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Ordinance No. 2025-05 Amending Official Zoning Map Designation of 3.7 Acre Tract of Land to Community Facilities District (CF) - March 4, 2025CITY OF AVENTURA ORDINANCE NO. 2025-05 AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP BY CHANGING THE ZONING DESIGNATION OF AN APPROXIMATE 3.7 ACRE TRACT OF LAND EAST OF THE NORTHEAST CORNER OF BISCAYNE BOULEVARD AND NE 213 STREET, DEPICTED ON THE LOCATION MAP IN EXHIBIT "1" AND LEGALLY DESCRIBED IN EXHIBIT "2", FROM "MEDICAL OFFICE DISTRICT (MO)", TO "COMMUNITY FACILITIES DISTRICT (CF)"; 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 City of Aventura has applied, through Application No. REZ2409-0001, to amend the City's official Zoning Map (the "Rezoning") from MO, Medical Office District, to CF, Community Facilities District, for a 3.7 acre parcel of land located on the northeast corner of Biscayne Boulevard and NE 213, and depicted on the Location Map attached as Exhibit 1" and legally described in Exhibit "2" attached (the "Property"); 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, AS FOLLOWS: Section 1. Recitals. That the foregoing "Whereas" clauses and findings are hereby ratified and incorporated as the legislative intent of this Ordinance. City of Aventura Ordinance No. 2025-05 Section 2. Official Zoning Map Amended. That 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, the Official Zoning Map of the City of Aventura is hereby amended to change the zoning designation for the Property, depicted in the Location Map attached as Exhibit 1" and legally described in Exhibit "2" attached, from MO, Medical Office District, to CF, Community Facilities District. Section 3. Inclusion in the Code. That it is the intention of the City Commission, and it is hereby ordained that the Official Zoning Map of the City, a part of the City's Land Development Regulations pursuant to Section 31.4 of the City Code, may be revised to reflect the approved change in zoning. 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. Disclaimer. That 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. Section 6. Effective Date. That this Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner Joel, who moved its adoption on first reading. This motion was seconded by Commissioner Kruss and upon being put to a vote, the vote was as follows: Page 2 of 3 City of Aventura Ordinance No. 2025-05 Commissioner Amit Bloom Yes Commissioner Rachel S. Friedland Yes Commissioner Billy Joel Yes Commissioner Paul A. Kruss Yes Vice Mayor Dr. Linda Marks Yes Mayor Howard S. Weinberg Yes The foregoing Ordinance was offered by Commissioner Bloom, who moved its adoption on second reading. This motion was seconded by Commissioner Orlinsky and upon being put to a vote, the vote was as follows: Commissioner Clifford B. Ain Yes Commissioner Gustavo Blachman Yes Commissioner Amit Bloom Yes Commissioner Paul A. Kruss Yes Commissioner Cindy Orlinsky Yes Vice Mayor Rachel S. Friedland Yes Mayor Howard S. Weinberg Yes PASSED on first reading this 17th day of October, 2024. PASSED AND ADOPTED on second reading this 4th day of March, 2025. 14,3, H WARD S. WEINBERG, ESQ MAYOR `r5� q ATTEST: . _:::� A A�� ELLISA L. HORVATH, MC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ROBERT MEYERS CITY ATTORNEY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. Page 3 of 3 LOCATION MAP E=Q�QSP-Q� d 01110YDm I a ------ r Q ' 1 1 C1 � od, w po 1 1 0 / Q�� H ❑ D z-_ - �� El 1 1 �q' NE 207TH ST 1�L�d s E Q N COUNTRY r71 1 ® 0 1 I 1 - mm u� Z Z 1 0 hd 1 Q Q 9 _ rvCLgMLFFM U = Q Ug2Np SS .0 _ o� AN CSWY 3 e e o _ ❑11 JI I I� [ r 1 LJ� - - a 186TH ST i 60 o0il OQO� 1 _ �l I J w UUIL z _ _ -� - -- J D o D _ E 172N S 1 1 1 ' 1 I_ o Y ISLES VLB D EXHIBIT #: 1 DATE:10/17/2024 AGENDA ITEM(S): DESCRIPTION: Property(s): Existing Zoning: MO Proposed Zoning: CF City File No.: REZ2409-0001 uIy %. Legend - MajorRoads r� + Subject Property Aventura Municipal Boundary 0 0.25 0.5 1 Miles N I I I I I I I I r� STONER SURVEYORS • MAPPERS 4341 S.W. 62nd Avenue Licensed Business No. 6633 TEL (954) 585-0997 Davie, Florida 33314 www.stonersurvevors.com LEGAL DESCRIPTION OF 3.7 ACRE AVENTURA PARCEL CITY OF AVENTURA , MIAMI-DADE COUNTY, FLORIDA LEGAL DESCRIPTION: A PARCEL OF LAND BEING A PORTION OF THE NORTH ONE-HALF (N. 1/2) OF SECTION 34, TOWNSHIP 51 SOUTH, RANGE 42 EAST, SAID PARCEL ALSO BEING A PORTION OF TRACT A, DONN ACRES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 76, PAGE 30, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE NORTH ONE-HALF (N. 1/2) OF SAID SECTION 34, SAID POINT ALSO BEING THE NORTHEAST CORNER OF TRACT B OF SAID DONN ACRES; THENCE ON A GRID BEARING OF S.88°01'22"W., ALONG THE NORTH LINE OF SAID NORTH ONE-HALF (N 1/2), AND THE NORTH LINE OF SAID TRACTS A AND B, A DISTANCE OF 1,108.16 FEET, TO A POINT OF INTERSECTION WITH THE NORTHERLY EXTENSION OF THE WEST LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 30812, PAGE 2049 OF SAID PUBLIC RECORDS; THENCE S.01 °52'05" E., ALONG SAID EXTENSION A DISTANCE OF 186.43 FEET, TO THE NORTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND; THENCE CONTINUE S.01°52'05" E., ALONG SAID WEST LINE, A DISTANCE OF 442.98 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 S.88°01'22"W. ALONG THE SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 364.00 FEET; THENCE N.01 °52'05"W., A DISTANCE OF 442.98 FEET TO A POINT OF INTERSECTION WITH THE WESTERLY EXTENSION OF THE NORTH LINE OF THAT SAID CERTAIN PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 30812, PAGE 2049; THENCE N.88°01'22" E., ALONG SAID WESTERLY EXTENSION A DISTANCE OF 364.00 FEET, TO THE POINT OF BEGINNING. SAID LANDS SITUATE WITHIN THE CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA, CONTAINING 3.702 ACRES, (161,244 SQUARE FEET) MORE OR LESS. NOTES: 1. THE PROPERTY SHOWN HEREON WAS NOT SUBJECTED TO A TITLE SEARCH FOR OWNERSHIP, RIGHTS -OF -WAY, EASEMENTS OR OTHER MATTERS OF RECORD. 2. THIS SKETCH AND DESCRIPTION IS "NOT VALID" WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 3. THE BEARINGS SHOWN HEREON ARE BASED ON A GRID BEARING OF S.88o01'22"W. ALONG THE NORTH LINE OF THE N.1/2 OF SECTION 34-51-42, MIAMI-DADE COUNTY, FLORIDA. 4. THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY (THIS IS NOT A SURVEY). 5. THIS LEGAL DESCRIPTION WAS PREPARED BY STONER & ASSOCIATES, INC. WITHOUT THE BENEFIT OF A TITLE SEARCH. THERE COULD BE MATTERS OF RECORD THAT ARE NOT SHOWN HEREON. 6. SEE SHEETS 2 OF 2 FOR A GRAPHIC DEPICTION (SKETCH) OF THE PROPERTY DESCRIBED HEREON. ERTIFICATE: THIS IS TO CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION SHOWN HEREON IS ACCURATE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. I FURTHER CERTIFY THAT THIS SKETCH AND LEGAL DESCRIPTION WAS PREPARED IN ACCORDANCE WITH THE STANDARDS OF PRACTICE FOR SURVEYING ESTABLISHED BY THE BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODES, PURSUANT TO SECTION 472.027, FLORIDA STATUTES. DATE OF SIGNATURE: 10.3.2024 James o Stoner" JAMES. D. STONER PROFESSIONAL SURVEYOR AND MAPPER NO. 6081 — STATE OF FLORIDA SEAL ASSOCIATES, INC. AND SHALL NOT BE REPRODUCED IN WHOLE OR IN UA I L OF SKI I UM: UKAWN UY UMLUKLU UY FILLU UUOK PART WITHOUT PERMISSION OF STONER & ASSOCIATES, INC. 1 O/3/ZOZ4 DRL JDS N/A SHEET 1 OF 2 COPYRIGHTiC2024 LU 0_ U Q v� 00Q 1'� O_- 04 Z W U Q F- w `L to r� STONER SURVEYORS • MAPPERS 4341 S.W. 62nd Avenue amp TEL (954) 585-0997 Davie, Florida 33314 Licensed Business No. 6633 www.stonersurveyors.com SKETCH OF DESCRIPTION 3.7 ACRE AVENTURA PARCEL N. LINE, N. 1/2 OF SEC. 34-51-42 S. 88° 01 '22"W. 1108.16' NORTH LINE TRACTS A & B M P.O.C. LEGEND: BROWARD COUNTY MIAMI-DADE COUNTY LB. ........ LICENSED BUSINESS M.D.C.R..... MIAMI-DADE COUNTY RECORDS O.R.B....... OFFICIAL RECORD BOOK P.B......... PLAT BOOK N.E. CORNER, PG. ........ PAGE � _ JUUz0�� N. 1/2 OF Q - PLS ........ PROFESSIONAL LAND SURVEYOR ' - � SECTION 34-51-42 g om P.O.B...... . POINT OF BEGINNING Uj = Z z w o AND N.E. CORNER R/W , , , , , , .RIGHT-OF-WAY � LL J U O m TRACT B, SEC... SECTION WESTERLY EXTENSION o O X DONN ACRES, Q w �� BREAK IN LINE SCALE OF THE N. LINE OF THAT CERTAIN N p (P.B. 76, z w w = U PARCEL OF LAND ° �o _ Q w PG. 30, M.D.C.R) (O.R.B. 30812, PG. 2049, M.D.C.R.) o a N.88001'22"E.364.00' o a \__POINT P.O. B. OF INTERSECTION WITH N.W. CORNER OF WESTERLY EXTENSION OF THAT THAT CERTAIN PARCEL OF LAND CERTAIN PARCEL OF LAND (O.R.B. 30812, (O.R.B. 30812, PG. 2049, M.D.C.R.) PG. 2049, M.D.C.R.) o ^ zof �U w0 80 00 J N A PORTION OF THE N. 1/2 °; gN 't SECTION 34-51-42 AND a PORTION OF TRACT A a Lu aN o DONN ACRES o Wo CN (P.B. 76, PG. 30, M.D.C.R.) 0m 0 3.702 ACRES LO 0 _ o 161,244 SQUARE FEET o ~ z o w N z >J SCALE: 1" = 80' 0 20 40 80 160 LU N. R/W LINE GRAPHIC SCALE U Q S.88001'22"W. 364.00' N.E. 21 3 t h STREET NOTE: 0� �< SEE SHEET 1 OF 2 FOR THE LEGAL 5 RIGHT-OF-WAY DEEDED TO THE CITY OF AVENTURA DESCRIPTION OF THE PROPERTY z (O.R.B. 17973, PG. 3869, M.D.C.R) SHOWN GRAPHICALLY HEREON. d z LU �Q SHEET 2 OF 2 Y U)