2007-06
ORDINANCE NO. 2007- 06
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 7.0 ACRE PARCEL OF LAND
LOCATED AT 3301 NE 213 STREET, KNOWN AS
WATERWAYS PARK AND MORE PARTICULARLY
DESCRIBED IN EXHIBIT A, FROM MO, MEDICAL OFFICE
DISTRICT, TO ROS, RECREATION OPEN SPACE
DISTRICT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Aventura has initiated, through Application No. 01-REZ-07,
an application to amend the Official Zoning Map of the City of a 7.0 acre parcel of land
located at 3301 NE 213 Street, known as Waterways Park and legally described in
Exhibit "A" to this Ordinance, from MO, Medical Office District to ROS, Recreation Open
Space District to permit its use as a public park; 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 Parks and Recreation (01-
CPA-O?); 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
WHEREAS, the City Commission has held the required public hearings, duly
noticed in accordance with law; and
Ordinance No. 2007-06
Page 2
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 Zonina Map Amended. That the Official Zoning Map
of the City of Aventura is hereby amended by amending the zoning designation for the
7.0 acre parcel of land located at 3301 NE 213 Street with legal description described in
Exhibit A from MO, Medical Office District to ROS, Recreation Open Space 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 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
Ordinance No. 2007-06
Page 3
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-07).
The foregoing Ordinance was offered by Commissioner Joel, who moved its
adoption on first reading. This motion was seconded by Vice Mayor Holzberg, 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 Luz Urbaez Weinberg yes
Vice Mayor Harry Holzberg 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
Diamond, and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner T eri Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez-Weinberg
Mayor Susan Gottlieb
absent
yes
yes
yes
yes
yes
yes
PASSED on first reading this 6th day of February, 2007.
Ordinance No. 2007- 06
Page 4
PASSED AND ADOPTED on second reading this 13th day of March, 2007.
.~ / i r
, I . l'
ATTEST: ,,': Ii
AI \ '11 \, / }
.~..~ \ 0(~:( LA
TERESA M. SORO~, MMC
CITY CLERK '\ .
"_/
LEGAL SUFFICIENCY:
r
Ld~
,.s6San Gottlieb, Mayor
e Office of the City Clerk this J tJ.~ay of ~~, 2007.
EXHIBIT A
LAND DESCRIPTION
PROPOSED CITY PARK
GULFSTREAM PARK
CITY OF A VENTURA, MIAMI-DADE COUNTY, FLORIDA
TRACT 'A' 6.02 ACRES
Portions of Tract A and Tract B, DONN ACRES, according to the plat thereof as recorded
in Plat Book 76, Page 30 of the Public Records of Miami-Dade County, Florida, being
more particularly described as follows:
COMMENCE at the Northeast corner of said Tract B and the Northeast comer of Section
34, Township 51 South, Range 42 East;
THENCE South 02021' 14" East on said East line of Tract B and the East line of said
Section 34, a distance of 541.55 feet to the Northeast comer of a parcel of land conveyed
to the City of A ventura for highway purposes by Right-of-Way Deed recorded in Official
Records Book 17973, Page 3869 of the Public Records of Miami-Dade County, Florida;
THENCE on the North line of said Parcel conveyed to the City of A ventura the following
three (3) courses and distances;
1. South 50029'14" West, a distance of 32.10 feet (31.83 feet by deed) to the
beginning of a tangent curve concave to the Northwest;
2. Southwesterly on the arc of said curve having a radius of 330.00 feet, through a
central angle of 37032'07" (37034'38" by deed), an arc distance of 216.19 feet
(216.43 feet by deed) to a point of tangency;
3. South 88001 '22" West, a distance of 128.17 feet to the POINT OF BEGINNING;
THENCE continue South 88001 '22" West on said North line, a distance of 561.58 feet;
THENCE North 01052'05" West, a distance of 507.39 feet;
THENCE North 88009'53" East, a distance of382.40 feet;
THENCE South 37041'02" East, a distance of306.19 feet;
THENCE South 01052'05" East, a distance of257.81 feet to the POINT OF BEGINNlNG;
~ared By:
CAL VlN, GIORDANO AND ASSOCIATES, lNC,
1800 Ell er Drive, Suite 600
Fort uuderdale, Florida 33316
December 9, 2003
Revised April 28, 2006
u - -" P:\PTojecis\200 1 iOiiWHiliTfsrream ParkB-b"unoary "SurveY-ofM:iamir:5ioe }iorti6iiISURVEY\Legal Desc"npficiiis\Pioposeo"Park- -..
Area]arcell&2_042706,doc
Sheet 1 of 4 Sheets
EXHIBIT A
TOGHETER WITH
TRACT 'B' 0.98 ACRES
Portions of Tract A and Tract B, DONN ACRES, according to the plat thereof as recorded
in Plat Book 76, Page 30 of tbe Public Records of Miami-Dade County, Florida, being
more particularly described as follows:
CO:M:MENCE at the Northeast corner of said Tract B and the Nortbeast corner of Section
34, Township 51 South, Range 42 East;
THENCE South 02021 '14" East on said East line of Tract B and the East line of said
Section 34, a distance of 541.55 feet to the Northeast comer of a parcel of land conveyed
to the City of Aventura for highway purposes by Right-of-Way Deed recorded in Official
Records Book 17973, Page 3869 oftbe Public Records of Miami-Dade County, Florida;
THENCE on the North line of said Parcel conveyed to the City of Aventura the following
three (3) courses and distances;
1. South 50029'14" West, a distance of 32,10 feet (31.83 feet by deed) to the
beginning of a tangent curve concave to the Northwest;
2. Southwesterly on the arc of said curve having a radius of 330.00 feet, through a
central angle of 37032'07" (37034'38" by deed), an arc distance of 216.19 feet
(216.43 feet by deed) to a point of tangency;
3. South 88001 '22" West, a distance of 107.88 feet to the POINT OF BEGINNING;
THENCE continue South 88001'22" West, a distance of20.29 feet;
THENCE North 01052'05" West, a distance of257.81 feet;
THENCE North 37041 '02" West, a distance of306.19 feet;
THENCE South 88009'53" West, a distance of382.40 feet;
THENCE North 01052'05" West, a distance of17.63 feet;
THENCE North 88009'53" East, a distance of581.87 feet;
THENCE South 01052'05" East, a distance of523.58 feet to the POINT OF BEGINNING;
Prepared By:
CALVIN, GIORDANO AND ASSOCIATES, INe,
1800 Eller Drive, Suite 600
Fort Lauderdale, Florida 333] 6
December 9, 2003
_ Revj~~_-,~p,ril).8,,_2QQL'___UH_____ ,________ _ .u. . _ . __ uu___._ ___u__ _ _.___ ____ _____ _ _ u_ _.__. ._____. u
P:\Projecls\200 IIOJ 2193 Gulfstream Park Boundary Survey of Miami Dade PortionlSURVEY\Legal Descriptions\Proposed Park
Area.Parcel 1&2.042706,doc
Sheet 2 of 4 Sheets
EXHIBIT A
Said lands lying in the City of Aventura, Miami-Dade County, Florida and containing total
net area 305,075 square feet 7.00 (acres) more or less.
NOTES:
1. Not valid without the signature and original embossed seal of a Florida licensed
Professional Surveyor and Mapper.
2. Lands described hereon were not abstracted, by the surveyor, for ownership,
easements, rights-of-way or other instruments that may appear in the Public
Records of Miami-Dade County.
3. Bearings shown hereon are relative to the East line of Tract B, nONN ACRES, as
recorded in Plat Book 76, Page 30, Miami-Dade County Records, with said East
line having a bearing of South 02021'14" East.
4. The description contained herein and the attached sketch, do not represent a field
Boundary Survey.
Date: 5'-1.00
Prepared By:
CALVIN, GIORDANO AND ASSOCIATES, INe.
1800 Eller Drive. Suite 600
Fon Lauderdale, Florida 33316
December 9, 2003
Revised April 28, 2006 .... . .... . . . .. .. . '. . _'.. PH ____ ____P__
-P:\Projects\200f\Oi2193GUffstream Park-Ifou'iida,y Survey (ifM:i'iliii D3de-PonioniSiJRVEYfugaJDescnptions\PTopoSed Park
Area]arce11&2_042706.doc
Sheet 3 of 4 Sheets
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