2004-11
ORDINANCE NO. 2004- 11
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
CONCERNING AN APPLICATION TO AMEND THE
OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY
AMENDING THE ZONING DESIGNATION FOR ONE (1)
PARCEL OF LAND LOCATED AT 3205 NE 188 STREET
FROM RMF3B, MULTI-FAMILY MEDIUM DENSITY
RESIDENTIAL DISTRICT TO CF, COMMUNITY
FACILITIES DISTRICT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Aventura recognizes the City's
growing number of younger families and a problem of school overcrowding; and
WHEREAS, the City of Aventura is desirous of amending the Official Zoning Map
of the City of Aventura by amending the zoning designation for one (1) parcel of land
located at 3205 NE 188 Street from RMF3B, Multi-Family Medium Density Residential
District to CF, Community Facilities District to allow for the construction of a middle
school wing to the City's Charter School; and
WHEREAS, the City Commission has held the required public hearings, duly
noticed in accordance with law; 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
Ordinance No. 2004- 11
Page 2
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 and intended use of the land.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1.
That the Official Zoning Map of the City of Aventura is hereby
amended by amending the zoning designation for one (1) parcel of land located at 3205
NE 188 Street (Folio Number 28-2203-000-0330) from RMF3B, Multi-Family Medium
Density Residential District to CF, Community Facilities District (see Exhibit "A" for
property description).
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 and that the Official Zoning Map of the City may
be revised so as to accomplish such intentions.
Section 4. Effective Date. This Ordinance shall be effective immediately upon
Ordinance No. 2004- 11
Page 3
adoption on second reading.
The foregoing Ordinance was offered by Commissioner Holzberg, 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 Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Bob Diamond
Mayor Jeffrey M. Perlow
yes
yes
yes
yes
yes
yes
yes
The foregoing Ordinance was offered by Commissioner Cohen, who moved its
adoption on second reading. This motion was seconded by Commissioner Auerbach
and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Bob Diamond
Mayor Jeffrey M. Perlow
yes
yes
yes
yes
yes
yes
yes
PASSED on first reading this 4th day of May, 2004.
Ordinance No. 2004- .!!..-
Page 4
PASSED AND ADOPTED on second reading this 1st day of June, 2004.
~~
~ {~
~ M'~LOW, YOR
APPROVED AS TO LEGAL SUFFICIENCY:
f~
,.,¡
Office of the City Clerk this Z- day of June, 2004.
EXHlBrr "An
LF:GAL DF:SCRIPTIOr::¡
^ portio~ of the South half ofScction 3, Township 52 South, Range 42 E~st, Miami-Dade County,
Florida, more particularly described as follows:
Commence at the center ofSect!oll 3, Township 52 South, Range 42 East, Mlami-
Dade County, Fiend": thence rull North 89 degrees 50'55" West along the North line
oCthc S.W. 1/4 ofsGid Section 3 for a dist~!\ce 01'670.26 feel to the N.W. corner of
the E 1/2 of the N.!::. 1/4 of the S.W. 114 of Si\id Sccllon 3: thence run South 0
degrees 39'25" East along the Weslli~e of the E 112 of\he N.E. 1/4 oflhe S.W. 1/4
or said S~elion 3 for a distance of 1,107.11 feet \0 a point; thence fun North 89
degrees 20'35" East lor a distance of 1,597.55 feet to a point; thence run North 0
degrees 39'25" West for a dista!\ee 01'35.0 fœl \0 the point orbeginning orlhe Imet
orland herein described; thence eonlinl\e North 0 degrees 39'25"Wcst for a distance
of3 \ 2.890 feet 10 the center line ora canal; thence run South 89 degrees 56'45" East
along the ccnter line of said canal for a distance 0[218.716 feet to a point; thence run
Sollth 0 degrees 39'25" East for a distance of 31 0.18 to a point; thence r\lll So\lth 89
degrees 20'35" West for a distallce of 218.70 feel 10 a point ofbcginning.
Together with all rights to an easement in, 011, under, thro\lgh, over and across th~
entire 62.5 foot canal from its property to Dl1mfoundling Bay, in the same manner
and to tile same extent and with the same ri~hts, as evidenced by Deed recorded in
Official Records Book 179Q, at Page 9, of the Public Records of Miami-Dade
County, Florida.