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2004-02 ORDINANCE NO. 2004-02 AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING SECTION 31-144(f), MO DISTRICT, TO PROVIDE FOR REVISED SETBACKS, LOT COVERAGE, OPEN SPACE AND MINIMUM LOT SIZE, ADDITIONAL CONDITIONAL USES, STREETSCAPE DESIGN STANDARDS AND URBAN DESIGN STANDARDS FOR THOSE LANDS LYING BETWEEN NE 206 STREET TO THE SOUTH, NE 209 STREET TO THE NORTH, NE 28 AVENUE TO THE EAST AND EAST DIXIE HIGHWAY TO THE WEST; 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 revised site development standards, design standards and additional conditional uses for redevelopment of the south portion of the City's "Hospital District" ; 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. Ordinance No. 2004-02 Page 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. That Section 31-144(f) of the City's Land Development Regulations are hereby amended so as to provide for additional conditional uses, revised minimum lot size, lot coverage, open space and yard setbacks, streetscape design standards and urban design standards, for those properties lying between NE 206 Street to the south, NE 209 Street to the north, NE 28 Avenue to the east and East Dixie Highway to the west, as follows1: Sec. 31-144(f) Medical Office (MO) District (2) Conditional use. h For those properties Iyinq between NE 206 Street to the south. NE 209 Street to the north. NE 28 Avenue to the east and East Dixie Hiqhway to the west. the followinq additional uses may be permitted if first approved as a conditional use: ~ Uses that exceed the maximum floor area ratio. Q., Uses that do not meet the open space requirements of this district. upon payment of a fee-in-lieu of open space to be used for public park improvements. The amount of such fee shall be determined by the City Manaqer based on the appraised value of the land and the amount of reduction in open space requested. provided. however. that the amount of open space shall not be reduced below fifteen percent of the total lot area and that the development complies with the Streetscape Desiqn Standards of this section. (4)a. Minimum lot area and width. The minimum frontage requirements shall be 100 feet, with a minimum lot area of 1.5 acres including right-of-way dedications. For those properties Iyinq between NE 206 Street to the south. NE 209 Street to the north. NE 28 Avenue to the east and East Dixie Hiqhway to the west. the followinq standard shall apply: The minimum frontaqe requirement shall be 100 feet with a minimum lot area of 0.5 acres. (4)c. Setbacks: 1 Underlined provisions constitute proposed additions to existing text; striskeR tRrÐ~¡¡R provisions indicate proposed deletions from existing text. Ordinance No. 2004-02 Page 3 No parking areas shall be located within 30 feet of any residentially zoned property or within ten feet of any street line. For purposes of this paragraph C., structure parking incorporated within the building envelope shall count towards the number of stories. 4. For those properties Ivina between NE 206 Street to the south. NE 209 Street to the north. NE 28 Avenue to the east and East Dixie Hiqhway to the west. the followinq standards shall apply: ~ No parkinq areas shall be located within 30 feet of anv residentiallv zoned property or within ten feet of any street line Q., Minimum front vard setback shall be 10 feet in depth for the first two stories of the structure and 15 feet in depth for any additional stories. ç. Minimum street side yard setback shall be 10 feet in depth for the first two stories and 15 feet for additional stories. Q., Minimum rear yard setback shall be 10 feet in depth. except that the minimum yard setback from Biscayne Boulevard in this district shall be 25 feet in depth. (4)d. Floor Area Ratio, Lot Coverage and Minimum Landscaped Open Space Requirements: For purposes of this paragraph e g., structure parking shall not count as part of the floor area, but may be counted towards calculation of the floor area ratio. 5. For those properties Iyinq between NE 206 Street to the south. NE 209 Street to the north. NE 28 Avenue to the east and East Dixie Hiahwav to the west. the followinq standards shall apply: The maximum floor area ratio shall be 0.40 at one stOry and shall be increased by 0.11 for each additional stOry. The total lot coveraqe permitted for all buildinqs on the site shall not exceed 40 percent of the total lot area. The minimum landscaped open space required shall be 33 percent of the total lot area. f7) Streetscaoe DesiGn Standards For those properties Iyinq between NE 206 Street to the south. NE 209 Street to the north. NE 28 Avenue to the east and East Dixie Hiqhway to the west. each applicant for a development permit under this section shall construct the streetscape across the entire street frontaqe(s) of its parcel in accordance with the "Hospital District Streetscape Desiqn Standards" as provided by the City Manaqer. Streetscape improvements shall be counted towards open space requirements. provided that the improvements comply with the desiqn standards of this section. fa) Urban DesiGn Standards Ordinance No. 2004-02 Page 4 For those properties Iyinq between NE 206 Street to the south. NE 209 Street to the north. NE 28 Avenue to the east and East Dixie Hiqhway to the west. the followinq concepts shall quide development in this district. in addition to other applicable architectural desiqn standards found in these Land Development Reaulations: a.Urban Desiqn Features, includinq. but not limited to. connected pedestrian walkwavs. surface parkinq areas in the rear of principal buildinas. buildinq orientation to the front street. use of awninqs and canopies. chances in massinq in the buildinq form. includinq. but not limited to. facades and rooflines. b.Exterior colors used shall be liqht earth tone schemes or other color palette that mav be approved bv the City Commission. 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 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. Ordinance No. 2004-02 Page 5 The foregoing Ordinance was offered by Commissioner Diamond, who moved its adoption on first reading. This motion was seconded by Commissioner Cohen and upon being put to a vote, the vote was as follows: Commissioner lev Auerbach Commissioner Robert Diamond Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Vice Mayor Jay R. Beskin Mayor Jeffrey M. Perlow yes yes yes absent yes yes yes The foregoing Ordinance was offered by Commissioner Diamond, who moved its adoption on second reading. This motion was seconded by Commissioner Cohen and upon being put to a vote, the vote was as follows: Commissioner lev Auerbach Commissioner Robert Diamond Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Vice Mayor Jay R. Beskin Mayor Jeffrey M. Perlow yes yes yes yes yes yes yes PASSED on first reading this 20th day of November, 2003. Ordinance No. 2004-02 Page 6 PASSED AND ADOPTED on second reading this 6th day of January, 2004. ~~~ J FREY M. PERLOW, MAYOR APPROVED AS TO L f, AL SUFFICIENCY: CITY ATTORNEY This Ordinance was filed in the Office of the City Clerk this :JJ!}day of January, 2004.