2012-07ORDINANCE NO. 2012 -07
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE COMPREHENSIVE MASTER PLAN BY
AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR
PROPERTY LOCATED AT 3250 NE 188 STREET, MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A ", FROM
BUSINESS AND OFFICE TO MEDIUM HIGH DENSITY
RESIDENTIAL; PROVIDING FOR TRANSMITTAL TO THE
FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY
UNDER CHAPTER 163, PART II, FLORIDA STATUTES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Department of Community Affairs of the State of Florida found in
compliance the City of Aventura Comprehensive Plan (the "Plan ") in February 1999; and
WHEREAS, the Future Land Use Map of the Plan designated the subject property,
more particularly described in Exhibit "A ", Business and Office; and
WHEREAS, the owner has made application to the City to change the land use
designation from Business and Office to Medium High Density Residential; and
WHEREAS, the owner has made application to the City to approve a residential
zoning designation on the subject property, which is subject to the adoption of the
requested amendment to the land use designation; and
WHEREAS, the Plan amendment will not result in impacts on any infrastructure
system that will exceed established level of service standards and is otherwise
consistent with the goals, objectives and policies of the Plan; and
WHEREAS, the City Commission finds that it is in the best interest of the public
to amend the future land use map designation on the subject property from Business
and Office to Medium High Density Residential; and
Ordinance No. 2012 -07
Page 2
WHEREAS, the City Commission finds that the amendment will maintain the
unique aesthetic character of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Purpose. This Ordinance is intended to preserve the unique
aesthetic character of the City and ensure that adjacent land uses are compatible and it
is further intended to protect property values, create a better business climate, enhance
the physical appearance of the community and preserve the natural beauty of the City.
Section 2. Amendment of Future Land Use Map Designation. The future
land use map designation of the parcel of land situate on 3250 NE 188 Street, more
particularly described in Exhibit "A" to this Ordinance, totaling 7.082 acres more or less
and having folio numbers 28 2203 053 0010 and 28 2203 053 0020, is hereby
changed from Business and Office to Medium High Density Residential.
Section 3. 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 4. Inclusion in the Comprehensive Plan. It is the intention of the
City Commission and it is hereby ordained that the provisions of this Ordinance shall
become and made a part of the Comprehensive Plan of the City of Aventura and that
Ordinance No. 2012 -07
Page 3
the Future Land Use Map of the Comprehensive Plan shall be revised so as to
accomplish such intentions.
Section 5. Transmittal. The City Clerk is directed to transmit the amendment
to the State of Florida Department of Economic Opportunity, Division of Community
Development as provided under Chapter 163, Part II of the Florida Statutes.
Section 6
Effective Date
Chapter 163 of the Florida Statutes.
This Ordinance shall be effective pursuant to
The foregoing Ordinance was offered by Commissioner Stern, who moved its
adoption on first reading. This motion was seconded by Vice Mayor Holzberg, and
upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
yes
Commissioner Bob Diamond
yes
Commissioner Billy Joel
yes
Commissioner Michael Stern
yes
Commissioner Luz Urbaez Weinberg
yes
Vice Mayor Teri Holzberg
yes
Mayor Susan Gottlieb
yes
The foregoing Ordinance was offered by Vice Mayor Holzberg who moved its
adoption on second reading. This motion was seconded by Commissioner Joel, and
upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
yes
Commissioner Bob Diamond
yes
Commissioner Billy Joel
yes
Commissioner Michael Stern
yes
Commissioner Luz Urbaez Weinberg
yes
Vice Mayor Teri Holzberg
yes
Mayor Susan Gottlieb
yes
Ordinance No. 2012 -Q2
Page 4
PASSED on first reading this 5th day of June, 2012.
PASSED AND ADOPTED on second reading this 10th day of July, 2012.
u Mayor
1� CLERK
APPROVED AS TO LEGAL SUFFI NCY:
CITY ATTORN Y
Ordinance No. 2012 -07
Page 5
EXHIBIT "A"
Legal Description of Subject Property
Lots A and B, of Magnum Marine Plat, according to the Plat thereof, as recorded in Plat
Book 147, Page 12, of the Public Records of Miami -Dade County, Florida.
Also known as:
A portion of that certain property deed to Gautier to Maule Industries Inc. and described
in Deed Book 630 at Page 67 of the Public Records of Dade County, Florida, said
portion being particularly described as follows: A portion of the Southeast '/4 of the
Fractional Section 3, Township 52 South, Range 42 East, Dade County, Florida being
particularly described as follows:
Commence a the Southwest corner of the Southeast '/4 of the Northeast % of the
Southwest '/4 of said Fractional Section 3, Township 52 South, Range 42 East; thence
run South 89 degrees 56 minutes 45 seconds East along the south line of the
southeast '/4 of the Northeast '/4 of the southwest '/4 of Fractional Section 3 for a
distance of 450 feet; then run North 00 degrees 39 minutes 25 seconds West for a
distance of 185.83 feet; thence run North 89 degrees 20minutes 35 seconds East for a
distance of 1,217.70 feet to the point of beginning of the property herein described;
thence continuing North 89 degrees 20 minutes 3 seconds East for 588.95 feet; then
run North 00 degrees 39 minutes 25 seconds West for 35 feet; thence North 89
degrees 20 minutes 35 seconds East for 400 feet; thence run South 00 degrees 31
minutes 59 seconds East for 318.42 feet to the mean high water line of Dumfounding
Bay and adjacent canal; thence along the said mean high water line for the next ten
courses, run South 83 degrees 53 minutes 28 seconds West for 87.62 feet; thence run
North 83 degrees 58 minutes 15 seconds West for 113.67 feet; thence run South 79
degrees 49 minutes 50 seconds West for 74.60 feet; thence run South 86 degrees 39
minutes 18 seconds West for 115.35 feet; thence run North 89 degrees 06 minutes 17
seconds West for 121.75 feet; thence run North 81 degrees 26 minutes 33 seconds
West for 74.61 feet; thence run South 84 degrees 00 minutes 20 seconds West for
100.78 feet; thence run North 87 degrees 42 minutes 10 seconds West for 111.98 feet;
thence run South 86 degrees 48 minutes 26 seconds West for 91.38 feet; thence run
North 82 degrees 21 minutes 58 seconds Wes for 101.59 feet to the point of
termination of the mean high water line; thence run North 0 degrees 39 minutes 25
seconds West for a distance of 274 feet to the point of beginning.
Together with that certain property located in Miami -Dade County more particularly
described as follows:
Ordinance No. 2012 -07
Page 6
EXHIBIT "A"
(continued)
Commence at the Northwest corner of the North '/2 of the North Y2 of the South '/ of the
SE '/4 of Fractional Section 3, Township 52 South, Range 42 East, of Dade County,
Florida; thence run 00 degrees 31 minutes 59 seconds East along the west line of the
SE '/4 of Fractional Section 3 for 155.33 feet to a point that is 175 feet North of the
Southwest corner of said North '/2, North Y2 , South %2, SE '/4 for 1989 feet to the
Southeast corner of the 7.65 acre parcel described in trustees of the Internal
Improvement Fund Deed No. 21380; thence run North 00 degrees 31 minutes 59
seconds West along the east line of said 7.65 acre parcel for 8.7 feet, more or less, to
the north bank of the existing canal, being the southeast corner of the 16.0 acre parcel
described in ORB 630 at Page 67 of the Public Records of Dade County, Florida and
being the point of beginning of the hereinafter described parcel
From said point of beginning, thence run South 00 degrees 31 minutes 59 seconds
East along last described line, for 78.7 feet more or less to the southeast corner of said
7.65 acre parcel; thence run North 89 degrees 58 minutes 51 seconds West along the
south line of said 7.65 acre parcel for 300 feet to the point of intersection with the
northerly extension of the east line of the 11.93 acre parcel as described in trustees of
the Internal Improvement Fund Deed No. 21379; thence run North 00 degrees 31
minutes 59 seconds West along last described northerly extension for 77.3 feet more or
less to the north bank of the existing canal, as described in the 16.0 acre parcel
description; thence run Easterly meandering the north bank of the existing canal, as
described in the 16.0 parcel for 300 feet more or less to the point of beginning.