2007-05
ORDINANCE NO. 2007-05
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE COMPREHENSIVE MASTER PLAN BY
AMENDING THE FUTURE LAND USE MAP
DESIGNATION FOR PROPERTY LOCATED AT 3301 NE
213 STREET KNOWN AS WATERWAYS PARK, MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A", FROM
BUSINESS AND OFFICE TO PARKS AND RECREATION;
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 City of Aventura has made application to change the land use
designation from Business and Office to Parks and Recreation; and
WHEREAS, the City Commission agreed to approve a Recreation Open Space
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 Parks and Recreation; and
Ordinance No. 2007-05
Page 2
WHEREAS, the City Commission believes the amendment will maintain the
unique aesthetic character of the City and improve the quality of life for its residents by
providing additional public parkland.
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 Desianation. The future
land use map designation of the parcel of land situate at 3301 NE 213 Street known as
Waterways Park and more particularly described in Exhibit "A" to this ordinance, totaling
7.0 acres is hereby changed from Business and Office to Parks and Recreation.
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
2
Ordinance No. 2007-05
Page 3
become and made a part of the Comprehensive Plan of the City of Aventura and that
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 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 Stern, who moved its
adoption on second reading. This motion was seconded by Commissioner Joel and
upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez-Weinberg
Mayor Susan Gottlieb
absent
yes
yes
yes
yes
yes
yes
3
Ordinance No. 2007 - 05
Page 4
PASSED on first reading on this 6th day of February, 2007.
PASSED AND ADOPTED on second reading this 13th day of March, 2007.
ATTEST:
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TEI1ESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
~kM
CITY ATTORNEY
4
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 comer of said Tract B and the Northeast 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 corner 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 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 0[382.40 feet;
THENCE South 3r41'02" East, a distance of306.19 feet;
THENCE South 01052'05" East, a distance of257.81 feet to the POINT OF BEGINNING;
Prepared By:
CALVIN, GIORDANO AND ASSOCIA TES, INC.
1800 Eller Drive, Suite 600
Fort Lauderdale, Florida 33316
December 9, 2(0)
Revised April 28. 2006
- - . P:\PToject5\200 1 101:2T9TCulfstream ParJ(S-6-undarySurveY-ofMiami03de Porti6iilSURVEY\Legal DescnjiiionslPioposedPark .
Are.a]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, nONN 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 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 corner 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 of the Public Records of Miarni-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 BEGlNNING;
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 of 17.63 feet;
THENCE North 88009'53" East, a distance of 581.87 feet;
THENCE South 01052'05" East, a distance of 523.58 feet to the POINT OF BEGINNING;
Prepared By:
CALVIN, GIORDANO AND ASSOClA TES. INe.
1800 Eller Drive, Suite 600
Fort Lauderdale, Florida 33316
December 9, 2003
u .Revj~~_-,",pril)_8._2QQL___. ""_ ___ _______ _ __ " . _ _w_____ _________ ___ ____ _ ___
P:IProjecls\2001 1012193 Gu1fstream Park Boundary Survey of Miami Dade PortionlSURYEY\Lega1 DescriptionslProposed 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:
I. 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, DONN ACRES, as
recorded in Plat Book 76, Page 30, Miami-Dade County Records, with said East
line having a bearing of South 02 021' 14" East.
4. The description contained herein and the attached sketch, do not represent a field
Boundary Survey.
Date: S-I-00
Prepared By:
CALVIN, GIORDANO AND ASSOCIATES, INe.
1800 Eller Drive, Suite 600
Fort Lauderdale, Florida 33316
December 9, 2003
Revised April 28,2006
- - -P:\Projects\200]\OTTI93 Gu]fstream Park-B-6u"j,dary SurveyofMiarruDade -PoTlion\sURVEYiLigalDescnpti6ns\Pioposerl Park -"- pn
Area]arce11&2_042706.doc
Sheet 3 of 4 Sheets
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