2006-15
ORDINANCE NO. 2006-15
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 PARCEL OF LAND LOCATED ON
NE 207 STREET AT NE 30 AVENUE AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT A, FROM B2,
COMMUNITY BUSINESS DISTRICT TO RMF3A,
MULTIFAMILY MEDIUM DENSITY RESIDENTIAL
DISTRICT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the applicant, Aventura Land Trust, LLC and Aventura Land Trust 2,
LLC, through Application No. 01-REZ-06, has applied to amend the Official Zoning Map
of the City of Aventura by amending the zoning designation for a parcel of land (the
"Property") on NE 207 Street at NE 30 Avenue, as legally described in Exhibit A
attached hereto, from B2, Community Business District to RMF3A, Multifamily Medium
Density Residential District; and
WHEREAS the applicant has proffered a covenant to restrict density on the
parcel of land subject of this rezoning request to no more than 31 dwelling units per
gross acre and the City Commission has accepted such proffer; and
WHEREAS, the City Commission concurrently with this rezoning application has
considered a small scale Comprehensive Plan amendment to change the land use
designation of the Property from Business and Office to Medium High Density
Residential (01-CPA-06); 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 as proposed to be amended; and
Ordinance No. 2006-15
Page 2
WHEREAS, the City Commission has held the required public hearings, duly
noticed in accordance with law; and
WHEREAS, the City Commission has reviewed the application for rezoning 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, as proposed to be amended; and the health, safety and welfare
of the City.
NOW, THEREFORE, BE IT ORDAINED 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 Zonin@P Amended. That the Official Zoning Map
of the City of Aventura is hereby amended by amending the zoning designation for the
parcel of land located on NE 207 Street at NE 30 Avenue with legal description
described in Exhibit A and folio numbers listed in Exhibit B to this ordinance, from B2,
Community Business District, to RMF3A, Multifamily Medium Density Residential
District.
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
Ordinance No. 2006-15
Page 3
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 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 5. Effective Date. This Ordinance shall be effective immediately
upon the effective date of the small scale amendment to the Comprehensive Plan (01-
CPA-06) and upon recordation of the proffered covenant restricting density to no more
than 31 dwelling units per gross acre.
The foregoing Ordinance was offered by Commissioner Joel, who moved its adoption on
first 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
Vice Mayor 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 Commissioner Stern, 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
Ordinance No. 2006- 15
Page 4
PASSED on first reading this 1ih day of September, 2006.
PASSED AND ADOPTED on second reading this 3rd day of October, 2006.
UFFICIE?:
i the ffiee of the City Clerk this tay of ~2006,
Exhibit A to Ordinance No. 2006-1L-
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, as recorded in Plat Book 76 at Page
31. All of Lots 1,2,6 through 13,38 through 42 and a portion of Lots 14 and 37, all 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) all being as shown on HALLANDALE
PARK No.8, as 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 os shown on
AVENTURA CORPORATE CENTER, os 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, 011 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 a central angle of 7'37'02" for an arc distance of 201.94 feet;
thence South 00'52'30" East along a line 10.00 feet East of a 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 a central angle of
88'57'54" for an 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
along 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 along the East line of said Lots 6. 7 & 8, Block 17 for 56.77 feet to a point
of curvature: thence Southwesterly along a 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 a 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.
Fls 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. 20061 '1