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2008-02 ORDINANCE NO. 2008-02 AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING SECTION 31-171(a)(6) "OFF-STREET PARKING, LOADING AND DRIVEWAY STANDARDS" OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO PERMIT MECHANICAL PARKING LIFTS TO BE COUNTED AS REQUIRED PARKING SPACES 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 provide for automated parking through the use of parking lifts, robotic and mechanical parking systems, 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 31-171\a)(6) of the City's Land Development Regulations is hereby amended as follows : "ARTICLE VIII. OFF-STREET PARKING, LOADING AND DRIVEWAY STANDARDS Sec. 31-171. Off-street parking and loading standards. (a) General. Every building, use or structure, instituted or erected after the effective date of this chapter shall be provided with off-street parking facilities in accordance with the provisions of this section for use of occupants, employees, visitors 1 Underlined provisions constitute proposed additions to existing text; stricken through provisions indicate proposed deletions from existing text. Ordinance No. 2008 - 02 or patrons. Such off-street parking facilities shall be maintained and continued as an accessory use as long as the main use is continued. (6) Size and character OF[ required parking. The following design requirements shall be observed for off-street parking: a. Size; parking stalls. Each parking space required and provided pursuant to the provisions of this article shall be not less than nine feet in width and 18 feet in length, except as provided in Section 31-171(a)(6)i. ... d. Accessibility. In all zoning districts, the width of accessory aisles and driveways shall be substantially in conformance with the standards set for in figure 31- 171 (1). Every space shall be accessible without driving over or through another parking space, except as provided in Section 31-171(a)(6)i. ... 1. Parkina Lifts. For the purposes of this section. "parkinQ lifts" shall be defined as an electro-hydraulic mechanism in a multifamily residential buildinQ or in a non- residential buildinQ that lifts a parked passenQer vehicle to make space available to park a passenQer vehicle below it in a sinQle vertical tandem fashion. A parkinQ lift space may be counted as a parkinQ space required by Section 31-171(b), and shall not be subiect to the minimum parkinQ stall size requirements of Section 31-171(a)(6)a.. provided that all of the followinQ conditions are fulfilled: 1) A traffic QueuinQ analysis shall be submitted by the owner of the buildinQ for parkinQ areas usinQ parkinQ lifts. for review and approval by the City ManaQer. to ensure efficient processinQ times and Queue lenQths. The number of parkinQ lifts permitted to be counted as required parkinQ spaces shall be determined by the approved QueuinQ analysis; and 2) All parkinQ lifts shall be located within a fully enclosed parkinQ QaraQe and shall not be visible from exterior view. No outside parkinQ lifts shall be permitted; and 3) ParkinQ lifts shall be permitted only when operated by an attendant or a licensed and insured valet parkinQ company on a 24 hour/7 -days-a-week basis. to be confirmed by Restrictive Covenant to be recorded by the owner/applicant prior to establishment of the use: and 4) No resident. Quest. patron or customer of the buildinQ shall be permitted to operate the parkinQ lift. A physical barrier shall be placed in the parkinQ area to prohibit access to the parkinQ lift area by residents. Quests. patrons or customers of the buildinQ; and Ordinance No. 2008 - 02 5) All parkinQ lifts shall be maintained and kept in Qood workinQ order; and 6) The parkinQ lift platform must be sealed and of a sufficient width and lenQth to completely cover the bottom of the vehicle on the platform to prevent drippinQ liauids or debris onto the vehicle below; and 7) All lifts must be desiQned so that power is reauired to lift the car. but that no power is reauired to lower the car. in order to ensure that the lift can be lowered and the top vehicle can be accessed in the event of a power outaQe; and 8) All parkinQ lifts must be desiQned to prevent lowerinQ of the lift when a vehicle is parked below the lift; and 9) CeilinQ heiQhts of any parkinQ level with parkinQ lifts shall be sufficient to accommodate all types of passenQer vehicles. Such reauired heiQht shall be proposed in the traffic aueuinQ study and approved by the City EnQineer; and 10) Noise and vibration barriers shall be utilized to ensure that surroundinQ walls decrease sound and vibration emissions outside of the parkinQ QaraQe. i. No automated parkinQ system. other than the parkinQ lifts defined in Section 31-171(a)(6)i.. shall be permitted as a reauired parkinQ space unless first approved as a conditional use by the City Commission at a public hearinQ followinQ the procedures in Section 31-73 of the City Code. 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. Ordinance No. 2008 - 02 The foregoing Ordinance was offered by Commissioner Auerbach, who moved its adoption on first reading. This motion was seconded by Commissioner Weinberg, 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 PASSED on first reading this 8th day of January, 2008. Ordinance No. 2008 - 0 2- Page 5 PASSED AND ADOPTED on second reading this 5th day of Feb ary, 2008. / in the Office of the City Clerk thisb~ of February, 2008.