2002-20ORDINANCE NO. 2002-20
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING PARAGRAPH (b) OF SECTION 31-145 "TOWN
CENTER DISTRICT (TC1) OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO ADD CONDITIONAL
USE REGULATIONS REGARDING MINIMUM FLOOR
AREAS, ALLOCATIONS OF INTERIOR SPACE,
STRUCTURED PARKING REQUIREMENTS, DRIVEWAY
STANDARDS AND OFF-STREET PARKING
REQUIREMENTS IN THE TC1 ZONING DISTRICT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Aventura is desirous of amending the City's Land
Development Regulations to provide additional language and/or to clarify certain
sections of the Code; and
WHEREAS, the City Commission has been designated as the local planning
agency for the City pursuant to Section 163.3174, Florida Statutes; and
WHEREAS, the Local Planning Agency has reviewed the application pursuant to
the required public hearing and has recommended approval to the City Commission;
and
WHEREAS, the City Commission has held the required public hearings, duly
noticed in accordance with law; and
WHEREAS, the City Commission has reviewed the action set forth in this
Ordinance and has determined that such action is consistent with the Comprehensive
Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA THAT:
Ordinance No. 2002 -20
Page 2
Section 1. Paragraph (b), "Town Center District (TC1)" of Section 31-145 "Town
Center Zoning Districts" of the City's Land Development Regulations is hereby
amended as follows:~
Sec. 31-145. Town Center Zoning Districts...
(b) Town Center District (TC1). The following regulations shall apply to all TC1
Districts:
(3) Conditional Uses Permitted: The following uses may be established if first
approved as a conditional use:
a. Those uses permitted in the RMF3 District.
b. Those uses permitted in the B1 District.
c. Sale of alcoholic beverages for on-premises consumption except with
meals.
d. Uses that exceed the height limitations, including parking structures.
e. Aboveground storage tanks. Aboveground storage tanks (AST) only
as an accessory use and only for the purpose of storing fuel for
emergency generators. ASTs must conform to the following
requirements:
1. Be of 550 gallons capacity or less.
2. Be installed and operated under a valid permit from the
Miami-Dade County Department of Environmental Resources
Management.
3. 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.
4. Be located in a manner consistent with the site development
standards of the TCl zoning district.
5. 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
~ Underlined provisions constitute proposed additions to existing text; c-'-~ckzn ~..~,c',:gk provisions indicate proposed
deletions from existing text.
Ordinance No. 2002 -20
Page 3
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. Floor areas that are less than the minimum floor areas required by the
provisions of 31-145(5).q hereof.
.q. Allocations of interior spaces other than as set forth in Section 31-
145(b)(7) hereof.
h. Structured parking that is not incorporated into the building envelope
of a primary use structure, as required by Section 31-145(9) hereof.
i. Structured parking that can be seen from a primary use building and
that does not have the area of the top level landscaped and/or
decoratively paved in order to provide amenity areas for building
occupants, as required by Section 31-238 of this Code.
i. Driveways for mixed-use projects exceeding twenty (20) acres in size
with a separation of less than 150 feet of landscaped fronta,qe as Ionq
as it is determined, as part of site plan review that:
i. landscaping for the total project site exceeds the minimum
requirements of this Code, and;
ii. traffic studies indicate that a lesser distance between driveways
does not constitute a safety hazard to either vehicular or pedestrian
traffic.
Off street parkinq that does not meet the requirements of Section 31-
171 (b) or (d) of this Code.
Section 2. 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 but they
shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 3. 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
Ordinance No. 2002 -20
Page 4
part of the Code of the City of Aventura; that the sections of this Ordinance may be
renumbered or relettered to accomplish such intentions; and that the word "Ordinance"
shall be changed to "Section" or other appropriate word.
Section 4. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Commissioner Holzberg, who moved its
adoption on first reading. This motion was seconded by Commissioner Rogers-Libert,
and upon being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Jeffrey M. Perlow
yes
yes
yes
yes
yes
yes
yes
The foregoing Ordinance was offered by Commissioner Rogers-Libert, who
moved its adoption on second reading. This motion was seconded by Commissioner
Holzberg,,and upon being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Jeffrey M. Periow
yes
yes
yes
yes
yes
yes
yes
PASSED on first reading this 2nd day of July, 2002.
Ordinance No. 2002 -20
Page 5
PASSED AND ADOPTED on second reading 3rd day of September, 2002.
TE~SA M. SO~611~, C~lC
ClT~ CLERK ~
d, d, d, d,~F-~E'~ M.
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY