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Ordinance No. 2018-13 Amending Comprehensive Plan to Add Limited Service Hotel in Combination with Multifamily Residential Use to List of Permitted Housing Structures - September 4, 2018 ORDINANCE NO. 2018-13 AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY OF AVENTURA COMPREHENSIVE PLAN BY AMENDING POLICY 2.1 OF OBJECTIVE 2 OF THE LAND USE GOAL IN THE FUTURE LAND USE ELEMENT TO ADD LIMITED SERVICE HOTEL IN COMBINATION WITH MULTIFAMILY RESIDENTIAL USE TO THE LIST OF PERMITTED HOUSING STRUCTURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Department of Community Affairs of the State of Florida found in compliance the City of Aventura Comprehensive Plan (the "Plan") in December 2014; and WHEREAS, the applicant, Granite Aventura LLC, through Application No. 01-CPA- 18, has made application to the City of Aventura to add limited service hotel in combination with multifamily residential use to Policy 2.1 of Objective 2 of the Land Use Goal in the Future Land Use Element of the City of Aventura Comprehensive Plan; and WHEREAS, the applicant, Granite Aventura LLC, through Application No. 02-LDR- 18, has made concurrent application to the City of Aventura to amend Section 31- 143(f)(2a) of the City's Land Development Regulations to add limited service hotel in combination with multifamily residential use as a conditional use in the Multifamily High Density Residential (RMF4) District, which application is contingent upon the comprehensive plan amendment transmitted becoming effective; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with law; and WHEREAS, the Plan amendment will not result in impacts on any infrastructure system that will exceed established level of service standards and is otherwise consistent with the goals, objectives and policies of the Plan; and WHEREAS, the City Commission believes it is in the best interest of the public to amend Policy 2.1 of Objective 2 of the Land Use Goal in the Future Land Use Element City of Aventura Ordinance No. 2018 -13 to add limited service hotel in combination with multifamily residential use; and WHEREAS, the City Commission believes the amendment will maintain the unique aesthetic character of the City and improve the quality of life for its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Findings. That the foregoing "Whereas" clauses are hereby ratified and incorporated as the legislative intent of this Ordinance. Section 2. Amendment to the Comprehensive Plan. That Policy 2.1 of Objective 2 of the Land Use Goal in the Future Land Use Element of the City of Aventura Comprehensive Plan is hereby amended as follows': "FUTURE LAND USE ELEMENT LAND USE GOAL Provide the best possible distribution of land use and services to meet the physical, social, cultural and economic needs of the present and future populations of the City. OBJECTIVE 2 The following land use densities, intensities and approaches shall be incorporated in the Land Development Regulations. Measure: Incorporation of the stated land use designations into the Land Development Regulations. *** Policy 2.1 The Future Land Use map shall identify all residential land as one of the following Residential Land Use Categories: *** ' Underlined text indicates additions. Stricken-through text indicates deletions. Page 2 of 5 City of Aventura Ordinance No. 2018 -13 Medium-High Density. This category allows a range of densities from 25 to 60 dwelling units per gross acre. In this category, the height of the buildings, and therefore, the attainment of densities approaching the maximum depends to a great extent on the dimensions of the site, conditions such as location and availability services, zoning, type of housing structure, the ability to provide sufficient off-street parking, and the compatibility with and impact of the development on surrounding areas. The type of housing structure typically permitted in this category includes low, medium, and high-rise apartments, but may also include single family detached, duplexes, triplexes, quadruplexesl a townhouses, and Limited-Service Hotel in combination with Multifamily Residential Use. Additionally, the height of the buildings and attainment of densities approaching the maximum shall also be contingent on the ability of the developer to ensure appropriate transitions and buffers with the surrounding neighborhood, and to alleviate impacts that will adversely impact service levels and quality of life." Section 3. Severability. That 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 Comprehensive Plan. That it is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Comprehensive Plan of the City of Aventura. Section 5. Transmittal. The City Clerk is directed to transmit the amendment to the State of Florida Department of Economic Opportunity and to all review agencies required by Section 163.3184 of the Florida Statutes. Section 6. Effective Date. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If the amendment is timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final Page 3 of 5 City of Aventura Ordinance No. 2018 -13 order determining this adopted amendment to be in compliance. No development orders, development permits, or development dependent on this amendment may be issued or commence before it has become effective. The foregoing Ordinance was offered by Commissioner Shelley, who moved its adoption on first reading. This motion was seconded by Vice Mayor Mezrahi, and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Yes Commissioner Dr. Linda Marks Yes Commissioner Marc Narotsky Yes Commissioner Robert Shelley Yes Commissioner Howard Weinberg Yes Vice Mayor Gladys Mezrahi Yes Mayor Enid Weisman Yes The foregoing Ordinance was offered by Commissioner Shelley, who moved its adoption on second reading. This motion was seconded by Commissioner Landman, and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Yes Commissioner Dr. Linda Marks Yes Commissioner Marc Narotsky Yes Commissioner Robert Shelley Yes Commissioner Howard Weinberg Yes Vice Mayor Gladys Mezrahi Yes Mayor Enid Weisman Yes Page 4 of 5 City of Aventura Ordinance No. 2018 -13 PASSED on first reading this 10th of July, 2018. PASSED AND ADOPTED on second reading this 4th day of September, 2018. ENID WEISMAN, MAYOR `�\ \\ i t IBJ' �'l l`1``1. ATTEST: ELLISA L. HORVATH, C CITY CLERK APPROVED AS TO LEGAL SUFICIENCY: t/4 141.°\ k-A'n CITY ATTORNEY Page 5 of 5