEW MULTIFAMILY RESIDENTIAL ZONING DISTRICT ENTITLED RMF3B, MULTIFAMILY MEDIUM DENSITY RESIDENTIAL DISTRICT, PERMITTING THIRTY-FIVE (35) DWELLING UNITS PER ACRE AND ACCOMPANYING SITE DEVELOPMENT STANDARDS; AMENDMENT OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN ORDER TO PROVIDE FOR ADDITIONAL AND REVISED SITE DEVELOPMENT STANDARDS IN THE RMF3A, MULTIFAMILY MEDIUM DENSITY RESIDENTIAL DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Aventura has held planning and visioning sessions to discuss future development possibilities in the City. Pursuant to these sessions, staff was instructed to proceed with a comprehensive plan amendment and eventual rezoning of some parcels on NE 188 Street to permit residential development that will support and enhance prospective future development of a mixed- use, town center in the Loehmann's area; and WHEREAS, the City of Aventura is desirous of creating a new multifamily residential zoning district RMF3B, Multifamily Medium Density Residential District permitting thirty-five (35) dwelling units per acre and accompanying site development standards; and WHEREAS, the City of Aventura is desirous of revising and providing additional standards for those properties on NE 188 Street zoned RMF3A, Multifamily Medium Density Residential District; and Ordinance No. 2002 - Page 2 WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with law; and WHEREAS, the City Commission has been designated as the local planning agency for the City pursuant to Section 163.3174, Florida Statutes; and WHEREAS, the City Commission has reviewed the action set forth in this Ordinance and has determined that such action is consistent with the Comprehensive Plan and intended use of the land. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. That the City's Land Development Regulations are hereby amended so as to create a new multifamily residential zoning district entitled RMF3B, ' Multifamily Medium Density Residential District, permitting thirty-five (35) dwelling units per acre and accompanying site development standards, as follows1: Sec. 31-143. Residential Zoning Districts... (q) Multi - Family Medium Density Residential Districts (RMF3B). The following regulations shall apply to all RMF3B districts: (1) Purpose of District. The purpose and intent of this district is to provide suitable sites for the development of well-planned, environmentally compatible medium density multifamily residential use in areas consistent with the City's Comprehensive Plan Future Land Use Element. Densities shall not exceed thirty-five (35) units per gross acre. (2) Uses Permitted. No buildinq or structure, or part thereof, shall be erected, altered or used, or land used in whole or part for other than one or more of ~ Underlined provisions constitute proposed additions to existing text; ~tr!c~cn thrcugh provisions indicate proposed deletions from existing text. O~inance No. 2002- Page 3 the followinq specific uses: (a) Sinqle family dwellinqs. (b) Two - family dwellin.qs. (c) Triplexes and Quadruplexes (d) Townhouses (¢) Low Rise Apartments (f) All uses permitted in CF district. (~) Publicly owned recreation buildin.qs and facilities, play.qrounds, pla/fields and parks (h) Uses accessory to any of the above uses when located on the same plot. (3) Conditional Uses Permitted. (a) Uses that exceed the heiqht limitations. (4) Site Development Standards. (a) Minimum Lot Area and Width: Duplexes: Each dwellinq of a two family structure shall be located on a plot not less than 60 feet in width and 4,000 square feet in area. Townhouses: Not less than 160 feet in width and 16,000 square feet in plot area. Where townhouse dwellinqs are desiqned, arranqed and constructed for the ownership of each dwellinq unit and the land thereunder by a separate and different owner, each dwellin.q unit may be located on a lot not less than 20 feet in width, and 60 feet in depth. Each dwellinq unit of a Quadrupiex shall be located on a lot of minimum of 1,600 feet. Low Rise Apartments: Not less than 100 feet in width and 16,000 square feet in plot area. (b) Maximum Heiqht: Structure parkinq shall be counted in computinq buildinq heiqht. Duplexes: 2 stories or 25'. Townhouses: 3 stories or 35'. Low Rise Apartments: 4 stories or 45'. (c) Plot Coveraqe: The combined plot area covered by all principal and accessory buildinqs shall not exceed 40% of the area of the lot. (d) Setbacks: Front Yards: Principal buildinqs frontinq the public riqht-of-way, between one and two stories, shall be setback at least 10 feet. Principal buildinqs frontinq the public riqht-of-way, three stories in heiqht, shall be setback at least 15 feet. Principal buildinqs frontinq the public riqht-of-way, four stories in heiqht, shall be setback at least 20 feet. For those principal buildinqs not frontinq the public riqht-of- way, 5 feet additional setback shall be added for each floor of the Ordinance No. 2002 - Page 4 (e) (f) buildin,q. (Structure parkinq shall be counted in computinq buildinq hei.qht). Side Yards: Townhouse and Duplexes: Principal Structure 10 feet where applicable. Upon corner plots in all zoninq districts included in this section there shall be a front yard as herein specified, and in addition thereto, a side yard at least 20 feet in width on the side of the plot abuttin,q on the side street. Low Rise and Mid Rise Apartments: 25 feet in depth. Rear Yards: Principal buildinqs, between one and two stories, shall be setback at least 15 feet. Principal buildin.qs three or more stories in hei,qht shall be setback at least 20 feet. Minimum Distances Between Buildin.qs: Principal buildin.qs between one and two stories shall be separated by at least 10 feet at the closest point. Principal buildin.qs three stories in heiqht shall be separated by at least 15 feet at the closest point. Principal buildinqs four stories shall be separated by at least 20 feet at the closest point. Additionally, for each townhouse buildinq which exceeds six units in any one .qroup, a minimum of five feet for each unit exceedin.q six shall be added to the minimum buildinq separation. (Structure parkinq shall be counted in computin.q buildinq heiqht). Minimum Floor Areas: The minimum floor area not includin.q .qara,qe or unairconditioned areas shall be as follows: Sinqle-family unit: 1000 square feet. Multiple family dwellinq unit: Efficiency unit: 800 square feet. One bedroom unit: 900 square feet. Two bedroom unit: 1050 square feet. For each additional bedroom in excess of two add 150 square feet. Efficiency units shall not exceed twenty {20) percent of the total number of units within a buildinq. (g) Minimum Open Space: 35% of the total lot area. Said open space shall be unencumbered with any structure or off-street parkin.q, and shall be landscaped and well maintained with qrass, trees, and shrubbery. Pedestrian walkways and promenade may be counted towards open space at the discretion of the Director or desiqnee. (h) Accessibility: Ail multi - family development proiects within the zoninq district shall provide a walkway that links buildinqs and parkinq areas to onsite amenities. (i) Floor Area Ratio: The floor area ratio shall not exceed the followinq, provided, however, that structure parkinq shall not count as a part of the floor area, but shall be counted in computinq buildinq hei.qht. Heiqht of Buildinq Floor Area Ratio Ordinance No. 2002- Page 5 I stow 0.30 2 stow 0.50 3 stow 0.75 4 stow 0.90 (5) Above.qround Storage Tanks. Above.qround Storaqe Tanks (AST) are permitted as a conditional use only as an accessory use and only for the purpose of storinq fuel for emerqency qenerators. ASTs must conform to the followinq requirements: (a) Be of 550 gallons capacity or less. (b) Be installed and operated under a valid permit from the Miami-Dade County Department of Environmental Resources Manaciement. (c) Be fully screened by a masonry or concrete wall with a self-closinq and Iockinq metal door or qate. Such wall shall be landscaped in accordance with the City's Landscape Code. (d) Be located in a manner consistent with the site development (6) (6) standards of the RMF3A zoninq district. Installation of any AST shall require a building permit from the City. Application for building permit shall be accompanied by a site plan indicating the location of the AST relative to property lines, the primary structure served by the AST, any other structures within 300 feet as well as a landscape plan prepared by a Florida licensed architect or landscape architect and other supportinq documentation as deemed necessary by the City Manager or designee. Architectural Design Standards. The followinq concepts shall guide development in this district, in addition to other applicable architectural desiqn standards found in the Land Development Requlations: a. Mediterranean desiqn features shall be used includinq, but not limited to barrel tile roofs. b. Chanqes in massinq in the buildin.q form(s) shall be incorporated in the overall development desiqn includinq, but not limited to facades and rooflines. c. Architectural projections shall be incorporated into the buildinq desiqn includinq, but not limited to awninqs, canopies, balconies and columns. d. Exterior colors used shall be light earth tone schemes or other color palettes that may be approved by the City Commission. Pedestrian Promenades. Pedestrian promenades for use by the qeneral public shall be provided alonq the waterfront. Such promenade shall be a minimum of 10' in width and shall include linkaqe of separate development parcels1 public use parcels and public sidewalks along public Ordinance No. 2002 - Page 6 riqht(s)-of-way. (7) View corridors to bay or ocean. All sites abuttinq a waterway shall maintain a visual passaqeway area unencumbered with any structure or off-street parking area. This view corridor shall extend from the waterway to the street most nearly parallel to the mean hi.qh tide line. The width of this view corridor shall equal an aqqreqate area of 20 percent of the averaqe of two frontages on either end of the view corridor, to a maximum of 100 feet. Each corridor shall not be less than 10 percent of the required view corridor. Section 2. That the City's Land Development Regulations are hereby amended so as to revise and provide additional site development standards for those properties on NE 188 Street zoned RMF3A, Multifamily Medium Density Residential District, as follows: Sec. 31-143(e)(3)... Setbacks: Front yards: Minimum of 25 feet in depth. For those properties on NE 188 Street, the following standards shall apply: Front Yards: Principal buildinqs fronting the public d.qht-of-way, between one and two stories, shall be setback at least 10 feet. Principal buildings frontinq the public riqht-of-way, three stories in height, shall be setback at least 15 feet. Principal buildinqs frontinq the public right-of-way, four stories in heiqht, shall be setback at least 20 feet. Principal buildinqs frontinq the public right-of-way, five or more stodes in heiqht, shall be setback at least 25 feet. For each additional story in height above 7 stories, 5 feet shall be added to the setback. For those principal buildings not frontinq the public riqht-of-way, 5 feet additional setback shall be added for each floor of the buildinq. (Structure parkin.q shall be counted in computing building height). Rear yards: Minimum of 25 feet. For those properties on NE 188 Street, the followinq standards shall apply: Principal buildin.qs, between one and two stories, shall be setback at least 15 feet; principal buildinqs three or more stories in heiqht shall be setback at least 20 feet. Ordinance No. 2002 - Page 7 Minimum Distances Between Buildings: Principal buildings shall be separated by at least 30 feet at the closest point or by the sum of the building heights divided by two, whichever is greater. For those properties on NE 188 Street the followinq standards shall apply: Principal buildinqs between one and two stories shall be separated by at least 10 feet at the closest point. Principal buildinqs three stories in heiqht shall be separated by at least 15 feet at the closest point. Principal buildin.qs four stories shall be separated by at least 20 feet at the closest point. Principal buildinqs five or more stories shall be separated by at least 25 feet at the closest point. For each additional story in heiqht above 7 stories, 5 feet shall be added to the buildinq separation. Additionally, for each townhouse buildin.q which exceeds six units in any one qroup, a minimum of five feet for each unit exceedinq six shall be added to the minimum buildinq separation. (Structure parkin,q shall be counted in computin.q buildinq heiqht). (5) Architectural Desiqn Standards. For those properties on NE 188 Street1 the followinq concepts shall quide development in this district, in addition to other applicable amhitectural desiqn standards found in the Land Development Requlations: a. Mediterranean desiqn features shall be used includinq, but not limited to barrel tile roofs. b. Chan.qes in massinq in the buildinq form(s) shall be incorporated in the overall development desiqn includinq, but not limited to facades and rooflines. c. Architectural proiections shall be incorporated into the buildinq desiqn includinq, but not limited to awninqs, canopies, balconies and columns. d. Exterior colors used shall be li.qht earth tone schemes or other color palettes that may be approved by the City Commission. (6) Pedestrian Promenades. For those properties on NE 188 Street1 pedestrian promenades for use by the qeneral public shall be provided alonq the waterfront. Such promenade shall be a minimum of 10' in width and shall include linkaqe of separate development pamelSl public use parcels and public sidewalks along public riqht(s)-of-way. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any Ordinance No. 2002 - Page 8 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. 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 reletterad to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner 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 Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Vice Mayor Patricia Rogers-Libert Mayor Jeffrey M. Perlow 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 Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Ordinance No. 2002 - Page 9 Commissioner Harry Holzberg Vice Mayor Patricia Rogers-Libert Mayor Jeffrey M. Perlow PASSED on first reading this 6th day of November, 2001. PASSED AND ADOPTED on second reading this 8th day of January, 2002. ATTEST: JEFFREY M. PERLOW, MAYOR TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this __ day of .,2002. CITY CLERK Recommended revisions to 01-LDR-01 to specifically address zero-lot line dwellings and clarify site development standards: Sec. 31-143(,q) Revise (3) "Conditional Uses Permitted" to read: Conditional Uses. The following uses may be established if first approved as a conditional use... · Add: (3a) Uses prohibited. Those uses which exceed 7 stories or 85'. · Add: "zero lot line dwelling units" to permitted uses Revise minimum lot area and width (4)(a) to read: Single-family and zero-lot line: Each dwelling unit shall be located on a plot not less that 40 feet in width and 4,000 square feet in area. 2-family dwellings: Each dwelling unit shall be located on a plot not less than 60 feet in width and 4,000 square feet in area... Revise maximum height (4)(b) to read: 2-family dwellings, triplexes and quadruplexes: 2 stories or 25' Single family dwellings, zero-lot line, and townhouses: 3 stories or 35' ... Revise setbacks (4)(d) to read: Side yards: single-family, 2-family, zero lot line, triplexes, quadruplexes and townhouses: Principal Structure 10 where applicable... CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Commission Eric M. Soroka~l~ Brenda Kelley~-CommQ[ October 29, 2001 elopment Direc~ Amendment of the Offidal Zoning Map of the City of Aventura by amending the zoning designation for one (1) parcel of land located at 2950 NE 188 Street from TC2, Town Center Marine District to RMF3A, Multifamily Medium Density Residential District; and Amendment of the Official Zoning Map of the City of Aventura by amending the zoning designation for two (2) parcels of land located at 3025 and 3161 NE 188 Street from TC2, Town Center Marine District to RMF3B, Multifamily Medium Density Residential District. (01 -REZ-01 ) November 6, 2001 Local Planning Agency Agenda Item November 6, 2001 City Commission Meeting Agenda Item _~ January 8, 2002 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission: 1 ) Approve an amendment of the Official Zoning Map of the City of Aventura by amending the zoning designation for one (1) parcel of land located at 2950 NE 188 Street from TC2, Town Center Marine District to RMF3A, Multifamily Medium Density Residential District; and 2) Approve an amendment of the Official Zoning Map of the City of Aventura by amending the zoning designation for two (2) parcels of land located at 3025 and 3161 NE 188 Street from TC2, Town Center Marine District to RMF3B, Multifamily Medium Density Residential District. THE REQUEST City staff is requesting 1. Amendment of the Official Zoning Map of the City of Aventura by amending the zoning designation for one (1) parcel of land located at 2950 NE 188 Street from TC2, Town Center Marine District to RMF3A, Multifamily Medium Density Residential District (see Exhibit "A" for property location); and 2. Amendment of the Official Zoning Map of the City of Aventura by amending the zoning designation for two (2) parcels of land located at 3025 and 3161 NE 188 Street from TC2, Town Center Marine District to RMF3B, Multifamily Medium Density Residential District (see Exhibit "B" for property location). BACKGROUND OWNER OF PROPERTIES: 2950 NE 188 Street 3025 NE 188 Street 3161 NE 188 Street 28-2203-000-0291 Alfred R Chouinard II 28-2203-000-0161 Fort Apache Inc. 28-2203-000-0310 Alfred R Chouinard NAME OF APPLICANT City of Aventura LOCATION OF PROPERTY See Exhibits "A" and "B" for location maps and Exhibit #2 for aerial photo SIZE OF PROPERTIES Approximately 7.66 acres DESCRIPTION/BACKGROUND This past year, the City Commission has held planning and visioning sessions to discuss future development possibilities on NE 188 Street (Thunder Alley). The City's consultants, Wallace Roberts & Todd also attended these sessions to discuss overall recommendations for Thunder Alley as it relates to future development of the Town Center, mixed-use development on the Loehmann's site. Staff and the City Commission have discussed the overall uses of the two areas and how the two areas would link and function as separate mixed-use developments or a continuation of one mixed-use development. During the meetings, staff has recommended that the City Commission consider the following: 1. Is there a market for the overall proposed retail and office proposed in the City's Land Development Regulations for the existing TCl and TC2 districts?; and 2. The overall creation of mixed-use development on the Loehmann's site and extending down NE 188 Street (disrupted continuation because of the Harbour Center development and the self-storage facility) may be spreading the retail and office uses over such a large land mass (approximately 1325 linear feet on both sides of the street) that there was a concern that the commercial uses on NE 188 Street may struggle due to the removal of this area from the overall "downtown" developed on the Loehmann's site; and 2 3. A higher density residential component may be required on the Loehmann's site, than previously suggested by staff, so as to help support the large amount of commercial uses in this area; and 4. Office and retail uses on the waterfront may not be the highest and best use of this presently underutilized land; and 5. Property owners in the area were inclined to sell their properties to prospective developers. Interest has been continually expressed to the property owners by residential developers for multi-family development. This supports infill development guidelines in an area designated as a transportation concurrency exception area. Because of these considerations and recommendations, and following discussion by the Commission, staff was instructed to proceed with a comprehensive plan amendment and eventual rezoning of some parcels on NE 188 Street to permit residential development that will support and enhance prospective future development of a mixed-use, town center in the Loehmann's area. The existing uses on these parcels include existing marine industry and boat storage facilities; a vacant building, sometimes used for boat storage; and a vacant lot with two existing small, vacant, abandoned structures. The present uses, while not entirely water- dependent or water-related, are private businesses that do not provide general access to the public of the water and/or views. ANALYSIS Future Land Use Designation Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Industrial and Office Town Center Medium High Density Residential Business and Office Town Center Zoning Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: TC2, Town Center Marine District RMF3, Multi-Family Medium Density Residential District RMF3, Multi-Family Medium Density Residential Distdct RMF3A, Multifamily Medium Density Residential District TC2, Town Center Marine District TC1, Town Center District Existing Land Use Subject property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: vacant lot, marine industry, boat storage residential residential marine industry, concrete manufacturing office, restaurant and self storage facility 3 Access - Access to each parcel is from NE 168 Street. Access easements are presently in place. Conformity to City Comprehensive Plan - The proposed amendment is conditioned on a Comprehensive Plan amendment to change the land use designation of three adjacent parcels on NE 188 Street totaling 7.66 acres from Industrial and Office to Medium High Density Residential to facilitate a rezoning of the parcels from TC2 (Town Center Marine District) to RMF3A (Multifamily Medium Density Residential District) and RMF3B (Multifamily Medium Density Residential District). Standards for reviewing proposed amendments to the Official Zoning Map: 1. The proposed amendment is consistent with goals, objectives and policies of the City's Comprehensive Plan. The proposed amendment will be consistent with goals, objectives and policies of the City's Comprehensive Plan provided the City Commission approves an amendment to the land use designations for these parcels from Industrial and Office to Medium High Density Residential. 2. The proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses. The proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses. 3. The subject property is physically suitable for the uses permitted in the proposed district. The subject properties are physically suitable for the uses permitted in the proposed district. 4. There are sites available in other areas currently zoned for such use. There are sites available in other areas currently zoned for the RMF3A uses, however, the rezoning of the sites to RMF3B is conditioned on the City Commission's approval to amend the Land Development Regulations to create this new zoning district. 5. If applicable, the proposed change will contribute to redevelopment of an area in accordance with an approved redevelopment plan. As discussed during planning and visioning sessions, as referenced in this report, the proposed change will contribute to redevelopment of an area in accordance with a redevelopment plan. 4 6. The proposed change would adversely affect traffic patterns or congestion. The traffic generation table provided later in this report supports the proposed amendment in that a decreased projected vehicle trips per day enhances the provision of traffic services. 7. The proposed change would adversely impact population density such that the demand for water, sewers, streets, recreational areas and facilities, and other public facilities and services would be adversely affected. Address Lot Increase in Population Overall Increase in Size Density Factor Population 2950 NE 188 St 3.04 ac 20 du/ac 1.64 99 3025 NE 188 St 3.59 ac 10 du/ac 1.64 59 3161 NE 188 St 1.03 ac 10 du/ac 1.64 17 Totals 7.66 ac 175 As shown on the above table, the proposed change has a minimal affect on population density and actually decreases the demand for water, sewers, streets, and other public facilities and services compared to the presently permitted uses. 1. Whether the proposed change would have an adverse environmental impact on the vicinity. The proposed change will not have an adverse environmental impact on the vicinity. 2. Whether the proposed change would adversely affect the health, safety, and welfare of the neighborhood or the City as a whole. The proposed change will not adversely affect the health, safety, and welfare of the neighborhood or the City as a whole. Traffic Generation - The City's traffic engineers have prepared traffic generation information relative to existing counts, previous approved uses, existing permitted uses and the proposed amendment. The following information is calculated according to the general land area as specified in each table. Proposed trips generated by the elementary school and community recreation facility are also provided. Vehicle Trips AM Peak PM Peak per Day NE 188 Street Generation 1,101 130 142 Existing Trips 5 Total 17.69 acres Zoning Category Vehicle Trips per Day Applications Area Miami-Dade County Zoning IU-2 (industrial) 10,743 Existin9 City Zonin9 : TC-2 (mixed use) 44,675 Proposed City Zoning RMF3B and RMF3A 4,290 (residential) Total 6.03 acres Vehicle Trips AM Peak PM Peak (Comm. Rec. Facility and per Day Charter Elem. school sites) Community Recreation Facility 1,102 204 196 and Charter Elementary School IU-2 (MDC industrial zoning) 3,667 484 516 OP and CF existing City zoning 3,848 584 485 Part of the Larger Plan - As previously discussed in this report, the City Commission has reviewed the overall concept and future of this area of the City, including the Loehmann's area, the City's proposed Community Recreation Facility and adjacent school site, and all surrounding properties. The City Commission has determined that the proposed residential uses are an integral part in providing support and vitality to the proposed mixed-use, town center development to the west of NE 188 Street. It was determined by the City's consultants that the existing zoning on these properties (TC-2) provided for retail and office uses that may not have been economically feasible, and in fact, may have spread these commercial uses into areas that could not support the intensity and location. School - The City is proceeding with construction and management of a charter elementary school on the north side of NE 188 Street, east of the proposed amendments area. The proposed residential uses on this street support the need for an elementary school and actually provide much more compatible uses for the school versus the existing commercial and marine uses presently allowed on the street. Furthermore, the anticipated decrease in traffic generation through reduced vehicle trips per day provides for much more compatible uses and significant impact on increased traffic safety on the street. /staff reports/01-REZ-01 rezoning NE 188 St SCD1 6 A N 19200 2999 INNAMED ~ 3025 2950 RE GE EXHIBIT "A" N 19200 2999 UNNAMED 3025 2950 RE GE EXHIBIT "B" N LOEHMANN$ EXHIBIT #2 ORDINANCE NO. 2002- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING DESIGNATION FOR ONE (1) PARCEL OF LAND LOCATED AT 2950 NE 188 STREET FROM TC2, TOWN CENTER MARINE DISTRICT TO RMF3A, MULTIFAMILY MEDIUM DENSITY RESIDENTIAL DISTRICT; BY AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING DESIGNATION FOR TWO (2) PARCELS OF LAND LOCATED AT 3025 AND 3161 NE 188 STREET FROM TC2, TOWN CENTER MARINE DISTRICT TO RMF3B, MULTIFAMILY MEDIUM DENSITY DISTRICT; PROVIDING FOR PROVIDING FOR INCLUSION IN PROVIDING FOR AN EFFECTIVE DATE. RESIDENTIAL SEVERABILITY; THE CODE; WHEREAS, the City Commission of the City of Aventura has held planning and visioning sessions to discuss future development possibilities on NE 188 Street (Thunder Alley). Pursuant to these sessions, staff was instructed to proceed with a comprehensive plan amendment and eventual rezoning of some parcels on NE 188 Street to permit residential development that will support and enhance prospective future development of a mixed-use, town center in the Loehmann's area; and WHEREAS, the City of Aventura is desirous of amending the Official Zoning Map of the City of Aventura by amending the zoning designation for one (1) parcel of land located at 2950 NE 188 Street from TC2, Town Center Marine District to RMF3A, Multifamily Medium Density Residential District; and WHEREAS, the City of Aventura is desirous of amending the Official Zoning Map of the City of Aventura by amending the zoning designation for two (2) parcels of land located at 3025 and 3161 NE 188 Street from TC2, Town Center Marine District to RMF3B, Multifamily Medium Density Residential District; and Ordinance No. 2002- Page 2 WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with law; and WHEREAS, the City Commission has been designated as the local planning agency for the City pursuant to Section 163.3174, Florida Statutes; and WHEREAS, the City Commission has reviewed the action set forth in this Ordinance and has determined that such action is consistent with the Comprehensive Plan and intended use of the land. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. That the Official Zoning Map of the City of Aventura is hereby amended by amending the zoning designation for one (1) parcel of land located at 2950 NE 188 Street (Folio Number 28-2203-000-0291) from TC2, Town Center Marine District to RMF3A, Multifamily Medium Density Residential District (see Exhibit "A" for property location). Section 2. That the Official Zoning Map of the City of Aventura is hereby amended by amending the zoning designation for two (2) parcels of land located at 3025 NE 188 Street (Folio Number 28-2203-000-0161) and 3161 NE 188 Street (Folio Number 28-2203-000-0310) from TC2, Town Center Marine District to RMF3B, Multifamily Medium Density Residential District (see Exhibit "B" for property location). Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity Ordinance No. 2002- Page 3 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 and that the Official Zoning Map of the City may be revised so as to accomplish such intentions. Section 5. Effective Date. 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 Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Vice Mayor Patricia Rogers-Libert Mayor Jeffrey M. Perlow 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 Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Vice Mayor Patricia Rogers-Libert Mayor Jeffrey M. Perlow Ordinance No. 2002- Page 4 PASSED on first reading this 6th day of November, 2001. PASSED AND ADOPTED on second reading this 8m day of January, 2002. ATTEST: JEFFREY M. PERLOW, MAYOR TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY A'I-I'ORNEY This Resolution was filed in the Office of the City Clerk this __ day of ,2001. CITY CLERK A N 19200 2999 UNNAMED 3025 2950 EXHIBIT "A" N 192OO 2999 UNNAMED 3025 2950 RE GE EXHIBIT "B" :mimni Z- raU el Nuevo Herald www. hcral~m www. dher~l&com Published Daily MIAMI, FLORIDA STATE OF FLORIDA COUNTY OF DADE Before the undersigned authority personally appeared: FRANK TOMASINO Who on oath that he is ADVERTISING OFFICE MANAGER Of the Miami Herald Publishing Company, a daily newspaper at Miami in Dade county, Florida; that the advertisement for City Of Aventura was published in said newspaper in the issue of: Miami Herald, local section, Monday, October 22,2001. Affiant further says that the said Miami Herald is a newspaper published at Miami, in the said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade, County, Florida, each day and has been entered as second class mail matter at the post office in Miami, in said Dade County, Florida, for a period of one year next preceding the first publication of advertisement. FRANK TOMASINO Sworn to and subscribed before me This-~/ day of ~/-~ Lisa Ann Hernandez /7 A.D. 2001 3613 N.E. 163rd Street, North Miami Beach, FL 33162 CITY OF AVENTURA Or LOCAL PLANNING AGENCY, NOTICE OF AMENDMENT OF COMPREHENSIVE PLAN, NOTICE OF AMENDMENT TO OFFICIAL ZONING MAP, AND NOTICE OF AMENDMENT OF LAND DEVELOPMENT REGULATIONS Public Notice is hereby given that the City of Aventura Local Planning Agency will meet in a public hearing on Tuesday, November 6, 2001 at 6:00 p.m. to make recommendation regarding adoption of the following Ordinances; AN ORDINANCE OF THE CITY 0F~~F AMENDING THE OFFICIAL ZONING MAP oF THE CITY OF ~ AVENTURA' BY AMENDING THE ZONING DESIGNATION, FOR ONE (1) PARCEL OF LAND LOCATED AT 295Q NE 188 STREET FROM TC2, TOWN CENTER MARINE DISTRICT T.O. 'RMF3A, MULTIFAMILY MEDIUM DENSITY RESIDENTIAL' DISTRICT; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDIN(~ THE ZONING~' DESIGNATION FOR T~NO (2) PARCELS OF LAND LOCATED; :AT 3025 AND 3161 NE 188 STREET FROM TC2, TOWN CENTER MARINE DISTRICT TO RMF3B, MULTIFAMII~¥ MEDIUM DENSITY RESIDENTIAL DISTRICT; PROVIDING FoR' SEVERASIETY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. b* AN EFFECTIVE DATE. will consider at a public headng aoopuon elements: Future LanO Use Element AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING THE CITY'S LAND DEVELOPMENT REGULATIONS IN ORDER TO CREATE A NEW MULTIFAMILY RESIDENTIAL ZONING DISTRICT ENTITLED RMF3B, MULTIFAMILY MEDIUM DENSITY RESIDENTIAL DISTRICT, PERMITTING THIRTY-FIVE (35) DWELLING UNITS PER ACRE AND ACCOMPANYING SITE DEVELOPMENT STANDARDS; AMENDMENT OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN ORDER TO PROVIDE FOR ADDITIONAL AND REVISED SITE DEVELOPMENT STANDARDS IN THE RMF3A, MULTIFAMILY MEDIUM DENSITY RESIDENTIAL DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION !N '[HE CODE; PROVIDING FOR AN EFFECTIVE DATE. ' Develooment Element. The Public Heanngs will be held at City of Aventura Governmeet Center, 19200 West Country Club Drive, Aventura, Florida 3318~. The proposed Ordinances may be inspected by the public at Office of the City Clerk. 19200. West Country Club Drive, Aventura. Florida. Interestea carries may appear at the Pubt~.c Hearir~g ano De nearo w~m respect to me proposed Ordinances..). In accoroance.with the 'Americans With Disabilities Act of 1'99~j al oersons who are disab ec and who need sceci~,l accommodations to participate in tins proceeding because'(~f that disability should contact the Office of me City Clerk, 466-8901. not ater than two business days 3nor to su,~.p - proceedings. ;.~ ~a 2erson decides to appeal any oee~slon.maoe by the C~y Commission. as Local Planning Agency o~r as the governing oooy, with resoect to any matter considered at a meeting o~ hearing, mat eerson will need a record of the proceedings and, foe such DUrDOSe. may need to ensure mat a verbatim record of the croceedings is made. which recoro incluoes the testimony ev~oence u:3on which the aoDeal is to be baseo, o - Teresa M. Soroka. CMC. Cityi~lerk~,_ · CITY OF AVENTURA NOTICE OF AMENDMENT OF CITY'S COMPREHENSIVE PLAN Public NOtice ' hereby given that the City Commission of t~e City of Aventura will meet in a public hearing on Tuesday, November 6, 2001 at 6:00 pm to consider final adoption of the following Ordinance: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN OFTHE CITY OF AVENTURA BY AMENDING THE .· FUTURE LAND USE MAP DESIGNATION , FOR THREE (3) PARCELS LOCATED AT 2950, 3025 AND 3161 NE 188 STREET FROM INDUSTRIAL AND OFFICE .TO MEDIUM HIGH DENSITY RESIDENTIAL; PROVIDING FOR TRANSMI'I-FAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR AN EFFECTIVE DATE. The Public Hearing will be held at City of Aventura Government Center, 19200 West Country Club Drive, Aventura, Florida 33180. The proposed Ordinance may be inspected by the pub c at the Off[ce of the City Clerk, 19200 West Country Club Drive, Aventura, Florida nterested parties may appear at the Public H_.earing and be heard with respect to the proposed urdinance, In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this proceeding because. of that disability should contact the Off~ce of the City Clerk, (305) 466-8901, not later than two business days prior to such proceedings. If a person decides to appeal any decision made by the City Commission, as Local Plann ng Agency, or as the governing body with respect to any matter considered at a meeting or hearing, thatper$on will need a record of the proceedings and, lot 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. eresa M. Soroka, CMC, City Clerk