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2006-14 ORDINANCE NO. 2006-14 AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR PROPERTY LOCATED ON NE 207 STREET AT NE 30 AVENUE, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", FROM BUSINESS AND OFFICE TO MEDIUM HIGH DENSITY RESIDENTIAL; PROVIDING FOR TRANSMITTAL TO THE AGENCIES AS REQUIRED UNDER CHAPTER 163, PART II, FLORIDA STATUTES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Department of Community Affairs of the State of Florida found in compliance the City of Aventura Comprehensive Plan (the "Plan") in February 1999; and WHEREAS, the Future Land Use Map of the Plan designated the subject property Business and Office; and WHEREAS, the owner has made application to the City to change the land use I designation from Business and Office to Medium High Density Residential; and WHEREAS, the City Commission agreed to approve a residential zoning designation on the subject property, conditioned upon the acceptance of a Plan amendment; and WHEREAS, the Plan amendment will not result in impacts on any infrastructure system that will exceed established level of service standards and is otherwise consistent with the goals, objectives and policies of the Plan; and WHEREAS, the City Commission believes it is in the best interest of the public to amend the future land use map designation on the subject property from Business and Office to Medium High Density Residential; and WHEREAS, the City Commission believes the amendment will maintain the unique aesthetic character of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Purpose. This Ordinance is intended to preserve the unique aesthetic character of the City and ensure that adjacent land uses are compatible. It is further intended to protect property values, create a better business climate, enhance the physical appearance of the community and preserve the natural beauty of the City. Section 2. Amendment of Future Land Use Map Desi~nation. The future land use map designation of the parcel of land situate on NE 207 Street at NE 30 Avenue more particularly described in Exhibit "A" to this ordinance, totaling 3.359 acres acres and having folio numbers as listed on Exhibit liB" to this ordinance is hereby changed from Business and Office to Medium 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. Inclusion in the Comprehensive Plan. 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 2 the Future Land Use Map of the Comprehensive Plan may be revised so as to accomplish such intentions. Section 5. Transmittal. The City Clerk is directed to transmit the amendment to the State of Florida Department of Community Affairs and other agencies as provided under Chapter 163, Part II of the Florida Statutes. Section 6. Effective Date. This Ordinance shall be effective pursuant to Chapter 163 of the Florida Statutes. The foregoing Ordinance was offered by Commissioner Holzberg, who moved its adoption on first reading. This motion was seconded by Commissioner Joel, and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach yes Commissioner Billy Joel yes Commissioner Bob Diamond yes Commissioner Michael Stern yes Commissioner Harry Holzberg yes Vice Mayor Luz Urbaez Weinberg yes Mayor Susan Gottlieb yes The foregoing Ordinance was offered by Vice Mayor Holzberg, who moved its adoption on second reading. This motion was seconded by Commissioner Auerbach and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach yes Commissioner Billy Joel yes Commissioner Bob Diamond yes Commissioner Michael Stern yes Commissioner Harry Holzberg yes Commissioner Luz Urbaez Weinberg yes Mayor Susan Gottlieb yes PASSED on first reading on this 12th day of September, 2006. 3 PASSED AND ADOPTED on this 3rd day of October, 2006. APPROVED AS TO LEGAL SUFFICI~CY: CITYATTO~~ ~ 4 Exhibit A to Ordinance No. 2006~ 14 LEGAL DESCRIPTION: All of Lots 7 through 13, 38 through 42 and a portion of Lots 14, 33 through 37, all of Block 18, HALLANDALE PARK No.8, including the ten (10) foot alleys adjacent to said lots, lying within said Block 18, as recorded in Plat Book 20 at Page 49. All of Tract 1, LAURANNA, os recorded in Plat Book 76 at Page 31. All of Lots 1, 2, 6 through 13,.38 through 42 and 0 portion of Lots 14 and 37, 011 of Block 17, HALLANDALE PARK No.8, including the ten (10) foot alleys adjacent to said lots in Block 17, as recorded in Plat Book 20 at Page 49. Tract 1, Block 17, REPLAT OF A PORTION OF HALLANDALE PARK No.8, as recorded in Plat Book 40 at Page 97. That portion of the North One-half of N.E. 205th street abandoned by Resolution No. 2000-11 recorded in O.R.B. 19247 at Page 4677. That portion of N.E. 206th Street bounded on the North by Block 18 and bounded on the South by Block 17 and bounded on the East by the West right-of-way line of N.E. 30th Avenue (East Dixie Highway) 011 being os shown on HALLANDALE PARK No.8, os recorded in Plat Book 20 at Page 49. A portion of land bounded by on the North by a line 81.00 feet South of and parallel or concentric with the North line of Waterways Boulevard as shown on AVENTURA CORPORATE CENTER, as recorded in Plat Book 158, Page 47, and bounded on the South by the North. line of Block 18,H~~LANDALE PARK NO.8, as recorded in Plat Book 20 at Page 49, all the above plats being of the Public Records of Miami-Dade County, Florida, lying and being in the City of Aventura and being more particularly described as follows: Commence at the intersection of the centerline of N.E. 205th Street and the centerline of N.E. 30th Avenue, both os shown on said PLAT OF HALLANDALE PARK NO.8; thence North 89"53'41" West along said centerline of N.E. 205 Street for 35.01 feet to the Point of Beginning of the hereinafter described parcel of land; thence continue North 89'53'41" West along said centerline for 261.97 feet; thence '.:North 00'00'00" East for 422.33 feet; thence North 90'00'00" West for 119.97 feet; thence North 00'00'00" East for 135.92 feet; thence South 76"00'36" East along a line 81.00 feet South of and parallel with North right-of-way line of . Waterways Boulevard for 86.13 feet to a point of curvature; thence Southeasterly along a 1519.00 foot radius curve leading to the left through 0 central angle of 7"37'02" for an arc distance of 201.94 feet; thence South 00"52'30" East along 0 line 10.00 feet East of 0 10.00 foot olley adjacent to said Lot 42, Block 18 of HAlLANDALE PARK NO.8 for 8.92 feet to the Northwest corner of said Tract 1 of LAURANNA; thence South 89'50'24" East along the North line of said Tract 1 for 70.42 feet to a point of curvature; thence Southeasterly along a 25.00 foot radius curve leading to the right through 0 central angle of 88'57'54" for on arc of 38.82 feet to a point of tangency; thence South 00'52'30" East along the East line of said Tract 1 for 122.65 feet to the Southeast corner thereof; thence South 89'51'49" East along the North line of said Lot 7, Block 18 HALLANDALE PARK NO. 8 for 5.00 feet to the Northeast corner thereof; thence South 00'52'30" East along the East line of said Lots 7 and 8, Block 18 and the Southerly extension thereof for 164.42 feet to the Southeast corner of said Lot 2, Block 17 of HALLANDALE PARK NO. 8; thence North 89'52'27" West along the South line of said Lot 2, Block 17 for 5.00 feet to the Northeast corner of said Tract 1 of REPLAT OF A PORTION OF HALLANDALE PARK NO.8; thence South 00'52'30 East olong the East line of said Tract 1 for 75.01 feet to the Southeast corner thereof; Thence South 89'53'04" East along the North line of said Lot 6, Block 17 for 5.00 feet to the northeast corner of said Lot 6; thence South 00"52'30" East olong the East line of said Lots 6, 7 & 8, Block 17 for 56.77 feet to 0 point of curvature; thence Southwesterly along 0 25.00 foot radius curve leading to the right through a central angle of 36"52'05" for an arc of 16.09 feet; thence South 00'52'30" East along 0 line 35.00 feet West of and parallel to the center line of said NE 30th Avenue for 35.35 feet to the Point of Beginning. FIs Job No. 20061117 Folio numbers 28-1234-006-4610 28-1234-006-4810 28-1234-006-4590 28-1234-006-4580 28-1234-006-4570 28-1234-006-4560 28-1234-006-4550 28-2203-021-0010 28-1234-006-4530 28-1234-006-4540 28-1234-006-4420 28-1234-006-4430 28-1234-006-4440 28-1234-006-4450 28-1234-006-4460 28-1234-006-4470 28-1234-006-4210 28-1234-006-4220 28-1234-007-0031 28-1234-007 -0030 28-1234-006-4230 28-1234-006-4240 28-1234-006-4250 28-1234-006-4290 28-1234-006-4280 28-1234-006-4270 28-1234-006-4260 Exhibit B to Ordinance No. 2006- ] 4