Loading...
Ordinance No. 2021-04 Amending Zoning Map by Amending Zoning Designation for 20955 Biscayne Blvd. - May 4, 2021 CITY OF AVENTURA ORDINANCE NO. 2021-04 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 1.55 ACRE PARCEL OF LAND LOCATED ON THE EAST SIDE OF BISCAYNE BOULEVARD, LOCATED AT 20955 BISCAYNE BOULEVARD, AS LEGALLY DESCRIBED IN EXHIBIT A TO THIS ORDINANCE, FROM OP, OFFICE PARK DISTRICT TO B2, COMMUNITY BUSINESS DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the applicant, Alan S. Rosenthal on behalf of Centtral Aventura LLC, through Application No. REZ2010-0001, has applied to amend the Official Zoning Map of the City of Aventura by amending the zoning designation ("Rezoning") of the 1 .55 acre parcel of land on the east side of Biscayne Boulevard, with municipal address of 20955 Biscayne Boulevard, legally described in Exhibit "A"attached hereto, (the "Property")from OP, Office Park District to B2, Community Business 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; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with the law; and WHEREAS, the City Commission has reviewed the Rezoning application 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. 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 Property, legally described in Exhibit "A" to this Ordinance, from OP, Office Park District to B2, Community Business 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 City of Aventura Ordinance No. 2021-04 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 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 a 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. The foregoing Ordinance was offered by Vice Mayor Shelley, who moved its adoption on first reading. This motion was seconded by Commissioner Narotsky and upon being put to a vote, the vote was as follows: Commissioner Jonathan Evans Yes Commissioner Rachel S. Friedland Yes Commissioner Denise Landman Yes Commissioner Dr. Linda Marks Yes Commissioner Marc Narotsky Yes Vice Mayor Robert Shelley Yes Mayor Enid Weisman Yes The foregoing Ordinance was offered by Commissioner Evans, who moved its adoption on second reading. This motion was seconded by Commissioner Landman and upon being put to a vote, the vote was as follows: Commissioner Jonathan Evans Yes Commissioner Rachel S. Friedland Yes Commissioner Denise Landman Yes Commissioner Marc Narotsky Yes Commissioner Robert Shelley Yes Vice Mayor Dr. Linda Marks Yes Mayor Enid Weisman Yes City of Aventura Ordinance No. 2021-04 PASSED on first reading this 6th day of April, 2021 . PASSED AND ADOPTED on second reading this 4th day of May, 2021. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: V4 �-� 14--c— — CITY ATTORNEY This Ordinance was filed in the Office of the City Clerk this 4th day of May, 2021 . City Clerk City of Aventura Ordinance No. 2021-04 EXHIBIT "A" LEGAL DESCRIPTION OF LAND PARCEL I: Lots 17, 18, 19, 20, 21, 22, 23, 24, 25 and 26, of Block 2, of HALLANDALE PARK NO. 11; CORRECTED PLAT according to the Plat thereof, as recorded in Plat Book 27, at Page 39,of the Public Records of Miami-Dade County: Florida. PARCEL 2: All that part of the 25-foot-wide strip of land formerly known as HARVARD AVENUE (presently designated as N.E. 29th Avenue) as shown on Plat entitled HALLANDALE PARK NO. 11, CORRECTED PLAT, according to the Plat thereof, recorded in Plat Book 27 at Page 39 of the Public Records of Miami-Dade County, Florida, bounded to the North by the Westerly extension of the North boundary of Block 2 and bounded to the South by the Westerly Extension of the South boundary of Block 2 of said HALLANDALE PARK NO. 11, CORRECTED PLAT. ALSO The external area formed by a 25 foot radius curve concave to the Northeast tangent to the South with the South boundary of Lot 22 in Block 2 of said HALLANDALE PARK NO. 11, CORRECTED PLAT, and tangent to the West with the West boundary of Lot22, in Block 2 of said HALLANDALE PARK NO. 11, CORRECTED PLAT. ALSO The external area formed by a 25 foot radius curve concave to the Southeast tangent to the North with the North boundary of Lot 21 in Block 2 of said HALLANDALE PARK NO. 11, CORRECTED PLAT, and tangent to the West with the West boundary of Lot 21 in Block 2 of said HALLANDALE PARK NO. 11 , CORRECTED PLAT. PARCEL 3: All that part of the East 1/2 of Lot 2 in Block 6, lying East of Federal Highway, MAP OF TOWN OF HALLANDALE, according to the Plat thereof, as recorded in Plat Book"B", Page 13 of the Public Records of Miami-Dade County, Florida. LESS AND EXCEPT therefrom that Right-of-Way granted to Dade County in Deed dated August 23, 1978 filed October 30, 1978 in Official Records Book 10199 Page 1672, and re- recorded March 26, 1979 in Official Records Book 10341, Page 2211, described as follows: A Tract of land being a portion of that part of the East one-half (EI/2) of Lot 2, Block 6, lying Easterly of FEDERAL HIGHWAY, MAP OF TOWN OF HALLANDALE in Section 34, Township 51, South, Range 42 East, Dade County, Florida, according to the Plat thereof recorded in Plat Book "B" at Page 13 of the Public Records of Dade County, Florida, said Tract of Land being more particularly described as follows: Commence at the Northwest Comer of the South one-half(S 1/2)of the Northeast one quarter (NE 1/4) of the Southeast (SE 1/4) of the Northwest one-quarter (NW 1/4) of Section 34, Township 51 South, Range 42 East, Dade County, Florida, said point being also a westerly comer of Tract "A", DONN ACRES, according to the Plat thereof recorded in Plat Book 76 at Page 30, of the Public Records of Dade County, Florida; thence run South 010 03 '38" East along the West boundary of the Northeast one-quarter (NE 1/4) of the Southeast one-quarter City of Aventura Ordinance No. 2021-04 (SE 1/4) of the Northwest one quarter (NW 1/4) of said Section 34, being also along the East boundary of said Lot 2, Block 6, MAP OF TOWN OF HALLANDALE e distance of 50.71 feet to the Point of Beginning of the tract of land hereinafter to be described; thence continue on the last described course, being along the last described line, a distance of 55.34 feet to the point of intersection with the Westerly projection of the North boundary of Block 2, HALLANDALE PARK NO. 11, CORRECTED PLAT, according to the Plat thereof recorded in Plat Book 27, at Page 39, of the Public Records of Dade County, Florida; thence run North 65041'00"West along a line that is perpendicular to the Southeasterly Right of Way boundary of FEDERAL HIGHWAY (also known as U.S. No. I; also known as STATE ROAD NO. 5) as shown on Right of Way Map as recorded in Plat Book 34, at Page 54A, of the Public Records of Dade County, Florida, a distance of 43.42 feet to the point of curvature of a curve concave to the Southeast and having for its elements a radius of 25.00 feet and a central angle of 90000'00"; thence run Northwest-wardly, Westwardly and Southwestwardly along the arc of said curve a distance of39.27 feet to the point of tangency; said point being on the Southeasterly Right of Way boundary of said FEDERAL HIGHWAY; thence run North 24019'00" East along said Southeasterly Right of Way boundary of FEDERAL HIGHWAY a distance of 100.00 feet to the point of curvature of a curve concave to the Northeast and having a radius of 25.00 feet, said point of curvature bearing North 65"41'00" West from the center of said curve; thence run Southwestward ly, Southwardly and Southeastwardly along the arc of said curve, through a central angle of 90000'00", a distance of39.27 feet to the point of Tangency; thence run South 65"41 '00" East a distance of 19.70 feet to the Point of Beginning. AND LESS AND EXCEPT therefrom that Right-of-Way granted to Dade County in Deed dated August 23, 1978 recorded October 30, 1978 in Official Records Book 10199, page 1674, all of the Public Records of Dade County, Florida, described as follows: The South 25.00 feet of that part of Lot 2, Block 6, MAP OF THE TOWN OF HALLANDALE according to the Plat thereof recorded in Plat Book B, at Page 13 of the Public Records of Dade County, Florida, lying Easterly of the Southeasterly Right of Way boundary of FEDERAL HJGHWA Y (also known as U.S. No. 1; also known as STATE ROAD No. 5) as shown on Right of Way Map as recorded in Plat Book 34, at Page 54A, of the Public Records of Dade County, Florida. ALSO The External area formed by a 25 foot radius curve concave to the Northeast, tangent to the South with a line that is parallel to and 25.00 feet Northerly of, as measured at right angles to, the South boundary of said Lot 2, Block 6, MAP OF THE TOWN OF HALLANDALE, and tangent to the Northwest with the Southeasterly Right of Way Boundary of said FEDERAL HIGHWAY. ALL OF THE FOREGOING PARCEL 3 lying, situate and being in the Northwest one-quarter(NW 3/4) of the Southeast one-quarter (SE 1/4) of the Northwest one-quarter (NW 1/4) of Section 34, Township 51South, Range 42 East, Miami-Dade County, Florida.