Loading...
Ordinance No. 2025-11 Approving Small Scale Amendment to Future Land Use Map (Cassa Residences ACP2503-0001) - July 1, 2025CITY OF AVENTURA ORDINANCE NO. 2025-11 AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, APPROVING A SMALL SCALE AMENDMENT TO THE FUTURE LAND USE MAP OF THE CITY OF AVENTURA COMPREHENSIVE PLAN PURSUANT TO SECTION 163.3187, FLORIDA STATUTES, TO REDESIGNATE AN APPROXIMATE 3.01 ACRE TRACT OF LAND ON THE SOUTHWEST CORNER OF NE 187 STREET AND NE 28 COURT, IDENTIFIED BY FOLIO NUMBERS 28-2203-043-0010 AND 28-2203- 033-0010, FROM "BUSINESS AND OFFICE" TO "TOWN CENTER"; 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, Michael J. Marrero c/o Bercow Radell Fernandez Larkin & Tapanes, on behalf of Miami Off Center Associates, LLP (the "Applicant") through City File No. ACP2305-0001, is requesting approval of a Small Scale Future Land Use Map ("FLUM") amendment to the Comprehensive Plan (the "Plan") to change the designation of 3.01 acres of land (Folios 28-2203-043-0010 and 28-2203-033-0010), as legally described in Exhibit "1 ", and further depicted on the Location Map attached as Exhibit "2" (the "Property") from "Business and Office" to "Town Center" (the "Small Scale FLUM Amendment"); and WHEREAS, the City Commission finds that 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 development within the transit corridor; and WHEREAS, the City Commission further finds that the Small Scale FLUM Amendment will not result in impacts on any infrastructure system that will exceed established level of service standards without concurrent mitigation 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 Local Planning Agency has reviewed the proposed amendment and has recommended approval to the City Commission; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with the law; and City of Aventura Ordinance No. 2025-11 WHEREAS, the City Commission believes it is in the best interest of the public to approve this Ordinance. 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. 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 "1 ", and further depicted on the Location Map attached as Exhibit "2", is hereby amended such that the Property shall now have the Future Land Use Map designation of Town Center. Section 3. Conflicts. That 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. That this Ordinance shall not become effective until 31 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, issues a final order determining that the adopted Small Scale FLUM Amendment is in compliance. Page 2 of 4 City of Aventura Ordinance No. 2025-11 The foregoing Ordinance was offered by Commissioner Bloom, who moved its adoption on first reading. The motion was seconded by Commissioner Blachman, and upon being put to a vote, the vote was as follows: Commissioner Clifford B. Ain No Commissioner Gustavo Blachman Yes Commissioner Amit Bloom Yes Commissioner Rachel S. Friedland Yes Commissioner Paul A. Kruss Absent Vice Mayor Cindy Orlinsky Yes Mayor Howard S. Weinberg Yes The foregoing Ordinance was offered by Commissioner Bloom, who moved its adoption on second reading. The motion was seconded by Vice Mayor Orlinsky, and upon being put to a vote, the vote was as follows: Commissioner Clifford B. Ain No Commissioner Gustavo Blachman Yes Commissioner Amit Bloom Yes Commissioner Rachel S. Friedland Yes Commissioner Paul A. Kruss Absent Vice Mayor Cindy Orlinsky Yes Mayor Howard S. Weinberg Yes PASSED on first reading this 6th day of May, 2025. PASSED AND ADOPTED on second reading this 1 st day of July, 2025. Page 3 of 4 City of Aventura Ordinance No. 2025-11 ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ROBERT MEYERS CITY ATTORNEY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. 4lHIbWA' R- S. 'WE INBERG, ES MAYOR Page 4 of 4 Exhibit "1" LEGAL DESCRIPTION As to Parcel 1: (Folio Number: 28-2203-033-0010) Tract A of GILDA TRACT, according to the Plat thereof as recorded in Plat Book 117, Page 12, of the Public Records of Miami - Dade County, Florida. As to Parcel Z: (Folio Number: 28-2203-043-0010) Tract B of GILDA TRACT FIRST ADDITION, according to the Plat thereof as recorded in Plat Book 130, Page 49, of the Public Records of Miami - Dade County, Florida. LOCATION MAP ------------ ,------------ — — — — — � z i m ui� 1 i D 1 < m � 1 VE=2707TH=ST i N;COU,NTR_Y_CLUB=DR F fD*i' - = MajorRoads _ . Aventura Municipal Boundary w Q z J J 0 J EXHIBIT #: 2 DATE:05/06/2025 AGENDA ITEM(S): 1]6Y0I:i121to] ►1 Property(s): 28-2203-033-0010 28-2203-043-0010 Existing Land Use: Business & Office Proposed Land Use: Town Center Existing Zoning: B2 Proposed Zoning: TC1 City File No.: REZ2503-0001 ACP2503-0001 y vb- #—. 2A 0 0.25 0.5 1 Miles N I I I I I I I I