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Ordinance No. 2025-12 Amending Zoning Map by Changing Zoning Designation to TC1 (Cassa Residences REZ2503-0001) - July 1, 2025CITY OF AVENTURA ORDINANCE NO. 2025-12 AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP BY CHANGING THE ZONING DESIGNATION OF 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 "COMMUNITY BUSINESS DISTRICT (132)" TO "TOWN CENTER DISTRICT (TC1)"; 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, Michael J. Marrero c/o Bercow Radell Fernandez Larkin & Tapanes, on behalf of Miami Off Center Associates, LLP, through Application No. REZ2503-0001, has applied to amend the Official Zoning Map of the City of Aventura ("Rezoning"), from B2, Community Business District, to TC1, Town Center District, for a 3.01 acre parcel of land located on the southwest corner of NE 187 Street and NE 28 Court, legally described in Exhibit "1 ", and further depicted on the Location Map attached as Exhibit "2", (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 are hereby ratified and incorporated as the legislative intent of this Ordinance. City of Aventura Ordinance No. 2025-12 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 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 "1 ", and further depicted on the Location Map attached as Exhibit "2", from B2, Community Business District, to TC1, Town Center 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 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. This condition is included pursuant to Section 166.033, Florida Statutes, as amended. Section 6. Effective Date. That this Ordinance shall be effective upon the effective date of the ordinance adopting a concurrent small scale amendment to the Comprehensive Plan Future Land Use Map affecting the Property. Page 2 of 4 City of Aventura Ordinance No. 2025-12 The foregoing Ordinance was offered by Commissioner Blachman, who moved its adoption on first reading. The motion was seconded by Commissioner Bloom, 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. 2025-12 &'Z� q 5 ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ROBERT MEYERS CITY ATTORNEY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. I�IAI HbWARD S. WEINBERG, E 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