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Ordinance No. 2022-12 Amending Future Land Use Map Designation from Business and Office to Medium High Density Residential (2785 NE 183 Street) - July 19, 2022 CITY OF AVENTURA ORDINANCE NO. 2022-12 AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR A 1.55 ACRE PARCEL OF LAND LOCATED AT 2785 NE 183 STREET, FROM BUSINESS AND OFFICE TO MEDIUM HIGH DENSITY RESIDENTIAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 163.3187(1), Florida Statutes, the City of Aventura (the "City") has received Application No. ACP2205-0001 , requesting approval of a Small- Scale Future Land Use Map ("FLUM")Amendment to the Comprehensive Master Plan (the "Plan") changing the designation of 1 .55 acres of land (Folios 28-2203-000-0250 and 28- 2203-000-0273), as further described in Exhibit "A" (the "Property") from Business and Office to Medium High Density Residential; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with law; and WHEREAS, the City Commission believes the Small Scale FLUM amendment will maintain the unique aesthetic character of the City and improve the quality of life for its residents by providing mixed-use transit-oriented development; and WHEREAS, the Small Scale FLUM amendment 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 finds that the proposed Small Scale FLUM amendment is consistent with Sections 163.3184 and 163.3187, Florida Statutes; and WHEREAS, the City Commission believes it is in the best interest of the public to approve this Ordinance. City of Aventura Ordinance No. 2022-12 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals. That the foregoing "Whereas" clauses are hereby ratified and incorporated as the legislative intent of this Ordinance. Section 2. Approval of the Small-Scale Future Land Use Map Amendment. That pursuant to Section 163.3187(1), Florida Statutes, the Small Scale FLUM Amendment to the Comprehensive Plan for the Property, legally described in Exhibit "A," is hereby amended such that the Property shall now have the future land use map designation of Medium High Density Residential. Section 3. Conflicts. All ordinances or parts of ordinances, resolution or parts of resolutions, in conflict herewith, are repealed to the extent of such conflict. Section 4. Severability. That 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 5. Inclusion in the City's Comprehensive Plan. That 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 may be revised so as to accomplish such intention. Section 6. Effective Date. This Ordinance shall not become effective until 31 Page 2 of 6 City of Aventura Ordinance No. 2022-12 days after adoption. If challenged within 30 days after adoption, this Ordinance may not become effective until the state land planning agency or the Administration Commission, respectively, issued a final order determining that the adopted Small Scale FLUM Amendment is in compliance. The foregoing Ordinance was offered by Commissioner Friedland, 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 Billy Joel Yes Commissioner Rachel S. Friedland Yes Commissioner Dr. Linda Marks Yes Commissioner Marc Narotsky Yes Commissioner Robert Shelley Yes Vice Mayor Denise Landman Yes Mayor Enid Weisman Yes The foregoing Ordinance was offered by Commissioner Shelley, who moved its adoption on second reading. This motion was seconded by Vice Mayor Landman and upon being put to a vote, the vote was as follows: Commissioner Billy Joel Yes Commissioner Rachel S. Friedland Yes Commissioner Dr. Linda Marks No Commissioner Marc Narotsky Yes Commissioner Robert Shelley Yes Vice Mayor Denise Landman Yes Mayor Enid Weisman Yes Page 3 of 6 City of Aventura Ordinance No. 2022-12 PASSED on first reading this 14th day of June, 2022. PASSED AND ADOPTED on second reading this 19th day of July 2022. • ab ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: .71 /tA , CITY ORNEY Page 4 of 6 City of Aventura Ordinance No. 2022-12 EXHIBIT A - Legal Description +/ 1.05 acre parcel at 2785 NE 183 Street, Aventura (Folio number 28-2203-000-0250) together with a +/- .50 acre parcel (Folio number 28-2203-000-0273), more particularly described as follows: Z LEGAL DESGR[PTION: (parcel 1): Exhibition Center: A portion of the East 1/2 of the Southeast 1/4 of the Southwest 1/4 of the Southwest 1/4 of Section 3, Township 52 South, Ronge 42 East, M€ami—Dade county, Florida, being more. particularly described as follows: Commence at the southeast comer of the Southeast 1/4 of the Southwest 1/4 of the Southwest 1/4 of said Section 3; thence North 0 degrees 46 minutes 52 seconds west, along the East line of the Southeast 1/4 of the Southwest 1/4 of the Southwest 1/4 of said Section 3, for 131.84 feet to the Point of Beginning of the hereinafter described parcel; thence continue North 0 degrees .46 minutes 52 seconds West, along the lost described course, for 301,00 feet; thence South 89 degrees 13 minutes 08 seconds West, at right angles to the last described course, for 132.00 feat to a point of curvature; thence southwesterly. southerly, and southeasterly along a circular curve to the left, having a radius of 20.00 feet and a central angle of 90 degrees 00 minutes 00 seconds for an orc distance of 31.42 feet to a point of tangency; thence South 0 degrees 46 minutes 52 seconds East along a line that is parallel with and 152.00 feet west of, as measured at right angles to, the East fine of the Southeast 1/4 of th'e Southwest 1/4 of the Southwest 1/4 of sold Section 3 for 281.82 feet thence North 88 degrees 54 minutes 29 seconds East for 152.00 feet to the point of Beginning, all lying and being in Miami—Dade County, Florida, (parcel 2) Parking Lot: A portion of the West 1/2 of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of Section 3, Township 52 South, Range 42 East, Miami—Dade County, Flarida, being more particularly described as follows: Commence at the. Southwest corner of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Section 3; thence North 0 degrees 46 minutes 52 seconds West, along the West line of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Section 3, for 131.84 feet to the Paint of Beginning of the hereinafter described parcel; thence continue North 0 degrees 46 minutes 52 seconds West, along the last described course, for 79.94 feet; thence East for 246 .91 feet; thence South, at right angles to,the Ice described course, for 114.42 feet to a point on the next described curve; said paint bears worth 19 degrees 47 minutes 50 seconds East from the radius point of the next described curve; thence Nor#hwesterly, westerly and southwesterly, along said circular curve to the left, having a radius of 554.02 feet and a centroi angle of 19 degrees 49 minutes 56 seconds for an arc distance 202.15 feet to a point of tangency, thence south 89 degrees 57 minutes 54 seconds west, along a line that is Wallet with and 131,83 feet North of as measured at right angles to, the South line of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Section 3, for 47.66 feet to the Point of Beginning, all lying and being in Miami—Dade County, Florida. Containing 67,663 Square Feet or 1,55 Acres more or less by calculations. Page 5 of 6 City of Aventura Ordinance No. 2022-12 EXHIBIT "B" SMALL SCALE FUTURE LAND USE MAP AMENDMENT U 9ROWMD COUNT, t2 MIAMI—DADE COUNTY ■ `,• \y■ \ AWIT0NAL ADJACENT LAND USE CATEGORIES •y�yy' i OE.W.Dn k, ,`yy Otn.Qrull, . \�■ I R�a..ila I� any DWWty ■ �' 0 Hi4.�i-i.�idHr Ives only Wi� U. Rood LAND U5E CATEGORH-S Y.6. bm.lty - ......iu - Rmld.nRlol L I P"4 Refltlan'lol PWu and R—tM ., Burn. ma ON- IU — y \ I a OYlal.[fld aA URIG. ■ M1 y � b Tam C_b6 WaNr • ieh 'SR8�6 p a — Pm d r elry a 4 lilemi Gard � 4 EDr'� F.Wm[—Ak-1 Drive, F.11ty(NOES) CF ��„FFPP t maul* ` maul* y ZatrQ • �+vuJe fake tmpJ­Rm by, Mr NspIM W r�r.r9.x+M�f�w...M NORT4 d r` V e�f os 7 od I is MIAMI tIAI6t 30h�-id BEACH *Unrdla.tl Lce.lkn y 77f{7�92 2OW--R a/sras 2006-1011 Mcp 1-7 3n �-M a . a 7f,f7} zx u�o-as Future Land Use Flap — 2025 semi IN FfET With Adjacent Land Uses & RLTM Parks & Open Space n,,.t,,,'ri M& weak HG. City of Avenfuro Comprehensive Plan — 1998 a- ,�,�,** ;; Nd"w V.—Me.I998 2014 Evaluatiafl & Appraisal Page 6 of 6