2012-08ORDINANCE NO. 2012-08
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE OFFICIAL ZONING MAP OF THE CITY
OF AVENTURA BY AMENDING THE ZONING
DESIGNATION FOR A PARCEL OF LAND LOCATED AT
3250 NE 188 STREET AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT A, FROM OP, OFFICE PARK
DISTRICT TO RMF313, MULTIFAMILY MEDIUM DENSITY
RESIDENTIAL DISTRICT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the applicant, PMG Aventura LLC, through Application No. 01 -REZ-
12, has applied to amend the Official Zoning Map of the City of Aventura by amending
the zoning designation for a parcel of land (the "Property ") at 3250 NE 188 Street, as
legally described in Exhibit "A" attached hereto, from OP, Office Park District to RMF313,
Multifamily Medium Density Residential District; and
WHEREAS the applicant has proffered to prepare and record on title to the land
described in Exhibit "A" to this Ordinance, a declaration of restrictive covenants to restrict
density on the parcel of land subject of this rezoning request to no more than 225
residential dwelling units on this 7.082 acre parcel and including any contiguous
submerged land that may subsequently be acquired by the applicant or landowner, and
the City Commission has accepted such proffer; and
WHEREAS, the City Commission concurrently with this rezoning application has
considered a small scale Comprehensive Plan amendment to change the land use
designation of the Property from Business and Office to Medium High Density
Residential (01- CPA -12); and
WHEREAS, the City Commission has been designated as the local planning
agency for the City pursuant to Section 163.3174, Florida Statutes, and as the local
planning agency has determined that the rezoning is consistent with the applicable
provisions of the City Comprehensive Plan as proposed to be amended; 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 application for rezoning and
has considered the testimony of all interested parties at the public hearings, and has
determined that the rezoning action set forth in this Ordinance is consistent with the
Comprehensive Plan, as proposed to be amended, and with the health, safety and
welfare of the City.
Ordinance No. 2012 -08
Page 2
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Recitals. The foregoing whereas clauses are hereby ratified and
incorporated within this ordinance.
Section 2. Official Zoning Map Amended. That the Official Zoning Map of the
City of Aventura is hereby amended by amending the zoning designation for the parcel
of land located at 3250 NE 188 Street with legal description described in Exhibit "A" and
folio numbers 28 2203 053 0010 and 28 2203 053 0020, from OP, Office Park District,
to RMF3B, Multifamily Medium Density Residential District.
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 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 5. Effective Date. This Ordinance shall be effective immediately upon
the effective date of the small scale amendment to the Comprehensive Plan (01- CPA -12)
Ordinance No. 2012 -08
Page 3
and upon recordation of the proffered declaration of restrictive covenants, in form
satisfactory to the City Manager and City Attorney, restricting density to no more than 225
residential dwelling units on this parcel, including any additional contiguous submerged
land that may subsequently be acquired by the applicant or landowner. The applicant
has proffered to record the declaration of restrictive covenants prior to January 31, 2013
or prior to issuance of the site development building permit, whichever date is earlier.
The foregoing Ordinance was offered by Commissioner Weinberg, who moved
its adoption on first reading. This motion was seconded by Commissioner Diamond,
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 Commissioner Auerbach, who moved
its adoption on second reading. This motion was seconded by Commissioner
Diamond, 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 -08
Page 4
PASSED on first reading this 5th day of June, 2012.
PASSED AND ADOPTED on second reading this 10th day of July, 2012.
san Gottlieb, Mayor
AT;L �� , eQ
f . •.
CIW CLERK
APPROVED AS /O �L�EGAL SUM IENCY:
r"1
CITY ATTORNEY
This OrdinIv-
<51TY ance a iled in the Office of the City Clerk this
CLER
day of July, 2012.
Ordinance No. 2012 -08
Page 5
Exhibit "A"
Legal Description of 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 '/ 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 % of the Northeast '/ of the southwest Y4 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 -08
Page 6
EXHIBIT "A"
(continued)
Commence at the Northwest corner of the North 'h of the North Y2 of the South Y2 of the
SE Y4 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 Y4 of Fractional Section 3 for 155.33 feet to a point that is 175 feet North of the
Southwest corner of said North Y2, North Y2 , South %z, SE '/ 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