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11-12-2002 A~ ,A ''''''f~/- Loc2J p&nni<J,. ~w Jeffrey M. Perlow, Mayor City M.~,r Eric M. Soroka Arthur Berger Jay R. Beskin Ken Cohen Manny Grossman Harry Holzberg Patricia Rogers.Libert City Clerk Teresa M. Soroka, CMC au AlIomw Weiss Serota Helfman Pastoriza & Guedes LOCAL PLANNING AGENCY AGENDA NOVEMBER 12, 2002 - 6 PM Government Center 19200 West Country Club Drive Aventura, Florida 33180 1. CALL TO ORDERIROLL CALL 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF MINUTES: July 2, 2002 LP A Hearing 4. PUBLIC HEARING: MOTION RECOMMENDING ADOPTION OF THE FOLLOWING ORDINANCE: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING PARAGRAPH (b) OF SECTION 31-143 "RSl" DISTRICT, PARAGRAPH (0) OF SECTION 31-143 "RS2" DISTRICT, PARAGRAPH (d) OF SECTION 31-143 "RMF3" DISTRICT, PARAGRAPH (0) OF SECTION 31-143 "RMF3A" DISTRICT, PARAGRAPH (I) OF SECTION 143 "RMF4" DISTRICT, PARAGRAPH (g) OF SECTION 143 "RMF3B" DISTRICT, PARAGRAPH (b) OF SECTION 31-144 "Bl" DISTRICT, PARAGRAPH (0) OF SECTION 31-144 "B2" DISTRICT, PARAGRAPH (d) OF SECTION 31-144 "B3" DISTRICT, PARAGRAPH (0) OF SECTION 31-144 "OP" DISTRICT, PARAGRAPH (I) OF SECTION 31-144 "MO" DISTRICT, PARAGRAPH (b) OF SECTION 31-145 "TCl" DISTRICT, PARAGRAPH (0) OF SECTION 31-145 "TC2" DISTRICT IN ALL CASES TO DELETE COMMUNITY FACILITY (CF) USES AS PERMITTED USES AND ADD COMMUNITY FACILITY (CF) USES AS CONDITIONAL USES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. 5. ADJOURNMENT. This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate io this meeting because of that disability should (ontad tbe Office of the City Clerk. 305-466-8901, not later than two days prior to such proceeding. Anyone wishing to appeal any decision made by the City of Aventura Local Planning Agency with resped to any matter considered at such meeting or hearing will need a retord of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings Is made, which reeord includes the testimony and evidence upon which the appeal Is to be based. Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 19200 West Country Club Drive. Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contad the City Clerk at 305466-8901. One or more members of the City of Aventura Advisory Boards may also be in attendance. ~ . MINUTES LOCAL PLANNING AGENCY MEETING JULY 2, 2002 6 PM Government Center 19200 W. Country Club Drive Aventura, Florida 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by Mayor Jeffrey M. Perlow. Present were Commissioners Jay R. Beskin, Ken Cohen, Manny Grossman, Harry Holzberg, Patricia Rogers-Libert, Vice Mayor Arthur Berger, Mayor Perlow, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka, and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Clifford Schulman, Esq. led the pledge of allegiance. 3. APPROVAL OF MINUTES: A motion to approve the minutes of the May 7, 2002 LPA Hearing was offered by Commissioner Rogers-Libert, seconded by Commissioner Grossman and unanimously passed. 4. PUBLIC HEARING: MOTION RECOMMENDING ADOPTION OF THE FOLLOWING ORDINANCES: A. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING SECTION 31-21 "DEFINITIONS" OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO SPECIFY THE ENFORCEABILITY OF RESTRICTIONS, LIMITATIONS OR CONDITIONS INCLUDED IN ALL DEFINITIONS; AMENDING THE DEFINITION OF "HOTEL," AND CREATING RESTRICTIONS, LIMITATIONS OR CONDITIONS CONCERNING HOTELS; AMENDING DEFINITION OF "RESIDENCE OR RESIDENTIAL USE," CREATING DEFINITION FOR "MULTI- FAMILY RESIDENTIAL DWELLING;" PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR PENALTY; PROVIDING FORAN EFFECTIVE DATE A motion to recommend adoption of the ordinance was offered by Commissioner Rogers-Libert and seconded by Commissioner Cohen. Joanne Carr, Senior Planner, addressed the Commission. Mayor Perlow opened the public hearing. The following individual addressed the Commission: Ben Fernandez, Esq., Bercow & Radell, 200 S. Biscayne Boulevard, representing Homer Morello. There being no further speakers, the public hearing was closed. The motion passed unanimously. B. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING PARAGRAPH (b) OF SECTION 31-145 "TOWN CENTER DISTRICT (TC1) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ADD CONDITIONAL USE REGULATIONS REGARDING MINIMUM FLOOR AREAS, ALLOCATIONS OF INTERIOR SPACE, STRUCTURED PARKING REQUIREMENTS, DRIVEWAY STANDARDS AND OFF- STREET PARKING REQUIREMENTS IN THE TC1 ZONING DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE.. A motion to recommend adoption of the ordinance was offered by Commissioner Holzberg and seconded by Commissioner Grossman. Ms. Carr addressed the Commission. Mayor Perlow opened the public hearing. There being no speakers, the public hearing was closed. The motion passed unanimously. C. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING PARAGRAPH (k) "MODIFICATIONS TO RECORDED PLATS" OF SECTION 31-78 "SUBDIVISION PLAT APPROVAL" OF THE CITY'S LAND DEVELOPMENT REGULATIONS REGARDING SUBDIVISION REQUIREMENTS AND EXCEPTIONS BY PROVIDING FOR DECLARATIONS IN LIEU OF UNITY OF TITLE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. A motion to recommend adoption of the ordinance was offered by Commissioner Rogers-Libert and seconded by Commissioner Holzberg. Ms. Carr addressed the Commission. Mayor Perlow opened the public hearing. The following individual addressed the Commission: Mr. Schulman. There being no further speakers, the public hearing was closed. An amendment was offered by Mayor Perlow and seconded by Commissioner Rogers-Libert to amend the ordinance to provide that consent shall be from City Manager, not Director of Community Development. The motion to recommend adoption of the ordinance, as amended, passed unanimously. 5. ADJOURNMENT. There being no further business to come before the Local Planning Agency, the meeting adjourned at 6:22 p.m. Teresa M. Soroka, CMC, City Clerk Approved by the LPA on 2 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM BY: Joanne Carr, AIC Planning Director TO: City Commission FROM: Eric M. Soroka, ICM City Manager DATE: October 30,2020 SUBJECT: Amendment to Section 31-143, Section 31-144 and Section 31-145 of the City's Land Development Regulations to delete Community Facility uses as permitted uses and add Community Facility uses as conditional uses in all zoning districts with a residential or business and office land use designation (01-LDR-03) November 12, 2002 Local Planning Agency Agenda Item ~ November 12, 2002 City Commission Meeting Agenda Item 1 January 7, 2003 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve the amendments to Section 31-143, Section 31-144 and Section 31-145 of the City's Land Development Regulations to delete Community Facility uses as permitted uses in the RS1, RS2, RMF3, RMF3A, RMF3B, RMF4, B1, B2, B3, OP, MO, TC1 and TC2 zoning districts and to add Community Facility uses as conditional uses in those zones to provide consistency with the City's Comprehensive Plan. THE REQUEST City staff is requesting amendments to Section 31-143, Section 31-144 and Section 31- 145 of the City's Land Development Regulations to delete Community Facility uses as permitted uses in all zoning districts with a residential or business and office land use designation and to add the Community Facility uses as conditional uses in those zoning districts, in order to provide consistency with Policy 1.3 of the City's Comprehensive Plan. (See Exhibit #1 for Comprehensive Plan, Future Land Use Element Policy 1.3) ANALYSIS Standards for reviewing proposed amendments to the text of the LOR: 1. The proposed amendment is legally required. The proposed amendments improve the administration or execution of the development process in that it provides consistency with the City's Comprehensive Plan. 2. The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan. The proposed amendments are consistent with the goals and objectives of the Comprehensive Plan. 3. The proposed amendment is consistent with the authority and purpose of the LOR. The proposed amendments are consistent with the authority and purpose of the Land Development Regulations. 4. The proposed amendment furthers the orderly development of the City. The proposed amendments further the orderly development of the City. 5. The proposed amendment improves the administration or execution of the development process. The proposed amendments improve the administration or execution of the development process in that it provides consistency with the City's Comprehensive Plan. DescriptionlBackground of Proposed Amendments 1: 1. Section 31-143, "Residential Zoning Districts" of the City's Land Development Regulations is hereby amended as follows: Sec. 31-143. Residential Zoning Districts... (b) Residential Single-Family Districts (RS 1). The following shall apply to all RS 1 1 Underlined provisions constitute proposed additions to existing text; strickeR IAFe~!ilA provisions indicate proposed deletions from existing text. Remaining provisions are now in effect and remain unchanged. 2 Districts: (2) 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: a. One-family detached dwelling. b. Publicly owned recreational buildings and facilities, playgrounds, playfields and parks. c. 1\11 usos j3orFRittod in tho CF District. G!<. Uses accessory to any of the above uses when located on the same plot. (2a.) Conditional Uses. The followinq uses mav be established if first approved as a conditional use: a. All uses permitted in the CF District. (c) Residential Single-Family Districts (RS2). The following shall apply to all RS2 Districts: (2) 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: a. One-family detached dwelling. s. All uses j3ormittod in the CF District. s.Q. Publicly owned recreational buildings and facilities, playgrounds, playfields and parks. G!<. Uses accessory to any of the above uses when located on the same plot. e.g. Zero lot line dwelling units. (2a.) Conditional Uses. The followinq uses mav be established if first approved as a conditional use: a. All uses permitted in the CF District. (d) Multifamily Medium Density Residential Districts (RMF3). The following shall apply to all RMF3 Districts: (2) 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: a. Two-family dwellings. 3 b. Triplexes and quadruplexes. c. Townhouses not to exceed six units in anyone group. d. Low-rise apartments. e. Mid-rise apartments. f. All Ueleel permittoe in the CF Dieltriot. 9 f. Publicly owned recreational buildings and facilities, playgrounds, playfields and parks. fI g. Uses accessory to any of the above uses when located on the same plot. (2a.) Conditional Uses. The followino uses may be established if first approved as a conditional use: a. All uses permitted in the CF District. (e) Multifamily Medium Density Residential Districts (RMF3A). The following shall apply to all RMF3A Districts: (2) 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: a. Two-family dwellings. b. Triplexes and quadruplexes. c. Townhouses not to exceed six units in anyone group. d. Low-rise apartments. e. Mid-rise apartments. f. 1\11 uses perrr-litted in the CF Distrist. 9 f. Publicly owned recreational buildings and facilities, playgrounds, playfields and parks. fI g. Uses accessory to any of the above uses when located on the same plot. (2a.) Conditional Uses. The followino uses may be established if first approved as a conditional use: a. All uses permitted in the CF District. (f) Multifamily High Density Residential Districts (RMF4). The following shall apply to all RMF4 Districts: (2) 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: 4 a. All uses permitted in the RMF3 District. b. High rise apartments. c. /\11 uscs pCrR'litted in thc CF District. G~. Publicly owned recreational buildings and facilities, playgrounds, playfields and parks. e g. ALF f, g. Uses accessory to any of the above uses when located on the same plot. (2a.) Conditional Uses. The followina uses mav be established if first approved as a conditional use: a. All uses permitted in the CF District. (g) Multifamily Medium Density Residential Districts (RMF3B). The following shall apply to all RMF3B Districts: (2) 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: a. Single family dwellings. b. Zero lot line dwelling units. c. Two family dwellings d. Triplexes and quadruplexes. e. Townhouses. f. Low-rise apartments. €). /'.11 \,lses J30rmittes iA the CF District. fI g. Publicly owned recreational buildings and facilities, playgrounds, playfields and parks. h h. Uses accessory to any of the above uses when located on the same plot. (3) Conditional Uses. The followina uses mav be established if first approved as a conditional use: a. Uses that exceed the height limitations, but in no event shall uses exceed seven stories or gO feet in height. b. All uses permitted in the CF District. 2. Section 31-144, "Business Zoning Districts", of the City's Land Development Regulations is hereby amended as follows: Sec. 31-144. Business Zoning Districts... (b) Neighborhood Business (B1) District. The following shall apply to all B1 s Districts: (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 provided the requirements set forth elsewhere in this section are satisfied: k. No sign of any type or character shall be exhibited or displayed outside denoting that alcoholic beverages are obtainable within. Uses accessory to any of the above uses when located on the same plot. ^" usos l3ermitted iA the CF District. . (2) Conditional Uses. The following uses may be established if first approved as a conditional use: e. All uses permitted in the CF District. (c) Community Business (B2) District. The following shall apply to all B2 Districts: (2) Conditional Uses. The following uses may be established if first approved as a conditional use: k. All uses permitted in the CF District. (d) Heavy Business (B3) District. The following shall apply to all 83 Districts: (2) Conditional Use. The following uses may be established if first approved as a conditional use: f. All uses permitted in the CF District. (e) Office Park (OP) District. The following shall apply to all OP Districts: (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 provided the requirements set forth elsewhere in this section are satisfied: g. /\11 uses permitted iA the CF District. 6 g. Hotels, motels, resorts and time share units, subject to the following: 1. The minimum plot area shall be 1.5 acres 2. Any outdoor recreation areas including swimming pools shall be located at least 25 feet from the plot line of any adjacent residentially zoned property and screened from any such adjacent properties in accordance with the landscape code. 3. The minimum floor area of a rental sleeping room in a motel or hotel, which includes all areas to be individually rented by a customer, shall be 300 square feet. (2) Conditional Use. The following uses may be established if first approved as a conditional use: q. All uses permitted in the CF District. (f) Medical Office (MO) District. The following shall apply to all MO Districts: (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 provided the requirements set forth elsewhere in this section are satisfied: k. 1\11 useE: permittee in the CF DiE:trict. ls. Uses generally accessory to the above principal uses... 1. ALF (2) Conditional Use. The following uses may be established if first approved as a conditional use: h. All uses permitted in the CF District. 3. Section 31-145, "Business Zoning Districts", of the City's Land Development Regulations is hereby amended as follows: Sec. 31-145. Town Center Districts... (b) Town Center District (TC1). The following shall apply to all TC1 Districts: (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 provided the requirements set forth elsewhere in this section are satisfied: b. .^.I1 UE:eE: permittee in the CF Di6triElt. 7 (2) Accessory Uses. Permitted incidental and accessory uses shall include: b. /\11 uses perR'littecl as ::lGcossory uses iA tho CF, CeR'lR'lunity Facilities District. e.Q. Outdoor dining as an accessory use to a permitted restaurant or retail use. (3) Conditional Uses. The following uses may be established if first approved as a conditional use: I. All uses permitted in the CF District. m. All uses permitted as accessory uses in the CF, Community Facilities District. (b) Town Center Marine District (TC2). The following shall apply to all TC2 Districts: (1) Uses Permitted. 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IX ; IL~ ~ ID ...lSRg-a. g.s:lga.5-"2. :r..CDC:CD~ =~~$i=m =g'!:i5'~2. ~:lmc:c.~ i2.ia.~i:i - g.!.5"lil2: 302:i'or-: c:!j;L::J ::::II::r !"'-inc.m.. 3~S!~:;;;; _ :::r:!!!i CIII CD CD ORDINANCE NO. 2002-_ , AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING PARAGRAPH (b) OF SECTION 31-143 "RS1" DISTRICT, PARAGRAPH (c) OF SECTION 31-143 "RS2" DISTRICT, PARAGRAPH (d) OF SECTION 31-143 "RMF3" DISTRICT, PARAGRAPH (e) OF SECTION 31-143 "RMF3A" DISTRICT, PARAGRAPH (f) OF SECTION 143 "RMF4" DISTRICT, PARAGRAPH (g) OF SECTION 143 "RMF3B" DISTRICT, PARAGRAPH (b) OF SECTION 31-144 "B1" DISTRICT, PARAGRAPH (c) OF SECTION 31- 144 "B2" DISTRICT, PARAGRAPH (d) OF SECTION 31-144 "B3" DISTRICT, PARAGRAPH (e) OF SECTION 31-144 "OP" DISTRICT, PARAGRAPH (f) OF SECTION 31-144 "MO" DISTRICT, PARAGRAPH (b) OF SECTION 31-145 "TC1" DISTRICT, PARAGRAPH (c) OF SECTION 31-145 "TC2" DISTRICT IN ALL CASES TO DELETE COMMUNITY FACILITY (CF) USES AS PERMITTED USES AND ADD COMMUNITY FACILITY (CF) USES AS CONDITIONAL USES; 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 provide consistency with Policy 1.3 of the City's Comprehensive Plan; 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 application 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 RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Section 31-143, "Residential Zoning Districts" of the City's land Development Regulations is hereby amended as follows1: Sec. 31-143. Residential Zoning Districts... (b) Residential Single-Family Districts (RS1). The following shall apply to all RS1 Districts: (2) 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: a. One-family detached dwelling. b. Publicly owned recreational buildings and facilities, playgrounds, playfields and parks. s. All uses permitted in tho CF Distrist. a j!. Uses accessory to any of the above uses when located on the same plot. (2a.) Conditional Uses. The followinQ uses may be established if first approved as a conditional use: a. All uses permitted in the CF District. (c) Residential Single-Family Districts (RS2). The following shall apply to all RS2 Districts: (2) 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: a. One-family detached dwelling. 8. 1\III,l&e5 llermitteEl in the CF District. I Underlined provisions constitute proposed additions to existing text; strisk9R IRre~!lh provisions indicate proposed deletions from existing text. Remaining provisions are now in effect and remain unchanged. 6 Q. Publicly owned recreational buildings and facilities, playgrounds, playfields and parks. €I f. Uses accessory to any of the above uses when located on the same plot. e.g. Zero lot line dwelling units. 12a.) Conditional Uses. The followino uses mav be established if first approved as a conditional use: a. All uses permitted in the CF District. (d) Multifamily Medium Density Residential Districts (RMF3). The following shall apply to all RMF3 Districts: (2) 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: a. Two-family dwellings. b. Triplexes and quadruplexes. c. Townhouses not to exceed six units in anyone group. d. Low-rise apartments. e. Mid-rise apartments. f. .'\11 uses f3ermittoel iA tl10 CF DistriGt. 9 f. Publicly owned recreational buildings and facilities, playgrounds, playfields and parks. 1=19.. Uses accessory to any of the above uses when located on the same plot. 12a.) Conditional Uses. The followinq uses mav be established if first approved as a conditional use: a. All uses permitted in the CF District. (e) Multifamily Medium Density Residential Districts (RMF3A). The following shall apply to all RMF3A Districts: (2) 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: a. Two-family dwellings. b. Triplexes and quadruplexes. c. Townhouses not to exceed six units in anyone group. d. Low-rise apartments. e. Mid-rise apartments. f. /\11 usos I'lermitted in tho CF DistriGt. ~ f. Publicly owned recreational buildings and facilities, playgrounds, playfields and parks. R g. Uses accessory to any of the above uses when located on the same plot. (2a.) Conditional Uses. The followinq uses mav be established if first approved as a conditional use: a. All uses permitted in the CF District. (f) Multifamily High Density Residential Districts (RMF4). The following shall apply to all RMF4 Districts: (2) 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: a. All uses permitted in the RMF3 District. b. High rise apartments. G. All uses permittod iA the CF Distrist. a f. Publicly owned recreational buildings and facilities, playgrounds, playfields and parks. e g. ALF h~. Uses accessory to any of the above uses when located on the same plot. (2a.) Conditional Uses. The followinq uses mav be established if first approved as a conditional use: a. All uses permitted in the CF District. (g) Multifamily Medium Density Residential Districts (RMF3B). The following shall apply to all RMF3B Districts: (2) 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: a. Single family dwellings. b. Zero lot line dwelling units. c. Two family dwellings d. Triplexes and quadruplexes. e. Townhouses. f. Low-rise apartments. g. All uses t'lsr-mitteEl iR the Cr Distr-ist. J:l g. Publicly owned recreational buildings and facilities, playgrounds, playfields and parks. h h. Uses accessory to any of the above uses when located on the same plot. (3) Conditional Uses. The followina uses mav be established if first approved as a conditional use: a. Uses that exceed the height limitations, but in no event shall uses exceed seven stories or 90 feet in height. b. All uses permitted in the CF District. Section 2. Section 31-144 "Business Zoning Districts" of the City's Land Development Regulations is hereby amended as follows: Sec. 31-144. Business Zoning Districts... (b) Neighborhood Business (B 1) District. The following shall apply to all B 1 Districts: (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 provided the requirements set forth elsewhere in this section are satisfied: k. No sign of any type or character shall be exhibited or displayed outside denoting that alcoholic beverages are obtainable within. Uses accessory to any of the above uses when located on the same plot. j\1I uses permitted in the Cr District. (2) Conditional Uses. The following uses may be established if first approved as a conditional use: e. All uses permitted in the CF District. (c) Community Business (B2) District. The following shall apply to all B2 Districts: (2) Conditional Uses. The following uses may be established if first approved as a conditional use: k. All uses permitted in the CF District. (d) Heavy Business (B3) District. The following shall apply to all B3 Districts: (2) Conditional Use. The following uses may be established if first approved as a conditional use: f. All uses permitted in the CF District. (e) Office Park (OP) District. The following shall apply to all OP Districts: (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 provided the requirements set forth elsewhere in this section are satisfied: g. All uses permitteE! in the CF District. g. Hotels, motels, resorts and time share units, subject to the following: 1. The minimum plot area shall be 1.5 acres 2. Any outdoor recreation areas including swimming pools shall be located at least 25 feet from the plot line of any adjacent residentially zoned property and screened from any such adjacent properties in accordance with the landscape code. 3. The minimum floor area of a rental sleeping room in a motel or hotel, which includes all areas to be individually rented by a customer, shall be 300 square feet. (2) Conditional Use. The following uses may be established if first approved as a conditional use: q. All uses permitted in the CF District. (f) Medical Office (MO) District. The following shall apply to all MO Districts: (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 provided the requirements set forth elsewhere in this section are satisfied: k. .'\11 USGS I'lermittea in the CF Distrist. !so Uses generally accessory to the above principal uses... [. ALF (2) Conditional Use. The following uses may be established if first approved as a conditional use: h. All uses permitted in the CF District. Section 3. Section 31-145 "Business Zoning Districts" of the City's Land Development Regulations is hereby amended as follows: Sec. 31-145. Town Center Districts... (b) Town Center District (TC1). The following shall apply to all TC1 Districts: (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 provided the requirements set forth elsewhere in this section are satisfied: 13. 1'.11 IlSOS flermittod in tho CF Distrist. (2) Accessory Uses. Permitted incidental and accessory uses shall include: 13. All usos permitted as accessory Ilses in the CF, CemmllAity Fasilities District. G.12. Outdoor dining as an accessory use to a permitted restaurant or retail use. (3) Conditional Uses. The following uses may be established if first approved as a conditional use: I. All uses permitted in the CF District. m. All uses permitted as accessory uses in the CF, Community Facilities District. (b) Town Center Marine District (TC2). The following shall apply to all TC2 Districts: (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 provided the requirements set forth elsewhere in this section are satisfied: e. .'\11 uses pormittee in the CF District. (4) Conditional Uses. The following uses may be established if first approved as a conditional use: o. All uses permitted in the CF District. Section 4. 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 5. 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 6. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Patricia Rogers-Libert Vice Mayor Harry Holzberg Mayor Jeffrey M. Perlow The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Patricia Rogers-Libert Vice Mayor Harry Holzberg Mayor Jeffrey M. Perlow PASSED on first reading this 12th day of November, 2002. PASSED AND ADOPTED on second reading this 7th day of January, 2003. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY ~ht Atiami mtrat~ II!mImII Published Dailv MIAMI, FLORIDA STATE OF FLORIDA COUNTY OF DADE Before the undersigned authority personally appeared: FRANK TOMASINO Who on oath that he is ADVERTISING OFFICE MANAGER Of the Miami Herald Publishing Company, a daily newspaper at Miami in Dade county, Florida; that the advertisement for City Of Aventura was published in said newspaper in the issue of: Miami Herald, local section Thursday, October 31st, 2002. Affiant further says that the said Miami Herald is a newspaper published at Miami, in the said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade, County, Florida, each day and has been entered as second class mail matter at the post office in Miami, in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement. ~ ~. c .. .-.- :\ ,~~P7Y~bPt(} FRANK TO SINO Sworn to and subscribed before me This .5 day of ff~~uA-- A.D. 2001 ~~/h~/~~ Lisa Ann Hernandez ' gA!\'~~"'~ LiS. a Ann Hernandez ,~ \CommIssbl'DD000617 . .;.= Exptres Fab. 11.2005 .. ~~ llonded 'lbru YfnrW:-~ Allantlfl BmdfDg Co., IDe. 900 West 49th Street, Suite 500, Hialeah, Florida 33012 )KNIGHTRIODER) CITY OF AVENTURA NOTICE OF HEARING OF LOCAL PLANNING AGENCY AND NOTICE OF AMENDMENT OF CITY'S LAND DEVELOPMENT REGULATIONS 0' j I . . . i . i 1 i . Public Notice is hereby given that the Aventura City Commission, sitting as the City of ' : Aventura Local Planning Agency, will meet in a public hearing on Tuesday, November 12, , 2002 at 6:00 pm to consider adoption of the following Ordinance: : << I . , ~ M II ~ ~ ~ AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING PARAGRAPH (b) OF SECTION 31-143 "RS1" DISTRICT, PARAGRAPH (c) OF SECTION 31-143 "RS2" DISTRICT, PARAGRAPH (d) OF SECTION 31-143 "RMF3" DISTRICT, PARAGRAPH (e) OF SECTION 31-143 "RMF3A" DISTRICT, PARAGRAPH (f) OF SECTION 143 "RMF4" DISTRICT, PARAGRAPH (9) OF SECTION 143 "RMF3B" DISTRICT, PARAGRAPH (b) OF : SECTION 31-144 "B1" DISTRICT, PARAGRAPH (c) OF SECTION 31-144 "B2" DISTRICT, .~ PARAGRAPH (d) OF SECTION 31-144 "B3" DISTRICT, PARAGRAPH (e) OF SECTION '-= 31-144 "OP" DISTRICT, PARAGRAPH (f) OF SECTION 31-144 "MO" DISTRICT, ,= PARAGRAPH (b) OF SECTION 31-145 "TC1" DISTRICT, PARAGRAPH (c) OF SECTION ;: 31-145 "TC2" DISTRICT IN ALL CASES TO DELETE COMMUNITY FACILITY (CF) USES ~ AS PERMITTED USES AND ADD COMMUNITY FACILITY (CF) USES AS CONDITIONAL ": USES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; 1 PROVIDING FOR AN EFFECTIVE DATE. "' Jl "Ii ,.M i-I ,..t :a ~,!j .Ii j >'Ii .>> .~ .. J ,,;/ '11 '~ \t~ Iii ~ , ,", (~ ~ I " , Immediately following the Local Planning Agency meeting, the City Commission of the City of Aventura, as the governing body, will consider at a public hearing adoption of the above- described Ordinance. The above-described Public Hearings will be held at City of Aventura Government Center, 19200 West Country Club Drive, Aventura, Florida, 33180. The proposed Ordinance may be inspected by the public at the Office of the City Clerk at Government Center. Interested parties may appear at the Public Hearings and be heard with respect to the proposed Ordinance. In accordance with the Americans with Disabilities Act of 1990, all persons who are 'disabled and who need special accommodations to participate in these proceedings because of that disability should contact the Office of the City Clerk, (305) 466-8901, not later than two business days prior to such proceedings. If a person decides to appeal any decision made by the City Commission, as Local Planning Agency or as the\ governing body, with respect to any matter to be considered at these meetings, that person shall insure that a verbatim record of the proceedings is made including all testimony and evidence upon which the appeal is to be based. ~J ,",'f Teresa M. Soroka, CMC, City Clerk l'