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Ordinance No. 2017-14 Amending Zoning Designation on Zoning Map for Land on North Side of NE 213 Street - November 7, 2017 ORDINANCE NO. 2017-14 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 2.0 ACRE PARCEL OF LAND LOCATED ON THE NORTH SIDE OF NE 213 STREET AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" TO THIS ORDINANCE, FROM B2, COMMUNITY BUSINESS DISTRICT TO MO, MEDICAL OFFICE DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the applicant, Gulfstream Park Racing Association Inc., through Application No. 01-REZ-17, 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") on the north side of NE 213 Street, as legally described in Exhibit "A" attached hereto, from B2, Community Business District to MO, Medical Office District; 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 and furthers the health, safety and welfare of the City. 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. City of Aventura Ordinance No. 2017-14 Section 2. Official Zoning Map Amended. The Official Zoning Map of the City of Aventura is hereby amended by amending the zoning designation for the 2.0 acre parcel of land located on the north side of NE 213 Street with legal description described in Exhibit "A" to this Ordinance, from B2, Community Business District, to MO, Medical Office 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. Revision of Zoning Map. It is the intention of the City Commission, and it is hereby ordained that the Official Zoning Map of the City may be revised so as to accomplish such intentions. Section 5. Disclaimer and Condition. Issuance of this development order by the City of Aventura does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City of Aventura for issuance of the development order if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All applicable state and federal permits must be obtained before commencement of the development. This condition is included pursuant to Section 166.033, Florida Statutes, as amended. Section 6. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. Page 2 of 4 City of Aventura Ordinance No. 2017-14 The foregoing Ordinance was offered by Commissioner Dr. Marks, who moved its adoption on first reading. This motion was seconded by Commissioner Shelley and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Yes Commissioner Dr. Linda Marks Yes Commissioner Gladys Mezrahi Yes Commissioner Marc Narotsky Yes Commissioner Robert Shelley Yes Vice Mayor Howard Weinberg Yes Mayor Enid Weisman Yes The foregoing Ordinance was offered by Vice Mayor Shelley, who moved its adoption on second reading. This motion was seconded by Commissioner Mezrahi and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Yes Commissioner Dr. Linda Marks Yes Commissioner Gladys Mezrahi Yes Commissioner Marc Narotsky Yes Commissioner Howard Weinberg Yes Vice Mayor Robert Shelley Yes Mayor Enid Weisman Yes PASSED on first reading this 14th day of June, 2017. Pae 3 014 City of Aventura Ordinance No. 2017-14 PASSED AND ADOPTED on second reading this 7th day of November, 2017. / 7 --)---- NID WEISMAN, MAYOR (s.., FLOC (2,r'U f ATTEST: ELLISA L. HORVAT 4 C CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Ordinance was filed in the Office of the City Clerk this —7 day of NIC'V , 2017. l a" -1/4-- CITY CLERK Page 4 of 4 • CP- STONER & ASSOCIATES, INC. SURVEYORS-MAPPERS 4341 S.W. 62nd Avenue Florida Licensed SurveyTel. (954) 585-0997 Davie, Florida 33314 and Mapping Business No. 633 Fax (954) 585-3927 LEGAL DESCRIPTION OF TWO ACRE GULFSTREAM PARCEL A PORTION OF TRACT A OF DONN ACRES SECTION 34-51-42 (P.B. 76, PG. 30, M.D.C.R.) CITY OFAVENTURA, MIAMI-DADE COUNTY, FLORIDA LEGAL DESCRIPTION: NOTES: A PARCEL OF LAND BEING A PORTION OF TRACT A,DONN 1.THE PROPERTY SHOWN HEREON WAS NOT ABSTRACTED FOR OWNERSHIP,RIGHTS-OF-WAY,EASEMENTS OR OTHER MATTERS OF ACRES ALSO BEING A PORTION OF THE NORTH ONE-HALF(N. 1/2)OF SECTION 34,TOWNSHIP 51 SOUTH,RANGE 42 EAST, RECORD. ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2.THIS SKETCH AND DESCRIPTION IS"NOT VALID"WITHOUT THE 76,PAGE 30,OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED FLORIDA,SAID PARCEL BEING MORE PARTICULARLYSURVEYOR AND MAPPER. DESCRIBED AS FOLLOWS: 3. THE BEARINGS SHOWN HEREON ARE BASED ON S.88°01'22"W. THE SOUTH LINE S.E.'1/4 OF AS SHOWN COMMENCE AT THE NORTHEAST CORNER OF THE NORTH ONO TNG HE PLAT OF GULFSTREAM PARK,RECORDED N I27-51-42N PLAT BBOOK ONE-HALF(N. 1/2)OF SAID SECTION 34,SAID POINT ALSO BEING 182,AT PAGE 195-203,OF THE PUBLIC RECORDS OF MIAMI-DADE THE NORTHEAST CORNER OF TRACT B OF SAID DONN ACRES; COUNTY, FLORIDA. THENCE 5.88°01'22"W.,ALONG THE NORTH LINE OF SAID NORTH 4.THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY (THIS IS NOT A SURVEY). ONE-HALF(N 1/2)AND THE NORTH LINE OF SAID TRACTS A AND B, A DISTANCE OF 1,373.33 FEET TO A POINT ON THE ZONING LINE FOR ZONES"MO"AND"B2"RECORDED IN OFFICIAL WITH5.THISOUT THE SKETCH BEOFNEFIT FIT OF AT ITL LE E WAS RCH.THED THE G THIS FIRM AL DESCIPT RECORDS BOOK 25136,PAGE 3880 OF THE SAID PUBLIC SHOWN HEREON WAS AUTHORED BYSTONER&ASSOCIATES,RNC 10N RECORDS AND TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF AND; 6.SEE SHEET 2 OF 2 FOR A GRAPHIC DEPICTION(SKE T CH)OF THE PROPERTY DESCRIBED HEREON. THENCE CONTINUE SAID S.88°01'22"W.ALONG NORTH LINE,A DISTANCE OF 138.41 FEET; THENCE S.01°58'38"E.ALONG A LINE WEST OF AND PARALLEL WITH THE ZONING LINE OF SAID ZONES"MO"AND"B2", A DISTANCE OF 629.41 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF N.E.213th STREET,AS DESCRIBED IN OFFICIAL RECORDS BOOK 17973,PAGE 3869,OF SAID PUBLIC RECORDS; THENCE N.88°01'22"E.ALONG THE SAID NORTH RIGHT-OF-WAY LINE,A DISTANCE OF 138.41 FEET; THENCE N.01°58'38"W.ALONG SAID ZONING LINE,A DISTANCE OF 649.41 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE WITHIN THE CITY OF AVENTURE, MIAMI-DADE COUNTY,FLORIDA, CONTAINING 2.0 ACRES,(87,120 SQUARE FEET)MORE OR LESS. CERTIFICATE: THIS IS TO CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION SHOWN HEREON IS ACCURATE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. Lu I FURTHER CERTIFY THAT THIS SKETCH AND LEGAL DESCRIPTION MEETS THE STANDARDS OF PRACTICE SET FORTH BY THE FLORIDA BOARD OF PROFESSIONALCr SURVEYORS AND MAPPERS IN CHAPTER SJ-17,FLORIDA ADMINISTRATIVE CODE,PURSUANT TO SECTION 472.07,FLORIDA STATUTES. SEAL REVISIONS DATE BYDA1E: Feb 14, 2017 NOT VAUD UNLESS q RICHARD G. CRAWFORD Jr. SEALED HERE WITH Ni AN EMBOSSED o,rl PROFESSIONAL SURVEYOR AND MAPPER NO. 5371 - STATE OF FLORIDA SURVEYOR'S SEAL Z LA THE MATERIAL SHOWN HEREON IS THE PROPERTY OF STONER 8 ASSOCIATES,INC.AND SHALL NOT BE REPRODUCED IN WHOLE OR IN DATE OF SKETCH: DRAWN BY CHECKED BY FIELD BOOK LL)N- PART WITHOUT PERMISSION OF STONER A ASSOCIATES,INC. COPYRIGHT cQ2O17 12/22/16 DWS RGC N/A SHEET 1 OF 2 Y N VI7" STONER &ASSOCIATES, INC. 4341 S.W. 62nd AVE. SURVEYORS MAPPERS Davie, Florida 33314 Florida Licensed Survey Tel. (954) 585-0997 and Mapping Business No.6633 Fax (954) 585-3927 SKETCH OF DESCRIPTION TWO ACRE GULFSTREAM PARCEL BEING A PORTION OF TRACT A OF DONN ACRES SECTION 34-51-42 (P.B. 76,PG. 30,M.D.C.R.) CITY OF AVENTURA,MIAMI-DADE COUNTY,FLORIDA k P c i NORTH LINE NORTH LINE _ ,„_A„; P A R p, N.1f2 SECTION 34 TRACT B .� I1 IPS. 162,�PU. 195-262, SCA.) S.BB'0172'W. 1,373.33' — 11 ______Nri S.88°01'22"W. 138.41' P.O.B. NORTH LINE P.O.C. TRACT A N.E.CORNER,N.1/2 OF SECTION 34-51-42 AND N.E CORNER TRACT 8, DONN ACRES,P.B.76,PG.30,M.D.C.R N, I ~ — _ - 7 _ c .. L: -S N c; V i o:Vl Li 1-¢S N oi N CV .46, , CD 7 ¢S LI.L' CO cU c car. Li L�an ,. _ Co O f"• 1 ..''z CEJ M 3 Z a -2e CD A PORTION OF TRACT A CO WZ,o o� Z • in DONN ACRES _� °� 4- — 6O (P.B.76,PG.30.M.D.C.R.) O o; m a Z r 67,120 SQ.FT.3 2.00 ACRES zwe :10 05 I$ LEGEND: is O.R.B. OFFICIAL RECORDS BOOK .^ P.B. PLAT BOOK Zm PG.. PAGE o M.D.C.R. MIAMI-DADE COUNTY RECORDS B.C.R.. BROWARD COUNTY RECORDS P.O C. POINT OF COMMENCEMENT P.O B POINT OF BEGINNING UTILITY EASEMENT CENTERLINE (ORB 26665 SQ.FT SQUARE FEET PG 1676.M.D.C.R) — 7 N.88°01'22"E. 138.41' BREAK IN SCALE N.E. 213th STREET t-N RW LINE —Al— RIGHT-OF-WAY DEEDED TO THE CITY OF SCALE:1". 1 0Q' AVENTURA PER O.R.B.17937.PG.3869, 50'RIGHT-OF-WAY PER AVENTURA 111. — LAKES-PHASE I, NOTE: P.B.153.PG.8,M.D.C.R. MI SEE SHEET 1 OF 2 FOR THE LEGAL D25 50 100 2oc DESCRIPTION OF THE PROPERTY GRAPHIC SCALE SHOWN GRAPHICALLY HEREON. SKETCH FILE F:\Drow\IUSC\12-7854�ulfstreom Pork\Nett Horse Borns\SOUTH BARNS\20 ACRE PARCE.drg SHEET 2 OF 2 12-7854 4 4 2.0 ACRE