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Ordinance No. 2022-13 Amending Zoning Map by Amending B2 to RMF4 at 2785 NE 183 St. - July 19, 2022 CITY OF AVENTURA ORDINANCE NO. 2022-13 AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING DESIGNATION FROM B2, COMMUNITY BUSINESS DISTRICT, TO RMF4, MULTI-FAMILY HIGH DENSITY RESIDENTIAL, FOR A 1.55 ACRE PARCEL OF LAND LOCATED AT 2785 NE 183 STREET; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 31 "Land Development Regulations," Article V "Development Review Procedures," Section 31-77 "Amendments to the Land Development Regulations and Official Zoning Map" of the City Code of Ordinances ("City Code"), the Applicant, Brian S. Adler, Esq. c/o Bilzin Sumberg, on behalf of property owners Tanglewood WIB, LLC; Tanglewood JAK, LLC; Kimali Properties LLC and Kerrin Properties LLC, through Application No. REZ2205-0001 , has applied to amend the Official Zoning Map of the City of Aventura by amending the zoning designation of the 1 .55 acre parcel of land located on NE 183rd Street, in the area east of Biscayne Boulevard, situated further east of NE 27th Avenue from B2, Community Business District, to RMF4, Multi- Family High Density Residential; 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 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: City of Aventura Ordinance No. 2022-13 Section 1. Recitals. The foregoing whereas clauses are hereby ratified and incorporated within this Ordinance. Section 2. Official Zoning Map Amended. Pursuant to Chapter 31 "Land Development Regulations," Article V "Development Review Procedures," Section 31-77 "Amendments to the Land Development Regulations and Official Zoning Map" of the City Code of Ordinances ("City Code"), the Official Zoning Map of the City of Aventura is hereby amended to change the zoning designation for the Property, legally described in Exhibit "A," from B2, Community Business District, to RMF4, Multi-Family High Density Residential. 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 to accomplish such intentions. Section 5. Disclaimer and Condition. Pursuant to Section 166.033, Florida Statutes, all applicable state and federal permits must be obtained before commencement of the development. 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 upon approval by the Florida Department of Economic Opportunity of the Future Land Use Map designation amendment for the property from Business and Office to Medium High Density Page 2 of 5 City of Aventura Ordinance No. 2022-13 Residential. The foregoing Ordinance was offered by Commissioner Shelley, who moved its adoption on first 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 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 Joel, 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 PASSED on first reading on this 14th day of June, 2022. Page 3 of 5 City of Aventura Ordinance No. 2022-13 PASSED AND ADOPTED on this 19t" day of July, 2022. • i ENID WEISMAN, MAYOR �r�a6 �zGL ATTEST: ELLISA L. HORVA , MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ILI LA� CITY A ORNEY Page 4 of 5 City of Aventura Ordinance No. 2022-13 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: 2. LEGAL DESCUTION: (Parcel 0., 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, Range 42 East, Mtcmi—Code County, Florida, being more porticularly described as follows: Commence at the Southeast comer of the Southeast 1/4 of the 5authwest 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 last 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 feet 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 on arc distance of 31,42 feet to a paint of tangency; thence South 0 degrees 46the East minutes 52 seconds East along a line that is parallel with and 152.00 feet west of, as measured at right angles to, line 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 64rming, all lying and being in Miarni—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, Florida, 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 feat to the Point of Beginning of the hereinafter described parcel; thence continue North 0 degrees 46 minutes 52 seconds West, along the last desenbed course, for 79.94 feet; thence East for 246 .91 feet; thence South, at right angles to,the last described course, for 114.42 feet to a point on the next described curve; said plaint bears Worth 19 degrees 47 minutes 50 seconds East from the radius point of the next described curve; thence Northwesterly, westerly and southwesterly, along said circular curve to the left. having a radius of 554.02 feet and a central angle of 19 degrees 49 minutes 56 seconds for an arc distance 202.15 feet to a paint of tangency, thence south 89 degrees 57 minutes 54 seconds west, along a line that is parallel 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 of 1,55 Acres more or less by calculations. Page 5 of 5