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2001-15ORDINANCE NO. 2001-15 AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY'S LAND DEVELOPMENT REGULATIONS, ENACTED BY ORDINANCE 99-09; BY AMENDING ARTICLE II. DEFINITIONS AND RULES OF CONSTRUCTION, SECTION 31-21. DEFINITIONS; BY AMENDING ARTICLE VII. USE REGULATIONS AND ARTICLE Xl. DEVELOPMENT STANDARDS OF GENERAL APPLICABILITY SO AS TO PROVIDE FOR COMPREHENSIVE STRUCTURE PARKING REGULATIONS BY AMENDING SECTIONS 31-144(b), 31- 144(c), 31-144(d), 31-144(e), 31-144(f), 31-145(b), 31- 145(c) AND 31-238; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City Commission of the City of Aventura finds that it is necessary to amend the City's Land Development Regulations in order to provide for a definition of building envelope and to provide for comprehensive structure parking regulations in certain zoning districts within the City; and WHEREAS, the City Commission finds that this amendment of the Land Development Regulations will enhance the unique aesthetic character of the City; and WHEREAS, the City Commission finds that this ordinance is consistent with the Comprehensive Plan of the City. NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS:~ Section 1. That the City's Land Development Regulations, as previously enacted by Ordinance 99-09, are hereby amended by adding or deleting the respective Additions to existing text are shown by underline, deletions are shown by ............. =... Ordinance No. 2001-15 Page 2 sections, and/or subsections, and/or paragraphs, as applicable thereof to read as follows: ARTICLE II. DEFINITIONS AND RULES OF CONSTRUCTION Sec. 31-21. Definitions. Building code shall mean the South Florida Building Code, Miami-Dade County edition, as amended. Building envelope shall mean that area of the footprint of the primary buildin.q and parkin,q structures on site. A line forminq the boundary of the footprint shall not be broken and all buildin,qs within the footprint shall be attached or touchin,q so as to form a continuous surface area. Canal shall mean a body of water having a width of 100 feet or less for linear areas in excess of 200 feet in length and used principally for the conveyance of water. Footprint shall mean a continuous surface area composed of buildinq foundation(s). ARTICLE VII. USE REGULATIONS Sec. 31-144. Business Zoning Districts, (b) Neighborhood Business (B1) District... (5) Site Development Standards a. Floor area ratio and lot coverage: The floor area ratio shall be 0.40 at one story and shall be increased by 0.11 for each additional story. Structure parking shall not count as part of the floor area, Ordinance No. 2001-15 Page 3 but shall be counted in computing building height and number of stories. The total lot coverage permitted for all buildings on the site shall not exceed 40 percent of the total lot area. If structure parkin,q is used, such parkinq structure shall be incorporated into the buildinq envelope and shall be compatibly desiqned. Enclosed or nonenclosed mall areas shall not count as part of the floor area, for floor area ratio computation purposes... Structure parkinq. All structure parkinq shall be compatibly desiqned to complement the primary use structure for which it serves. Parkinq structure. ceilinq heiqhts shall be 7'-6" except where qreater heiqhts may be required by other re,qulatory agencies. Pipes, ducts and mechanical equipment installed below the ceilinq shall not be lower than 7'-0" above finish floor. (c) Community Business (B2) District... (2) Conditional Use. The following uses if first approved as a conditional use: j. Automobile parkinq qara,qes, exceedin,q 2 stories but not over six stories in heiqht, as a stand-alone use. (5) Site Development Standards a. Floor area ratio and lot coverage and minimum landscaped open space requirements: Thc ~ ,-,...-b;,-,,-..-.I-,..u ,.,-., ..... , ..... t.-.,~ ,.,q ...... *;..,- ~.,,il.~;.... h..;,.~.* ....~ .... k.-....."~ ..,,-..;..~ ThC Ordinance No. 2001-15 Page 4 '"+; ....... +"+; ........... For purposes of this paraqraph a., structure parkinq shall not count as part of the floor area, but may be counted towards calculation of the floor area ratio. (1) (2) For all buildings: Any structure parking servinq the primary use on the site shall be incorporated into the buildinq envelope and shall be compatibly designed. Such parking structure shall comply with all minimum setback and buffer yard requirements. For those buildinqs with 0 - 33% of the required parkinq located within a parking structure: The floor area ratio shall be 0.40 at one story and shall be increased by 0.11 for each additional stow. The total lot coveraqe permitted for all buildings on the site shall not exceed 40 pement of the total lot area. The total minimum landscaped open space required shall be 33% of the total lot area. However, if structure parkinq level{s) is/are counted towards calculation of the floor area ratio then the total lot coverage permitted for all buildinqs on the site shall not exceed 38% of the total lot area. Additionally, (3) the total minimum landscaped open space required shall be 35% of the total lot area. For those buildinqs with 33% - 66% of the required parking located within a parking structure: The floor area ratio shall be 0.40 at one stow and shall be increased by 0.11 for each additional story. The total lot coverage permitted for all buildinqs on the site shall not exceed 40 pement of the total lot area. The total minimum landscaped open space required shall be 36% of the total lot area. However, if structure parkinq level(s) is/are counted towards calculation of the floor area ratio then the total lot coveraqe permitted for all buildings on the site shall not exceed 35% of the total lot area. Additionally, Ordinance No. 2001-15 Page 5 (4) the total minimum landscaped open space required shall be 37% of the total lot area. For those buildinqs with 66% - 100% of the required parkinq located within a parking structure: The floor area ratio shall be 0.40 at one stow and shall be increased by 0.11 for each additional story. The total lot coveraqe permitted for all buildinqs on the site shall not exceed 45 percent of the total lot area. The total minimum landscaped open space required shall be 39% of the total lot area. However, if structure parkinq level(s) is/are counted towards calculation of the floor area ratio then the total lot coveraqe permitted for all buildings on the site shall not exceed 35% of the total lot area. Additionally, the total minimum landscaped open space required shall be 40% of the total lot area. Maximum height: 20 stories or 341' overall maximum height, includinq structure parking, cr-....°nn ~....~,...... For purposes of this paragraph b., structure parkinq shall not be counted in computing number of stories but shall be counted in computinq overall maximum height. That portion of the building or structure within 200 feet of any residential zone shall be subject to a height limitation of one foot for every two feet in distance from the residential zoned plot unless the application of this requirement would limit the building height to a minimum of 25 feet. Minimum lot area and width: There shall be no minimum required width or area of lot except as otherwise provided. Setbacks: For purposes of this paragraph d., structure parkinq incorporated within the building envelope shall count toward the number of stories. ~ .... * "~ "*~' .... ~ ....... ~'~"'~ ....... ~"° shall 25 ' Ordinance No. 2001-15 Page 6 (1) Those buildinqs whose total number of stories is between 0-10 floors, includinq any structure parkin,q incorporated within the buildin,q envelope, shall have a front yard not less than 25 feet in depth. Even/ plot shall have a street side yard of not less than 20 feet in depth. There is no side or rear yard setback required for a plot which is not adjacent to a street or alley. A side and rear yard setback of 20 feet is required when adjacent to a residentially zoned district, street or alley. (2) Those buildinqs whose total number of stories is between 11-20 floors, includin,q any structure parkin,q incorporated within the buildinq envelope1 shall have a front yard not less than 35 feet in depth. Every plot shall have a street side yard of not less than 35 feet in depth. There is no side or rear yard setback required for a plot which is not adjacent to a street or alley. A side and rear yard setback of 35 feet is required when adjacent to a residentially zoned district1 street or alley. (3) Those buildinqs whose total number of stories exceeds 20 floors1 includinq any structure parkinq incorporated within the buildinq envelope, shall have a front yard not less than 45 feet in depth. Every plot shall have a street side yard of not less than 45 feet in depth. There is no side or rear yard setback required for a plot which is not adjacent to a street or alley. A side and rear yard setback of 45 feet is required when adjacent to a residentially zoned district, street or alley. e. Structure parkinq. All structure parkinq shall be compatibly desiqned to complement the primary use structure for which it serves. Parking structure ceilin,q heiqhts shall be 7'-6" except where qreater heiqhts ma,/ Ordinance No. 2001-15 Page 7 be required by other requlatory aqencies. Pipes, ducts and mechanical equipment installed below the ceilin.q shall not be lower than 7'-0" above finish floor. (d) Heavy Business (B3) District ... (2) Conditional Use. The following uses if first approved as a conditional use: e. Automobile parkinq qara.qes, exceedin,q 2 stories but not over six stories in hei.qht, as a stand-alone use. (6) Site Development Standards a. Floor area ratio and lot coverage and minimum landscaped open space requirements: 'r~c ~ ......... ~;,-, ..~,o. h,, n ,~n ~,~ .... ~,-,.,, .................. ~ ............ , .~r .....~rc~ ..... purposes of this para,qraph a., structure parkinq shall not count a,~ part of the floor area, but may be counted towards calculation of the floor area ratio. (1) For all buildinqs: Any structure parkinq serving the primary use on the site shall be incorporated into the buildinq envelope and shall be compatibly desiqned. Such parkin,q structure shall comply with all minimum setback and buffer yard requirements. (2) For those buildinqs with 0 - 33% of the required parkinq located within a parkin,q structure: The floor area ratio shall be Ordinance No. 2001-15 Page 8 0.40 at one stow and shall be increased by 0.11 for each additional story. The total lot covera,qe permitted for all buildin,qs on the site shall not exceed 40 pement of the total lot area. The total minimum landscaped open space requirecl shall be 33% of the total lot area. However, if structure parkinq level(s) is/are counted towards calculation of the floor area ratio then the total lot covera.qe permitted for all buildinqs on the site shall not exceed 38% of the total lot area. Additionally, (3) the total minimum landscaped open space required shall be 35% of the total lot area. For those buildinqs with 33% - 66% of the required parkinq located within a parkin,q structure: The floor area ratio shall be 0.40 at one story and shall be increased by 0.11 for each additional story. The total lot covera,qe permitted for all buildin,qs on the site shall not exceed 40 percent of the total lot area. The total minimum landscaped open space required shall be 36% of the total lot area. However, if structure parkin,q level(s) is/are counted towards calculation of the floor area ratio then the total lot covera,qe permitted for all buildinqs on the site shall not exceed 35% of the total lot area. Additionally, (4) the total minimum landscaped open space required shall be 37% of the total lot area. For those buildinqs with 66% - 100% of the required parkinq located within a parkinq structure: The floor area ratio shall b~ 0.40 at one stow and shall be increased by 0.11 for each additional story. The total lot coveraqe permitted for all buildinqs on the site shall not exceed 45 percent of the total lot area. The total minimum landscaped open space required shall be 39% of the total lot area. However, if structure parkinq level(s) is/are counted towards calculation of the floor area Ordinance No. 2001-15 Page 9 ratio then the total lot covera,qe permitted for all buildin,qs on the site shall not exceed 35% of the total lot area. Additionally, Co the total minimum landscaped open space required shall be 40% of the total lot area. Maximum height: 20 stories or 341' overall maximum heiqht, includinq structure parkin,q, cr 200 fcc'.. For purposes of this para.qraph b., structure parkinq shall not be counted in computinq number of stories but shall be counted in computinq overall maximum hei.qht. That portion of the building or structure within 200 feet of any residential zone shall be subject to a height limitation of one foot for every two feet in distance from the residential zoned plot unless the application of this requirement would limit the building height to a minimum of 25 feet. Minimum lot area and width: There shall be no minimum required width or area of lot except as otherwise provided. Setbacks: Evc.'¥ -'~'-+ oh~. h ..... ~.....+ .... '~ "~ ~'~oo +~-~.'I. 25 fc''~ in ~,-,,-,~h m ...... ~..* ~.... h ...... ~'""+ ~'~ ..... '~ et ""+ ~"~" thor. 20 foot ~'' depth. For purposes of this paraqraph d., structure parkinq incorporated within the buildinq envelope shall count toward the number of stories. (1) Those buildinqs whose total number of stories is between 0-10 floors, includinq any structure parkinq incorporated within the buildinq envelope, shall have a front yard not less than 25 feet in depth. Every plot shall have a street side yard of not less than 20 feet in depth. There is no side or rear yard setback required for a plot which is not adjacent to a street or alley. A side and rear yard setback of 20 feet is required when adjacent to a residentially zoned district, street or alley. (2) Those buildinqs whose total number of stories is between 11-20 floors, includinq any structure parking incorporated within the Ordinance No. 2001-15 Page 10 building envelope, shall have a front yard not less than 35 feet in depth. Every plot shall have a street side yard of not less than 35 feet in depth. There is no side or rear yard setback required for a plot which is not adjacent to a street or alley. A side and rear yard setback of 35 feet is required when adjacent to a residentially zoned district, street or alley. (3) Those buildin,qs whose total number of stories exceeds 20 floors, includinq any structure parkin,q incorporated within the buildinq envelope, shall have a front yard not less than 45 feet in depth. Every plot shall have a street side yard of not less than 45 feet in depth. There is no side or rear yard setback required for a plot which is not adjacent to a street or alley. A side and rear yard setback of 45 feet is required when adjacent to a residentially zoned district, street or alley. e. Structure parkinq. All structure parkin,q shall be compatibly desi,qned to complement the primary use structure for which it serves. Parkinq structure ceilin,q heiqhts shall be 7'-6" except where ,qreater heiqhts may be required by other re,qulatory aqencies. Pipes, ducts and mechanical equipment installed below the ceilinq shall not be lower than 7'-0" above finish floor. (e) Office Park (OP) District ... (1) Uses permitted... f. Uses generally accessory to the above principal uses. Accessory uses are those uses that are associated with the principal use(s) and which provide service primarily to employees and patrons of the office park. The accumulative total of all accessory uses shall be limited to a maximum of 15 percent of the total gross interior square footage of the buildings proposed for the site. Such uses Ordinance No. 2001-15 Page 11 shall have no outside advertising..^.,v_v '~_v.v.v+"'~_ +".- :*"'c*., ._.~ .... (2) Conditional Use. use: The following uses if first approved as a conditional f. Automobile parkinq ,qaraqes, exceedinq 2 stories but not over six stories in heiqht, as a stand-alone use. (4) Site Development Standards a. Minimum lot area and width: The minimum frontage requirements shall be 100 feet, with a minimum lot area of 1.5 acres including right-of-way dedications. b. Maximum height: No building or structure, or part thereof shall be erected to a height exceeding ten stories, or 176' overall maximum hei,qhtl includinq structure parkinq or ~ on ~..,., ,.,k~..k ..... · ,..~.. For purposes of this paraqraph b., structure parking shall not bP, counted in computinq number of stories but shall be counted in computinq overall maximum height. c. Floor area ratio and lot coverage: Thc ficcr ~rc~ r''*~''_.,v w,"k"!!,., wv~'" 0.40 ~k~,, ...., ..... '~ '!.0 ...... * '''~ "'" *"*~' '"* For purposes of ................ r- ..................... ,c;ca. this paragraph c., structure parkinq shall not count as part of thP, floor area, but may be counted towards calculation of the floor are~ ratio, (1) For all buildinqs: Any structure parkinq servinq the primary usP, on the site shall be incorporated into the buildinq envelope and Ordinance No. 2001-15 Page 12 shall be compatibly desi,qned. Such parkinq structure shall comply with all minimum setback and buffer yard requirements. (2) For those buildinqs with 0 - 33% of the required parkin.q located within a parkinq structure: The floor area ratio shall be 0.40 at one story and shall be increased by 0.11 for each additional story. The total lot coveraqe permitted for all buildinqs on the site shall not exceed 40 pement of the total lot area. However, if structure parkin.q level(s) is/are counted towards calculation of the floor area ratio then the total lot covera.qe permitted for all buildin,qs on the site shall not exceed 38% of the total lot area. (3) For those buildinqs with 33% - 66% of the required parkin,q located within a parkin,q structure: The floor area ratio shall be 0.40 at one stow and shall be increased by 0.11 for each additional stow. The total lot covera.qe permitted for all buildin,qs on the site shall not exceed 40 percent of the total lot area. However, if structure parkinq level{s) is/are counted towards calculation of the floor area ratio then the total lot coveraqe permitted for all buildinqs on the site shall not exceed 35% of the total lot area. (4) For those buildinqs with 66% - 100% of the required parkinq located within a parkinq structure: The floor area ratio shall be 0.40 at one stow and shall be increased by 0.11 for each additional story. The total lot coveraqe permitted for all buildinqs on the site shall not exceed 45 percent of the total lot area. However, if structure parkinq level(s) is/are counted towards calculation of the floor area ratio then the total lot coveraqe permitted for all buildinqs on the site shall not exceed 35% of the total lot area. Setbacks: E ...... ~,.~ ~-h.~. ~ ..... ~r,...~ .... .~ .,,., ~...... ~.~,. ~n ~,.,.~ ;,, -v,...'~""'h.. NO parking areas shall be located within 30 feet of any Ordinance No. 2001-15 Page 13 residentially zoned property or within ten feet of any street line. For purposes of this para.qraph d., structure parkinq incorporated within the buildin.q envelope shall count toward the number of stories '- ...... ~,-* ,-~"," ~, ...... *'""* ~;~ ..... '~ "~ ""+ ~"~ ~°" !5 (1) Those buildin.qs whose total number of stories is between 0-10 floors, includinq any structure parkin.q incorporated within the buildin.q envelope, shall have a front yard not less than 50 feet in depth. Every plot shall have a street side yard of not less than 15 feet in depth. Every plot upon which a structure is hereafter erected shall have a minimum rear yard of 25 feet. Adjacent to any RS districts the setback shall be 30 feet. (2)Those buildinqs whose total number of stories exceeds 10 floors, includin.q any structure parkinq incorporated within the buildin.q envelope, shall have a front yard not less than 50 feet in depth. Every plot shall have a street side yard of not less than 25 feet in depth. Every plot upon which a structure is hereafter erected shall have a minimum rear yard of 25 feet. Adjacent to any RS districts the setback shall be 35 feet. Minimum open space: ,~,~ ...... , .., ,~.,. ,.,., ,.., .... eo~,~ L._~ndscaped open space may include entrance features, passive recreational uses and/or pedestrian walkways. This minimum requirement may also include 50 percent of roof decks and other above-grade surfaces which are provided and maintained for the common benefit of all occupants of the building. Water bodies may be used as part of the required landscaped open space but such water areas shall not be credited for more than 20 percent of the required open space. Ordinance No. 2001-15 Page 14 (1) Those buildinqs whose total number of stories is between 0-10 floors, includin,q any structure parkinq incorporated within the buildin.q envelope, shall have a minimum open space of 22 percent of the net lot area. If structure parkin,q level(s) is/arc counted towards calculation of the floor area ratio then the total minimum landscaped open space required shall be 25 percent of the total lot ama. (2)Those buildin,qs whose total number of stories exceeds 10 floors, includin.q any structure parkinq incorporated within the buildin,q envelope, shall have a minimum open space of 25 percent of the net lot area. If structure parkin,q level{s) is/are counted towards calculation of the floor area ratio then the total minimum landscaped open space required shall be 28 percent of the total lot area f. Structure parkin,q. All structure parkin,q shall be compatibly desi,qned to complement the primary use structure for which it serves. Parkinq structure ceilin,q hei,qhts shall be 7'-6" except where qreater hei,qhts may be required by other re,qulatory aqencies. Pipes, ducts and mechanical equipment installed below the ceilinq shall not be lower than 7'-0" above finish floor. (f) Medical Office (MO) District ... (1) Uses permitted... I. Uses generally accessory to the above principal uses. Accessory uses are those uses that arc associated with the principal use(s) and which provide service primarily to employees and patrons of the office park. The accumulative total of all accessory uses shall be limited to a maximum of 15 percent of the total gross interior square footage of the buildings proposed for the site. Such uses shall have no outside Ordinance No. 2001-15 Page 15 (2) Conditional Use. The following uses if first approved as a conditional use: g. Automobile parkinq RaraRes, exceedinq 2 stories but not over six stories in heiRht, as a stand-alone use. (4) Site Development Standards a. Minimum lot area and width: The minimum frontage requirements shall be 100 feet, with a minimum lot area of 1.5 acres including right-of-way dedications. b. Maximum height: No building or structure, or part thereof shall be erected to a height exceeding ten stories, or 176' overall maximum hei.qht, includin.q structure parkinR, unless otherwise specified in this section. For purposes of this para.qraph b., structure parkinq shall not be counted in computinq number of stories but shall be counted in computinq overall maximum heiqht. _v~...'~""'r'.. No parking areas shall be located within 30 feet of any residentially zoned property or within ten feet of any street line. For purposes of this paraqraph c., structure parkin.q incorporated within the buildinq envelope shall count toward the number of stories. (1) Those buildin.qs whose total number of stories is between 0-10 floors, includinq any structure parkinq incorporated within the Ordinance No. 2001-15 Page 16 buildin,q envelope, shall have a front yard not less than 50 feet in depth. Every plot shall have a street side yard of not less than 20 feet in depth. Every plot upon which a structure is hereafter erected shall have a minimum rear yard of 25 feet. (2) Those buildin,qs whose total number of stories is between 11-20 floors, includin,q any structure parkin,q incorporated within the buildin,q envelope, shall have a front yard not less than 50 feet in depth. Every plot shall have a street side yard of not less than 30 feet in depth. Every plot upon which a structure is hereafter erected shall have a minimum rear yard of 30 feet. (3) Those buildin,qs whose total number of stories exceeds 20 floors, includin,q any structure parkin,q incorporated within the buildin,q envelope, shall have a front yard not less than 65 feet in depth. Every plot shall have a street side yard of not less than 45 feet in depth. Every plot upon which a structure is hereafter erected shall have a minimum rear yard of 45 feet. Floor area ratio and lot coverage and minimum landscaped open space renuiromen*s:.~ ,... T~^ ~ ......... ,;.. ~.~. h^ ~ An_o* .... ,...., ..... ~ ~ ...... ' cf '"~ '~'~' '~' =rca For purposes of this oaraoraoh e. structure parkinq shall not count as pa~ of the floor area, but ma~ ~o oountod towards calculation of tho floor area ratio. (1) For all buildinqs: Any structure parking servinq the primary use on the site shall be incorporated into the buildinq envelope and shall be compatibly desi,qned, Such parkinq structure shall comply with all minimum setback and buffer yard requirements. Ordinance No. 2001-15 Page 17 (2) For those buildings with 0 - 33% of the required parking located within a parking structure: The floor area ratio shall be 0.40 at one story and shall be increased by 0.11 for each additional story. The total lot coverage permitted for all buildinqs on the site shall not exceed 40 percent of the total lot area. The total minimum landscaped open space required shall be 33% of the total lot area. However, if structure parkinq level(s) is/arc counted towards calculation of the floor area ratio then the total lot coverage permitted for all buildinqs on the site shall not exceed 38% of the total lot area. Additionally, the total minimum landscaped open space required shall be 35% of the total lot area. (3) For those buildin,qs with 33% - 66% of the required parkinq located within a parkin,q structure: The floor area ratio shall be 0.40 at one stow and shall be increased by 0.11 for each additional stow. The total lot coveraqe permitted for all buildings on the site shall not exceed 40 percent of the total lot area. The total minimum landscaped open space required shall be 36% of the total lot area. However, if structure parking level(s) is/arc counted towards calculation of the floor area ratio then the total lot coveraqe permitted for all buildings on the site shall not exceed 35% of the total lot area. Additionally, the total (4) minimum landscaped open space required shall be 37% of the total lot area, For those buildinqs with 66% - 100% of the required parking located within a parkinq structure: The floor area ratio shall be 0.40 at one stow and shall be increased by 0.11 for each additional story. The total lot coverage permitted for all buildinqs on the site shall not exceed 45 percent of the total lot area. The total minimum landscaped open space required shall Ordinance No. 2001-15 Page 18 be 39% of the total lot area. However, if structure parkinq level(s) is/are counted towards calculation of the floor area ratio then the total lot coveraqe permitted for all buildings on the site shall not exceed 35% of the total lot area. Additionally, the total minimum landscaped open space required shall be 40% of the total lot area. e. Structure parking. All structure parkinq shall be compatibly desi.qned to complement the primary use structure for which it serves. Parking structure ceiling heiqhts shall be 7'-6" except where qreater hei.qhts may be required by other regulatory aqencies. Pipes, ducts and mechanical equipment installed below the ceilinq shall not be lower than 7'-0" above finish floor. Sec. 31-145. Town Center Zoning Districts... (b) Town Center (TC1) District... (3) Conditional uses permitted. The following uses may be established if first approved as a conditional use: d. Uses that exceed the height limitations, includinq parkin.q structures. (5) (9) Site development standards. e. Maximum height: Four stories or 50 feet, including parkinq structures. Performance standards. a. Any structure parking servinq the primary use on the site shall be incorporated into the buildinq envelope and shall be compatibly desiqned. Such parking structure shall comply with all minimum setback and buffer yard requirements. Parkinq structure ceilinq heiqhts shall be 7'-6" except Ordinance No. 2001-15 Page 19 where ,qreater heiqhts may be required by other requlatory aqencies. Pipes, ducts and mechanical equipment installed below the ceiling shall not be lower than 7'-0" above finish floor. (c) Town Center Marine District (TC2)... The following uses may be established if first (4) Conditional uses permitted. approved as a conditional use: n. (7) (11) Uses that exceed the height limitations, including parkin,q structures. Site development standards. e. Maximum height: Four stories or 50 feet, includinq parkinq structures. Performance standards. Structure parkinq. Any structure parking servinq the primary use on the site shall be incorporated into the buildin,q envelope and shall be compatibly desiqned. Such parking structure shall comply with all minimum setback and buffer yard requirements. Parkinq structure ceilin.q hei,qhts shall be 7'-6" except where qreater heiqhts may be required by other regulatory aqencies. Pipes, ducts and mechanical equipment installed below the ceiling shall not be lower than 7'-0" above finish floor. Sec. 31-238. Accessory uses. (n) Structure parkinq. All structure parking shall be incorporated into the buildinq envelope and shall be compatibly desi.qned to complement the primary use structure for which it serves. If the parking structure is larqer than the primary use building and any surface of the top level of the parkinq structure can be seen from the primary use building Ordinance No. 2001-15 Page 20 on the site, then that area of the top level shall be landscaped and/or decoratively paved so as to provide amenity area{s) for the buildinq occupants. All mechanical equipment on the top level shall also be screened from view. 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. Section 4. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner Grossman, who moved its adoption on first reading. The motion was seconded by Commissioner Roger-Libert, and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay Beskin Commissioner Manny Grossman Commissioner Harry Holzberg yes yes yes yes Ordinance No. 2001-15 Page 21 Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Jeffrey M. Perlow yes yes yes The foregoing Ordinance was offered by Vice Mayor Rogers-Libert, who moved its adoption on second reading. The motion was seconded by Commissioner Holzberg, and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Vice Mayor Patricia Rogers-Libert Mayor Jeffrey M. Perlow yes yes yes yes yes yes yes PASSED on first reading this 4~ day of September, 2001. PASSED AND ADOPTED on second reading this 2n~ day of October, 2001. TF-.~L=~A M. SO~ ~, (~MC/- APPROVED A~ LEGAL SUF~CIENCY: :'his~:~~~ ~the C,~ ~J~FP~EY M.~ISERLOW, MAYO---~ Clerk this /~ day of October, 2001.