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2008-03 ORDINANCE NO. 2008-03 AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING SECTION 31-144(e) "OFFICE PARK (OP) DISTRICT" OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO PERMIT DISPLAY SHOWROOMS AS A CONDITIONAL USE SUBJECT TO CERTAIN CONDITIONS; 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 permit display showrooms as a conditional use in the Office Park (OP) District, subject to certain conditions; 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 amendment 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 A VENTURA, FLORIDA, THAT: Section 1. Section 31-144(e) of the City's Land Development Regulations is hereby amended as follows 1 : "Sec. 31-44. Business Zoning Districts (e) Office Park (OP) District. 1 Underlined provisions constitute proposed additions to existing text; stricken through provisions indicate proposed deletions from existing text. Ordinance No. 2008 - 03 Page 2 (2) Conditional use. The following uses if first approved as a conditional use: h. Display Showroom. subiect to all of the followino conditions: 1. Showrooms shall be established only in coniunction with a professional or business office located within the same unit; and 2. Showrooms shall be located only on the oround floor of a buildino; and 3. Only samples related to the professional or business office use shall be displayed in the showroom; and 4. The samples displayed in the showroom shall not be sold to end users; and 5. Inventory shall not be stored in the showroom: and 6. Samples delivered to the showroom shall be utilized for display purposes only. and 7. Samples shall not be delivered to or from the showroom for use by end users; and 8. Samples delivered to the showroom for display purposes shall only be delivered to the showroom within normal business hours of the office buildino in which the showroom is located. Section 2. 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. Ordinance No. 2008 - 03 Page 3 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 Joel, who moved its adoption on first reading. This motion was seconded by Commissioner Stern, and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Bob Diamond Mayor Susan Gottlieb yes yes yes yes yes absent from the room yes The foregoing Ordinance was offered by Commissioner Auerbach, who moved its adoption on second reading. This motion was seconded by Vice Mayor Diamond, and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach yes Commissioner Teri Holzberg yes Commissioner Billy Joel yes Commissioner Michael Stern yes Commissioner Luz Urbaez Weinberg yes Vice Mayor Bob Diamond yes Mayor Susan Gottlieb yes Ordinance No. 2008 - ()"3 Page 4 PASSED on first reading this 8th day of January, 2008. PASSED AND ADOPTED on second reading this 5th day of Feo/uary, 2008. ~ EB, MAYOR PPROVED AS TO LE~CY: CITY ~!r dinance w s fil d in the Office of the City Clerk this ~ \ay of February, 2008.