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2003-08ORDINANCE NO. 2003-08 AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING SECTION 31-143(g) "MULTIFAMILY MEDIUM DENSITY RESIDENTIAL DISTRICTS (RMF3B)" OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO PROVIDE OPPORTUNITY FOR HEIGHT BONUSES, TRANSFER OF DENSITIES AND LOT COVERAGE CREDIT WHERE DEDICATIONS FOR CERTAIN PUBLIC LANDS ARE PROVIDED; 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 incentives for the dedication of land for public educational, recreational or cultural municipal purposes in the appropriate cimumstances in Multifamily Medium Density Residential Districts; and WHEREAS, the City Commission has deten~nined that the ability to obtain height bonuses, transfer of densities and lot coverage credits is an appropriate incentive for these purposes; and WHEREAS, the City Commission has been designated as the Local Planning Agency for the City pursuant to Section 163.3174, Flodda Statutes; and WHEREAS, the Local Planning Agency has reviewed the proposed amendments pursuant to the required public headng 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 31-143(g) of the City's Land Development Regulations is hereby amended to add paragraph (9) as follows]: (g) Multifamily Medium Density Residential Districts (RMF3B). (9) Bonus heiRht provisions. If the applicant for a development permit under this section 31-143(.(:1) proposes to dedicate land to the City for educational, recreational or cultural municipal purposes, which land is acceptable to the City Commission, the City Commission may approve a bonus hei.qht for any multifamily buildin,q not to exceed a maximum of eleven stories or 135 feet, subject to the provisions hereof. Where the Commission approves such bonus hei.qht, the followin.q standards shall apply: a. The development permit shall be considered a conditional use and the application shall be subiect to the conditional use requirements of Section 31-73. b. The minimum size of the dedicated land shall be 1.5 acres. c. At the discretion of the City Commission, the density otherwise available on the land to be dedicated ma,/ be transferred, and credit for acreaRe in the dedicated land in the calculation of the lot coveraRe otherwise required may be .qranted, in whole or in part, to (1) the parcel that receives the conditional use approval or (2) any adjacent property that is located on the same side of the street as the applicant and that is bound to the applicant's site by a declaration of restrictive covenant entered into between the properties. The restrictive covenant shall be made part of the conditional use approval, shall be in a form acceptable to the City Attomey, and shall be filed at the applicant's expense in the public records of Miami-Dade County. If multiple property owners propose to dedicate the same land to receive the hei.qht bonus allowable pursuant to this section 31-143(.q), then each property owner shall apply for conditional use approval and meet the criteda of this section. Multiple property owners may be eli.qible for such approvals only if they own adjacent properties located on the same side of the street; and the properties must be bound by a declaration of restrictive covenant, made part of each conditional use approval, in a form acceptable to the City Attorney, and filed at the owners' expense in the public records of Miami-Dade County. The form of the conveyance shall be approved by the City ~ Underlined provisions constitute proposed additions to existing text; stdd4er~thr~,~-provisions indicate proposed deletions from existing text. Attorney. f. Minimum open space shall be 40 percent of the total lot area. g. Any structure parking serving the primary use on the site shall be incorporated into the building envelope and shall be compatibly designed. Such parkin.q structure shall comply with all minimum setback and buffer yard requirements and shall be counted in computin,q buildin.q hei.qht. h. There shall be no maximum floor area ratio. i. As part of the conditional use approval, the City Commission may approve architectural desi,qn standards other than the Mediterranean desi.qn features required under Section 31- 143(.q)(6)a. of the Land Development Re~lulations. j. All other provisions of the Land Development Re.qulations shall apply. 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 Vice Mayor Grossman, who moved its adoption on first reading. This motion was seconded by Commissioner Cohen, and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Bob Diamond Commissioner Harry Holzberg Vice Mayor Manny Grossman Mayor Jeffrey M. Perlow yes no yes yes absent yes yes The foregoing Ordinance was offered by Commissioner Holzberg, who moved its adoption on second reading. This motion was seconded by Commissioner Cohen, and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Bob Diamond Commissioner Harry Holzberg Vice Mayor Manny Grossman Mayor Jeffrey M. Pedow yes no yes yes yes yes yes PASSED on first reading this 6th day of May, 2003. PASSED AND ADOPTED on second reading th~s :3r~/~.~f June, T~I~ESA M. S/~I~KA,ICMC ~Y CLERK(~ V 2003. ~EF~FREY-I~. PERLOW, MAYOR APPROVED AS TO LEGAL SUFFICIENCY: CITY A~-FORN~Y This Ordinance was filed in the Office of the City Clerk this? day of June, 2003.