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2004-16 ORDINANCE NO. 2004-16 AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, TO AMEND SECTION 31-143(e) "MULTIFAMILY MEDIUM DENSITY RESIDENTIAL DISTRICTS (RMF3A)" OF THE CITY'S LAND DEVELOPMENT REGULATIONS AND TO AMEND SECTION 31-143(g) "MULTIFAMILY MEDIUM DENSITY RESIDENTIAL DISTRICT (RMF3B)" OF THE CITY'S LAND DEVELOPMENT REGULATIONS BY DELETING THE REQUIREMENT FOR MEDITERRANEAN DESIGN FEATURES AND BY DELETING THE PROVISION FOR CONDITIONAL USE APPROVAL OF ARCHITECTURAL STYLES OTHER THAN MEDITERRANEAN DESIGN FOR PROPERTIES IN THE RMF3A AND RMF3B ZONING DISTRICTS; 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 allow architectural styles other than Mediterranean design for properties in the RMF3A and RMF3B zoning districts; 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 proposed amendments pursuant to the required public hearing and has recommended approval to the City Commission; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with law; and WHEREAS, the City Commission has reviewed the action set forth in this Ordinance and has determined that such action is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE Ordinance No. 2004-16 Page 2 CITY OF AVENTURA, FLORIDA, THAT: Section 1. Section 31-143(e), Paragraph (5) of the City's Land Development Regulations is hereby deleted as follows 1: (e) Multifamily Medium Density Residential Districts (RMF3A). regulations shall apply to all RMF3A Districts: (see Exhibit #2) The following (5) ArchitectIJr:l1 oosign stanfia."fis. For these ¡are¡aerties en þJE 188 Street, tl:1e following concopts shall guiåe åevele¡ament in tl:1is åistrisl. in aåaitien te ell:1er applicaBle afSRitestural aesi! n stanaaras feunå in the lane De...ele¡ament Re! ulatiens: a. Meaiterranean aesi! n features shall be usee insluaing, but not limitea te barrel tile reefs. CRan! eS in massin! in tl:1e Builain! ferm(s) gRaIl be incorporated in tRe e'/erall aevele¡ament design incluain! . But net limitea te fasaåes ana reeflines. .'\rsRiteslural ¡arejestiens sl:1all be inserporalod inte the Builain! design including, but net limitea Ie a"min! s. sane¡aies, balsenies ana selumns. ÉJEterier selers usee gRaIl be li! Rt eaFtR tene ssl:1emes er other color palettes that may be a¡a¡are'/ea By tRe City Cemmissien. B. s. d. Section 2. Section 31-143(g), Paragraph (6) of the City's Land Development Regulations is hereby deleted as follows 1: (g) Multifamily Medium Density Residential Districts (RMF3B). The following regulations shall apply to all RMF3B districts: (see Exhibit #3) (€i) Arcf:JitectIJraJ fie6,igR &tanfiarfi&. TRe felle'l.'in! sense¡ats shall ! uide aevele¡ament in tRig aistrist, in aaaitien Ie etl:1er a¡a¡alisable arGRitestural aesi! n stanaarås found in tho Lana Devele¡ament Re! ulaliens: a. Meaitemmean aesign features shall Be usoå insluain! , but net limited te barrel tile reefs. 1 Underlined provisions constitute proposed additions to existing text; striskeR tRreW¡ R provisions indicate proposed deletions from existing text. Ordinance No. 2004-16 Page 3 a. Changes in massing in the Builåin! ferm(s) gRaIl Be insor¡aer.atea in tAe everall aÐ\'ele¡ament aesi! n insluaing, but net limited to facades anå reoflines. Architestural ¡arejestiens shall be inser¡aeratoa into tRe builaing desi§n insluain§, eut not limitea te awnings, canopies, balconios and columns. EJEtorier solors used shall be IigRt eaFtR tens sshomos or otRor soler ¡aalettes tl:1at may eo a¡a¡arevod by tho City Commissien. e. G. Section 3. Section 31-143(g), Paragraph (9)i. of the City's Land Development Regulations is hereby deleted as follows 1: (9) Bonus height provisions. If the applicant for a development permit under this section 31-143(g) proposes to dedicate land to the City for educational, recreational or cultural municipal purposes, which land is acceptable to the City Commission, the City Commission may approve a bonus height for any multifamily building not to exceed a maximum of 11 stories or 135 feet, subject to the provisions hereof. Where the Commission approves such bonus height, the following standards shall apply: i. As ¡aart ef tRe sonditienallJse a¡a¡are'/al, tRe City Commmissien may a¡a¡areve aFchitestlJral aesi! n stanaaFas other than tRe Meaiterranean aesi! n features required unaer Sestien 31 143(g)(ê)a. ef tRe Land Develo¡ament Re! lJlatiens. Section 4. This ordinance shall not be construed to affect any conditional use approval previously granted pursuant to Section 31-143(g)(9) and the conditions of such conditional use approval shall remain in full force and effect. Section 5. 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 Ordinance No. 2004-16 Page 4 stand notwithstanding the invalidity of any part. Section 6. 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 7. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner Cohen who moved its adoption on first reading. This motion was seconded by Commissioner Beskin, and upon being put to a vote, the vote was as follows: Commissioner lev Auerbach Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Vice Mayor Bob Diamond Mayor Jeffrey M. Perlow yes yes yes yes yes yes absent from the room The foregoing Ordinance was offered by Commissioner Holzberg, who moved its adoption on second reading. This motion was seconded by Commissioner Grossman and upon being put to a vote, the vote was as follows: Commissioner lev Auerbach Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Vice Mayor Bob Diamond Mayor Jeffrey M. Perlow yes yes yes yes yes yes absent from the room PASSED on first reading this 7th day of September, 2004. Ordinance No. 2004-16 Page 5 PASSED AND ADOPTED on second reading this 21st day of September, 2004. <~ ~~~ '130B DIAMOND, VICE MAYOR APPRO;:; ~ L~IENCY: CITY ATTORNEY This Ordinance was filed in the Office of the City Clerk this 22nd day of September, 2004.