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2012-10 ORDINANCE NO. 2012-10 AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING SECTION 31-144(f) "MEDICAL OFFICE (MO) DISTRICT" OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ADD "SELF SERVICE STORAGE FACILITIES WITH A MINIMUM LOT AREA OF 1.5 ACRES" AS A CONDITIONAL USE IN THE DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura is desirous of amending Section 31-144(f) of the City's Land Development Regulations to permit self service storage facilities with a minimum lot area of 1.5 acres as a conditional use in the Medical Office (MO) zoning 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 proposed amendment pursuant to the required public hearing and has recommended approval to the City Commission; and WHEREAS, the City Commission has reviewed the proposed amendment, and finds that it is in the best interests of the public to amend Section 31-144(f) of the City's Land Development Regulations, as set forth in this Ordinance; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with law; and WHEREAS, the City Commission has reviewed the action set forth in the Ordinance and has determined that such action is consistent with the Comprehensive Plan. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Recitals. The foregoing whereas clauses are hereby ratified and incorporated within this Ordinance. Section 2. Section 31-144 (f), "Medical Office (MO) District" of the Land Development Regulations is hereby amended as follows': Underlined provisions constitute proposed additions to existing text; text without underline or strike- through constitute existing text. Ordinance No. 2012-10 Page 2 Sec. 31-144. Business Zoning Districts. * * * (f) Medical Office (MO) District. This district is intended to provide for medical offices and other uses supporting the medical profession associated with the hospital. This zoning district may be applied to land designated Business and Office on the City's Future Land Use Map, however the uses within this district shall be consistent with, but may be more restrictive than, the corresponding Business and Office category permitted uses. (1) 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 specific uses: * * * (2) Conditional Use. The following uses if first approved as a conditional use: a. Business-related schools. b. Multi-family residential uses with a maximum density of 35 dwelling units per gross acre and within a minimum lot area of two acres. c. Uses that exceed the height limitations. d. Retail uses with a minimum lot area of two gross acres. e. Drive-through facility. f. Heliport landing site. g. Automobile parking garages, exceeding two stories but not over six stories in height, as a stand-alone use. h. All uses permitted in the CF District. i. 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, the following additional uses may be permitted if first approved as a conditional use: 1. Uses that exceed the maximum floor area ratio. Ordinance No. 2012-10 Page 3 2. Uses that do not meet the open space requirements of the 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 Manager 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 15 percent of the total lot area and that the development complies with the Streetscape Design Standards of this section. I. Self service storage facilities with a minimum lot area of 1.5 acres. k. For buildings that attain LEED® Gold or Platinum certification as provided in Article VI of Chapter 14 of the City Code, increased lo coverage, provided that a green roof and/or green rooftop amenities are provided and maintained for the common benefit of building occupants; and; that increased Florida-Friendly tree canopy and Florida-Friendly plantings designed to calm the heat island effect are located on site, all in an amount equal to the requested increased lot coverage. I,,I_For buildings that attain LEED® Gold or Platinum certification as provided in Article VI of Chapter 14 of the City Code, increased floor area ratio, not to exceed a floor area ratio of 2.0. 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 but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Aventura; that the sections of this Ordinance may be renumbered or re-lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Ordinance No. 2012-10 Page 4 Section 5. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner Joel, who moved its adoption on first reading. This motion was seconded by Commissioner Weinberg, and upon being put to a vote was as follows: Commissioner Zev Auerbach yes Commissioner Bob Diamond yes Commissioner Billy Joel yes Commissioner Michael Stern yes Commissioner Luz Urbaez Weinberg yes Vice Mayor Teri Holzberg yes Mayor Susan Gottlieb yes The foregoing Ordinance was offered by Weinberg, who moved its adoption on second reading. This motion was seconded by Auerbach, and upon being put to a vote was as follows: Commissioner Zev Auerbach yes Commissioner Bob Diamond no Commissioner Billy Joel yes Commissioner Michael Stern yes Commissioner Luz Urbaez Weinberg yes Vice Mayor Teri Holzberg absent Mayor Susan Gottlieb yes PASSED on first reading this 10th day of July, 2012. t Ordinance No. 2012- 10 Page 5 PASSED AND ADOPTED on second reading this 7— day • ,._,_,/ l-,,,2012. t , SdrA -GOTTLIE;, MAYOR A ;BEST: ii I AlA I, LEI , 'ESA M. SRO ' , MMC ■ CLERK APP OVED AS LEGP� SUFFICIENCY: (� / CITY ATTORNEY / This Ordinance was filed in the Office of the City Clerk this 4 day • ►,_,, /--2012.