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2007-04 ORDINANCE NO. 2007- 04 AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING SECTION 31-171(e) "DRIVE THROUGH SERVICE WINDOWS" OF THE CITY'S LAND DEVELOPMENT REGULATIONS, TO REVISE REQUIRED VEHICLE STACKING SPACES FOR GATEHOUSES AND CONTROLLED ENTRIES AND TO PROVIDE THE MINIMUM REQUIRED SIZE OF VEHICLE STACKING SPACE; 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 revise the number of required vehicle stacking spaces at gatehouses and controlled entries and to provide a minimum required size of stacking space in all 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 CITY OF AVENTURA, FLORIDA, THAT: Section 1. Section 31-171(e) of the City's Land Development Regulations is hereby amended as follows 1: 1 Underlined provisions constitute proposed additions to existing text; striGk9R thr9l::lsh provisions indicate proposed deletions from existing text. Ordinance No. 2007 - 04 Page 2 Sec. 31-171. Off-street parking and loading standards. (e) Drive-through service windows, qatehouses and controlled entries. Businesses that provide a drive-through service are required to provide a drive-through service lane or lanes, whether for stacking or queuing, as separate and distinct lanes from the circulation lanes necessary for entering or exiting the property. Each drive-through lane shall be separated from other on-site lanes. Each such drive-through lane shall be curbed, striped, marked or otherwise distinctly delineated. A separate and distinct escape lane shall be provided. A public street or alley shall not be counted as an escape lane. Drive-through lanes and escape lanes shall not conflict, or otherwise hamper access, to or from any parking space. Pedestrian walkways shall be clearly separated from drive-through lanes. Gatehouses or controlled entries shall provide stackino at the entry to the development as provided in the table below. No oatehouse or controlled entry shall be established until such use has been approved by the City Manaoer and has received all other permits required by these LDRs. An Application for Entry Feature Approval for such oatehouse or controlled entry shall be filed with the Community Development Department on the forms provided by the Department. (1) Specifications. Stacking spaces necessary for the provisions of drive- through lanes and Qatehouses and controlled entries shall be determined using the following table. Stacking area shall be provided at the first required stopping area, such as the ordering board of a restaurant. If a second stopping area is required, such as a delivery and cashiering window, auxiliary stacking area shall be provided in the indicated amounts. No vehicle shall stack in the public rioht-of- way or in the area desianated for off-street parkina. (2) Stackina Soace Size. Stackina spaces required by this section shall be no less than 12 feet wide and 20 feet lona. Type of Facility utomatic teller machine Bank ar wash s accessory use rimary Stacking per service lane per service lane per service lane per service lane uxiliary Stacking 1 per service lane 1 per service lane per service lane 1 per service lane Ordinance No. 2007 - 04 Page 3 Laundry, dry leaners Pharmacies Restaurant ideo rental 1 per service lane per service lane per service lane per service lane 1 per service lane per service lane 1 per service lane 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. Ordinance No. 2007 - 04 Page 4 Section 4. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner Stern, who moved its adoption on first reading. This motion was seconded by Commissioner Joel, and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach yes Commissioner Bob Diamond yes Commissioner Luz Urbaez Weinberg yes Commissioner Billy Joel yes Commissioner Michael Stern yes Vice Mayor Harry Holzberg yes Mayor Susan Gottlieb yes The foregoing Ordinance was offered by Commissioner Diamond, who moved its adoption on second reading. This motion was seconded by Commissioner Auerbach, and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach yes Commissioner Bob Diamond yes Commissioner Luz Urbaez Weinberg yes Commissioner Billy Joel yes Commissioner Michael Stern yes Vice Mayor Harry Holzberg yes Mayor Susan Gottlieb yes Ordinance No, 2007 - JtL Page 5 PASSED on first reading this 9th day of January, 2007. PASSED AND ADOPTED on second reading this~ day of ~hru4 APPROVED AS TO LEGAL SUFFICIENCY: Nf~L_Ar CITY ATTORNEY ~0 filed 'n the Office of the City Clerk this JL day of ~IlU(t, 2007.