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2005-08 ORDINANCE NO. 2005-08 AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING SECTION 31-144(b) "NEIGHBORHOOD BUSINESS (B1) DISTRICT" OF CHAPTER 31 "LAND DEVELOPMENT REGULATIONS" OF THE CITY CODE; TO PERMIT DRY CLEANING TO BE CONDUCTED ON PREMISES AS A CONDITIONAL USE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura is desirous of amending the City's Land Development Regulations of the City Code to permit dry cleaning to be conducted on premises in the 81 zoning district as a conditional use; 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 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: Section 1. Recitals AdoDted. hereby adopted and confirmed. That each of the above-stated recitals are Section 2. Code Amended. That Section 31-144(b) "Neighborhood Business (B1) District" of Chapter 31 "Land Development Regulations" of the City Code is hereby amended by creating paragraph 2(f) to read, as follows1: 1 Underlined provisions constitute proposed additions to existing City Code text; slFiakaA tRra~¡¡A provisions indicate proposed deletions from existing City Code text. Ordinance No. 2005- 08 Page 2 (b) Neighborhood Business (B1) District. *** (2) Conditional use. The following uses may be established if first approved as a conditional use: t Drv cleanina conducted on premises onlv if the dry cleanina services are beina directlv provided to the ultimate consumer as a retail service. (Wholesale dry cleanina services are not permitted.) Such dry cleanina establishments must only use Class IliA. Class 1118 or Class IV solvents as defined in NFPA 32. The dry cleanina equipment shall be self-contained. completely enclosed and equipped with solvent recovery units which prevent emissions of obiectionable odors or effluents. and provided that such dry cleanina establishments must contain not more than 2.500 square feet of floor area. *** Section 3. Severabilitv. 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 relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Ordinance No. 2005- 08 Page 3 Section 5. Effective Date. This Ordinance shall be effectiye 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 Diamond, and upon being put to a vote, the vote was as follows: Commissioner Bob Diamond Commissioner Harry Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbàez Weinberg Vice Mayor Zev Auerbach Mayor Susan Gottlieb yes yes yes yes yes no no The foregoing Ordinance was offered by Commissioner Holzberg, who moved its adoption on second reading. This motion was seconded by Commissioner Joel and upon being put to a vote, the vote was as follows: Commissioner Bob Diamond Commissioner Harry Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbàez Weinberg Vice Mayor Zev Auerbach Mayor Susan Gottlieb yes yes yes yes yes no no PASSED AND ADOPTED on first reading this 7th day of June, 2005. Ordinance No. 2005-~ Page 4 PASSED AND ADOPTED on second reading this 6th day of July, 2005. ~z~ ¿~ usan Gottlieb, llifayor Approved as to Form and Legal Sufficiency: Mf~~ City Attorney This Ordinance was filed in the Office of the City Clerk this r-day of July, 2005.