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2013-02 ORDINANCE NO. 2013- 02 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 0.51 ACRE PARCEL OF LAND LOCATED AT 20605 NE 34 AVENUE, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT A, FROM RS2, RESIDENTIAL SINGLE FAMILY DISTRICT TO RMF3A, MULTIFAMILY MEDIUM DENSITY RESIDENTIAL DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the applicant, Aventura 34th AV, LLC, through Application 01-REZ-13, has applied to amend the Official Zoning Map of the City of Aventura by amending the zoning designation of the parcel legally described in Exhibit A attached hereto, from RS2, Residential Single Family District to RMF3A, Multifamily Medium Density Residential District; and WHEREAS the applicant has proffered to prepare and record a declaration of restrictive covenants in a form satisfactory to the City Attorney, restricting density on the parcel of land that is the subject of this rezoning request to no more than five (5) residential dwelling units, and the City Commission of the City of Aventura ("City Commission") has accepted such proffer; 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 held a public hearing and determined that the rezoning is consistent with the applicable provisions of the City Comprehensive Plan; and WHEREAS, the City Commission, sitting in its capacity as the governing body of the City, has held the required public hearing upon the rezoning , duly noticed in accordance with law; and Ordinance No. 2013-02 Page 2 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 complies with the criteria of Section 31-77 of the Land Development Regulations of the City Code, and is consistent with the Comprehensive Plan and the intended use of the land. 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 a 0.51 acre parcel of land located at 20605 NE 34 Avenue (Folio Number 28-1235-010-0010) from RS2, Residential Single Family District, to RMF3A, Multifamily Medium Density Residential District. (see Exhibit "A" for Legal Description) 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 Ordinance No. 2013-02 Page 3 part of the Code of the City of Aventura, and that the Official Zoning Map of the City shall be revised so as to accomplish such intentions. Section 5. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading, except that the amendment to the Official Zoning Map of the City of Aventura as provided by Section 2 of this Ordinance ( the " Rezoning" ) , shall not be effective until the expiration of a period of 31 days. If, prior to the expiration of the foregoing 31-day period, judicial review of the Rezoning is sought, the Rezoning shall not be effective until all such judicial proceedings are either dismissed or otherwise determined in favor of the validity of the Rezoning. The foregoing Ordinance was offered by Vice Mayor Luz Weinberg, who moved its adoption on first reading. This motion was seconded by Commissioner Joel, and upon being put to a vote, the vote was as follows: Commissioner Enbar Cohen yes Commissioner Teri Holzberg yes Commissioner Billy Joel yes Commissioner Michael Stern yes Commissioner Howard Weinberg yes Vice Mayor Luz Urbaez Weinberg yes Mayor Susan Gottlieb yes The foregoing Ordinance was offered by Commissioner Joel, who moved its adoption on second reading. This motion was seconded by Commissioner Holzberg and upon being put to a vote, the vote was as follows: Commissioner Enbar Cohen yes Commissioner Teri Holzberg yes Commissioner Billy Joel yes Commissioner Michael Stern yes Commissioner Howard Weinberg yes Vice Mayor Luz Urbaez Weinberg yes Mayor Susan Gottlieb absent Ordinance No. 2013-02 Page 4 PASSED on first reading this 8th day of January, 2013. PASSED AND ADOPTED on second reading this 5th of Febru.ry, 2013. All Al E A-41 FIS2-US A GOTT MAYOR ATTEST: O I 4f/ , I 'Y.- 1 0 RESA M. Sip MMC *ITY CLERK W O APPROVED AS TO EGAL SU FICIENC : )1"11, CITY ATTORNEY This Ordinance was filed in the Office of the City Clerk this b4-day of February, 2013. I �L ■ mil.] si CLERK Ei Ordinance No. 2013-02 Page 5 EXHIBIT "A" LEGAL DESCRIPTION OF PARCEL OF LAND A parcel of land described as a portion of Tract "F" of First Addition Biscayne Yacht and Country Club, according to the Plat thereof, as recorded in Plat Book 89 at Page 100 of the Public Records of Dade County (now Miami-Dade County), Florida, more particularly described as follows: Commence at the west 1/4 corner of Section 35, Township 51 South, Range 42 East, City of Aventura, Miami-Dade County, Florida; Thence S02°00'25"E for 1.60 feet to a point of curvature of a circular curve concave to the northwest; Thence along the arc of said curve, having a radius of 1091.35 feet and a central angel of 10°19'43" for 196.74 feet to a point on said curve; Thence S81°40'42"E on a line radial to the point on curve for 50.00 feet to a point on the boundary of said Tract "F"; Thence S08°19'18"W for 1.69 feet to the point of beginning of said parcel of land; Thence along the boundary of said Tract "F" for the following three (3) courses; (1) Thence continue S08°19'18"W for 96.00 fee to a point of curvature of a circular drive concave to the northeast; (2) Thence along the arc of said curve, having a radius of 50.00 feet and a central angle of 90°00'00" for 78.54 feet to the point of tangency; (3) Thence S81°40'42"E for 106.00 feet to a point on said boundary of Tract "F"; Thence N08°19'18"E for 146.00 feet; Thence N81°40'42"W for 156.00 feet to the point of beginning. This also being the same parcel of land described as Tract "A" of "Aventura Villas", according to the Plat thereof, as recorded March 22, 2010 in Plat Book 168 at Page 67 of the Public Records of Miami-Dade County, Florida.