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2014-02ORDINANCE NO. 2014 -02 AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR A 3.359 ACRE PARCEL OF LAND LOCATED ON NE 207 STREET AT NE 30 AVENUE, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" TO THIS ORDINANCE, FROM MEDIUM HIGH DENSITY RESIDENTIAL TO TOWN CENTER; AND AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION OF A 4.032 ACRE PARCEL OF LAND LOCATED ON NE 207 STREET AT NE 30 AVENUE, MORE PARTICULARLY DESCRIBED IN EXHIBIT "B" TO THIS ORDINANCE, FROM BUSINESS AND OFFICE TO TOWN CENTER; PROVIDING FOR TRANSMITTAL TO THE AGENCIES AS REQUIRED UNDER CHAPTER 163, PART II, FLORIDA STATUTES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Division of Community Planning of the Florida Department of Economic Opportunity found in compliance the City of Aventura Comprehensive Plan (the "Plan ") in March 2007; and WHEREAS, the Future Land Use Map of the Plan designated the 3.359 acre parcel of land described in Exhibit "A" as Medium High Density Residential; and WHEREAS, the Future Land Use Map of the Plan designated the 4.032 acre parcel of land described in Exhibit "B" as Business and Office; and WHEREAS, the owner, through Application No. 01- CPA -14, has made application to the City to change the land use designation of the 3.359 acre parcel of land from Medium High Density Residential to Town Center and to change the land use designation of the 4.032 acre parcel of land from Business and Office to Town Center; Tit: Ordinance No. 2014 -02 Page 2 WHEREAS, the Plan amendments 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 believes that it is in the best interest of the public to amend the Future Land Use Map designations on the subject property from the Business and Office and Medium High Density Residential designations to the Town Center designation; and WHEREAS, the proposed amendments to the Future Land Use Map designation were reviewed by the City Commission, sitting as the Local Planning Agency designated under Section 163.3174, Florida Statutes, following an advertised public hearing; and WHEREAS, the City Commission finds that the amendments 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. The foregoing whereas clauses are hereby ratified and incorporated into this Ordinance. Section 2. Purpose. This Ordinance is intended to preserve the unique aesthetic character of the City and ensure that adjacent land uses are compatible and to protect property values, create a better business climate, enhance the physical appearance of the community and preserve the natural beauty of the City. K Ordinance No. 2014 -02 Page 3 Section 3. Amendment of Future Land Use Map Designation. The future land use map designation of the parcel of land situate on NE 207 Street at NE 30 Avenue more particularly described in Exhibit "A" to this ordinance, totaling 3.359 acres is hereby changed from Medium High Density Residential to Town Center. Section 4. Amendment of Future Land Use Map Designation. The future land use map designation of the parcel of land situate on NE 207 Street at NE 30 Avenue more particularly described in Exhibit "B" to this ordinance, totaling 4.032 acres is hereby changed from Business and Office to Town Center. Section 5. 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 6. 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 the Future Land Use Map of the Comprehensive Plan shall be revised so as to accomplish such intentions. 3 Ordinance No. 2014 -02 Page 4 Section 7. Transmittal. The City Clerk is directed to transmit the amendment to the Division of Community Planning of the Florida Department of Economic Opportunity as provided under Chapter 163, Part II of the Florida Statutes. Section 8 Effective Date Chapter 163 of the Florida Statutes. This Ordinance shall be effective pursuant to 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 Enbar Cohen yes Commissioner Teri Holzberg yes Commissioner Billy Joel yes Commissioner Michael Stern yes Commissioner Luz Urbaez Weinberg yes Vice Mayor Howard Weinberg yes Mayor Susan Gottlieb absent The foregoing Ordinance was offered by Commissioner Holzberg, who moved its adoption on second reading. This motion was seconded by Commissioner Stern, 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 Luz Urbaez Weinberg yes Vice Mayor Howard Weinberg yes Mayor Susan Gottlieb yes 4 Ordinance No. 2014 -�2 Page 5 PASSED on first reading this 7th day of January, 2014. PASSED AND ADOPTED on second reading this 4th day of February, 2014. ATTEST: OESA M. O f* CLERK J"'Tr' _ C� SU A OTT IEB, MAYOR APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY 5 LEGAL DESCRIPTION: All of Lots 7 through 13, 38 through 42 and a portion of Lots 14, 33 through 37, all of Block 18, HALLANDALE PARK No. 8, including the ten (10) foot alleys adjacent to said lots, lying within said Block 18, as recorded in Plot Book 20 at Page 49. All of Tract 1. LAURANNA, as recorded in Plot Book 76 at Page 31. All of Lots 1, 2, 6 through 13, 38 through 42 and a portion of -ots 14 and 37, all of Block 17, HALLANDALE PARK No. 8, including the ten (10) foot alleys adjacent to said lots in Block 17, as recorded in Plot Book 20 at Page 49. Tract 1, Block 17, REPLAT OF A PORTION OF HALLANDALE PARK No. 8, as recorded in Plat Book 40 at Page 97. That portion of the North One -half of N.E. 205th street abandoned by Resolution No. 2000 -11 recorded in O.R.B. 19247 at Page 4677. That portion of N.E. 206th Street bounded on the North by Block 18 and bounded on the South by Block 17 and bounded on the East by the West right -of -way line of N.E. 30th Avenue (East Dixie Highway) all being as shown on HALLANDALE PARK No. 8, as recorded in Plat Book 20 at Page 49. A portion of land bounded by on the North by a line 81.00 feet South of and parallel or concentric with the North line of Waterways Boulevard as shown on AVENTURA CORPORATE CENTER, as recorded in Plot Book 158. Page 47, and bounded on the South by the North. line of Block 18, HALLANDALE PARK N0. 8, as recorded in Plot Book 20 at Page 49, all the above plats being of the Public Records of Miami -bode County, Florida, lying and being in the City of Aventura and being more particularly described as follows: Commence at the intersection of the centerline of N.E. 205th Street and the centerline of N.E. 30th Avenue, both as shown on said PLAT OF HALLANDALE PARK NO. 8; thence North 89'53'41" West along said centerline of N.E. 205 Street for 35.01 feet to the Point of Beginning of the hereinafter described parcel of land; thence continue North 89'53'41" West along said centerline for 261.97 feet; thence North 00'00'00" East for 422.33 feet; thence North 90'00'00" West for 119.97 feet; thence North 00'00'00" East for 135.92 feet, thence South 76'00'36" East along a line 81.00 feet South of and parallel with North right -of -way line of Waterways Boulevard for 86.13 feet to a point of curvature; thence Southeasterly along a 1519.00 foot radius curve leading to the left through a central angle of 7'37'02" for on arc distance of 201.94 feet; thence South 00'52'30" East along a line 10.00 feet East of a 10.00 foot alley adjacent to said Lot 42, Block 18 of HALLANDALE PARK NO. 8 for 8.92 feet to the Northwest corner of said Tract 1 of LAURANNA; thence South 89'50'24" East along the North line of said Tract 1 for 70.42 feet to a point of curvature; thence Southeasterly along a 25.00 foot radius curve leading to the right through a central angle of 88'57'54" for an arc of 38.82 feet to a point of tangency; thence South 00'52'30" East along the East line of said Tract 1 for 122.65 feet to the Southeast corner thereof; thence South 89'51'49° East along the North line of said Lot 7, Block 18 HALLANDALE PARK NO, 8 for 5.00 feet to the Northeast corner thereof; thence South 00'52'30" East along the East line of said Lots 7 and 8, Block 18 and the Southerly extension thereof for 164.42 feet to the Southeast corner of said Lot 2, Block 17 of HALLANDALE PARK NO. 8; thence North 89'52'27" West along the South line of said Lot 2, Block 17 for 5.00 feet to the Northeast corner of said Tract 1 of REPLAT OF A PORTION OF HALLANDALE PARK NO. 8; thence South 00'52'30 East along the East line of said Tract 1 for 75.01 feet to the Southeast corner thereof; Thence South 89'53'04" East along the North line of said Lot 6, Block 17 for 5.00 feet to the northeast corner of said Lot 6; thence South 00'52'30" East along the East line of said Lots 6, 7 & 8, Block 17 for 56.77 feet to a point of curvature; thence Southwesterly along a 25.00 foot radius curve leading to the right through a central angle of 36'52'05" for an arc of 16.09 feet; thence South 00'52'30" East along a line 35.00 feet West of and parallel to the center line of said NE 30th Avenue for 35.35 feet to the Point of Beginning. c _ z. LEGAL DESCRIPTION All of Lots 15 through 32 and a portion of Lots '14 and 33, all in Block 18, HALLANDALE PARK NO. 8, including the ten (10) foot alleys adjacent to said lots, lying within said Block 18, as recorded in Plat Book 20 at Page 49. All of Lots 15 through 36 and a portion of Lots 14 and 37, all in Block 17, HALLANDALE PARK NO. 8, including the ten (10) foot alleys adjacent to said lots in Block 17, as recorded in Plat Book 20 at Page 49. That portion of the North One -half of N.E. 205th Street abandoned by Resolution No. 2000 -11 recorded in O.R.B. 19247 at Page 4677. That portion of N.E. 206th Street bounded on the North by Block 18 and bounded on the South by Block 17 all being as shown on HALLANDALE PARK NO. 8, AS RECORDED IN Plat Book 20 at Page 49. A portion of land bounded by on the North by a line 81.00 feet South of and parallel or concentric with the North line of Waterways Boulevard as shown on AVENTURA CORPORATE CENTER, as recorded in Plat Book 158, Page 47, and bounded on the South by the North line of Block 18, HALLANDALE PARK NO. 8, as recorded in Plat Book 20 at Page 49, all the above plats being more particularly described as follows: Commence at the intersection of the centerline of N.E. 205th Street and the centerline of N.E. 30th Avenue, both as shown on said PLAT OF HALLANDALE PARK NO. 8; thence North 89 °53'41" West along said centerline of N.E. 205th Street for 296.98 feet to the Point of Beginning of the hereinafter described parcel of land; thence North 00 °00'00" East for 422.33 feet; thence North 90 °00'00" West for 119.97 feet; thence North 00 °00'00" East for 135.92 feet; thence North 76 °00'36" West along a line 81.00 feet South of and parallel with North right -of -way line of Waterways Boulevard for 204.27 feet to a point of curvature; thence Southwesterly along a 25.00 foot radius curve, leading to the left, through a central angle of 104 °55'50" for an arc distance of 45.78 feet to a point of tangency; thence South 00 °56'26" East along the West line of said Blocks 17 and 18 and the Northerly extension thereof for 533.59 feet to a point of curvature; thence Southeasterly along a 25.00 foot radius curve, leading to the left, through a central angle of 88'57'15" for an arc distance of 38.81 feet to a point of tangency; thence South 89 °53'41" East along the South line of said Block 17 for 299.35 feet; thence South 00 °56'20" East for 25.00 feet; thence South 89 °53'41" East for 18.67 feet to the Point of Beginning. Exhibit "B"