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
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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
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CITY CLERK
Page 4 of 4
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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
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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
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4 2.0 ACRE