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2005-16 ORDINANCE NO. 2005-16 AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING DESIGNATION FOR A 0.51 ACRE PARCEL OF LAND LOCATED ON NE 34 AVENUE AT NORTH COUNTRY CLUB DRIVE, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT A, FROM CF, COMMUNITY FACILITIES DISTRICT TO RS2, RESIDENTIAL SINGLE FAMILY DISTRICT; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING DESIGNATION FOR TWO PARCELS OF SUBMERGED LAND TOGETHER MEASURING 5.39 ACRES MORE OR LESS LOCATED SOUTH OF NE 207 STREET AND EAST OF NE 34 AVENUE, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT B, FROM RMF4, MULTIFAMILY HIGH DENSITY RESIDENTIAL DISTRICT TO CNS, CONSERVATION DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the applicant, City of Aventura, on behalf of the owners, Aventura- Ensenada Inc. as to Parcel 1 described in Exhibit A and Aventura Land and Development Corporation as to Parcel 2 described in Exhibit B, through Applications Nos. 01-REZ-05 and 02-REZ-05, has applied to amend the Official Zoning Map of the City of Aventura by amending the zoning designation for Parcel 1 legally described in Exhibit A attached hereto from CF, Community Facility District to RS2, Residential Single Family District and by amending the zoning designation for Parcel 2 legally described in Exhibit B attached hereto from RMF4, Multifamily High Density Residential District to CNS, Conservation District; and Ordinance No. 2005-16 Page 2 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 rezonings are 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 applications for rezoning and has considered the testimony of all interested parties at the public hearings, and has determined that the rezoning actions set forth in this Ordinance are consistent with the Comprehensive Plan and intended use of the land. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Recitals. The foregoing whereas clauses are hereby ratified and incorporated within this ordinance. Section 2. Official Zonina Map Amended. That the Official Zoning Map of the City of Aventura is hereby amended by amending the zoning designation for a 0.51 acre parcel of land located on NE 34 Avenue at North Country Club Drive (Folio Number 28-1235-010-0010) from CF, Community Facilities District, to RS2, Residential Single Family District (see Exhibit "A" for Legal Description). Section 3. Official Zonina Map Amended. That the Official Zoning Map of the City of Aventura is hereby amended by amending the zoning designation for two Ordinance No. 2005-16 Page 3 parcels of submerged lands together measuring approximately 5.39 acres located south of NE 207 Street and east of NE 34 Avenue (Folio Numbers 28-1235-010-0030 and 28- 1235-013-0010) from RMF4, Multifamily High Density Residential District, to CNS, Conservation District (see Exhibit "B" for Legal Description). Section 4. Severabilitv. 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 Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Aventura and that the Official Zoning Map of the City may be revised so as to accomplish such intentions. Section 6. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading as to the zoning map amendment for the parcel described in Exhibit "A". This Ordinance shall be effective, as to the zoning map amendment for the parcel described in Exhibit "B", upon the owner obtaining all necessary governmental approvals to construct five boat slips and associated docks within the parcel. ___~_._'_____m-----'--._m~__.._._._~.._......___._.._.._____ Ordinance No. 2005-16 Page 4 The foregoing Ordinance was offered by Vice Mayor Joel, who moved its adoption on first reading. This motion was seconded by Commissioner Diamond and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach yes Commissioner Bob Diamond yes Commissioner Harry Holzberg yes Commissioner Billy Joel yes Commissioner Michael Stern yes Commissioner Luz Urbaez Weinberg yes Mayor Susan Gottlieb yes The foregoing Ordinance was offered by Commissioner Weinberg, who moved its adoption on second reading. This motion was seconded by Vice Mayor Joel, and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach yes Commissioner Bob Diamond yes Commissioner Harry Holzberg yes Commissioner Billy Joel yes Commissioner Michael Stern yes Commissioner Luz Urbaez Weinberg yes Mayor Susan Gottlieb yes PASSED on first reading this 11 th day of October, 2005. Ordinance No. 2005- -1L Page 5 PASSED AND ADOPTED on second reading this 1st day of November, 2005. L,~ ;:L~ /SUSAN GOTTLIEB, MAYOR TO LEGAL ~FFICIENCY: CITY ATTORNEY Office of the City Clerk this ,2. ~day of ~2005. CI EXHIBIT "A" TO ORDINANCE NO, 2005- I&;' Legal Description of Land A PARCEl OF LAND DESCRIBEO AS A PORTION OF TRACT "F" OF FIRST ADDmON BISCAYNE YACHT AND COlJNTRY QUB, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK S9 AT PAGE 100 OF THE PUBUC RECORDS OF DADE COUNTY (NOW t,([AMI-DADE COUNTY), FLORIDA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT lliE WEST 1< CORNER OF SECTION 35, TOWNSHIP 51 SOUTH, RANGE 42 EAST CITY OF AIDlTURA. MIAMI-DADE COUNTY, FLORIDA; THENCE S02'OO'25-E FOR 1.60 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST; THENCE ALONG THE ARC Of SAID CURVE. HAVING A RADIUS OF 1091.35 FEET AND A CENTRAL ANGLE OF 1019'43" FOR 196.74 FEET TO A POINT ON SAID CURVE; THENCE SSnO'42"E ON A UNE RADIAL TO THE POINT ON CURVE FOR 50.00 FEET TO" POINT ON THE BOUNDARY OF SAID mACT "F;" THENCE SOS19'18"W FOR 1.69 FEET TO THE POINT OF BEGINNING OF SAlO PARCEl OF LAINO; lliENCE ALONG THE BOUNDARY OF SAID TRACT "f" FOR THE FOLLO\\\NG THREE (3) COURSES; (1) THENCE CONTINUE SOB19'IS-W FOR 96,00 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST; (2) THENCE ALONG THE ARC OF SAID CURVE. HAVING A RADIUS OF SO.OO FEET AND A CENTRAL ANGLE OF 90'00'00- FOR 78.54 FEET TO THE POINT OF TANGENCY; (3) lliENCE SSI'4O'42"E FOR 106,00 FEET TO A POINT ON SAID BOUNDARY OF TRACT T:" THENCE NOS19'1S"E FOR 146,00 FEET; THENCE NS1'4O'42"W FOR 156,00 FEET TO THE POINT OF BEGINNING. EXHIBIT "B" TO ORDINANCE NO. 2005-110 Legal Description of Land ALL TIiOSE LOTS, PIECES OR PARCELS Of LANO S1lUATE, L'1'1NG ANO BEING IN SECTION 35, TO'loNSHIP 51 SOOTH, RANGE 42 EAST, aTY OF AVENTlJR MIAMI-DACE COUNTY, FLORIDA, THE SAME BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, VlL: PARaEL "PRIVATE CANAL", LESS PORTIONS L'1'1NG IN -AVENTlJRA-MARINA CONDOMINIUM NO. ,," ACCOROING TO THE DECLARATION THEREOF AND RECORDED IN OfFlaAL RECORDS BOOK 8096 AT PAGE 876 OF "FIRST ADDITION TO BISCAYNE YACHT AND COUNTRY CLUB," ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 89 AT PAGE 100 OF THE PUBUC RECORDS OF MIAMI-DADE COONTY, FLORIDA, ALSO. LESS T11E PORTIONS L'1'1NG IN "AVENTlJRA FIRST ADDITION" ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 99 AT PAGE 11 OF TIiE PUBUC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. TOGETHER \'tITH: "PRIVATE CANAL- PORTION OF AVENlURA FIRST ACDIT1ON. ACCORDING TO THE PLAT TIiEREOf, AS RECORDED IN PLAT BOOK 99 AT PAGE 11 OF T11E PU8UC RECORDS Of DACE COONTY (NOW MIAMI-DADE COUNTY), FLORIDA.