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02-01-2000 LPA Agenda Gty ntura LOCAL PLANNING AGENCY AGENDA February I, 2DOD - 6 PM CALL TO ORDER\ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC HEARINGS: MOTION RECOMMENDING ADOPTION OF THE FOLLOWING ORDINANCE: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR THE PROPERTY LOCATED NORTH OF WILLIAM LEHMAN CAUSEWAY, SOUTH OF YACHT CLUB WAY BETWEEN EAST COUNTRY CLUB DRIVE AND MYSTIC POINT DRIVE FROM MEDIUM HIGH DENSITY RESIDENTIAL TO BUSINESS AND OFFICE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION RECOMMENDING ADOPTION OF THE FOLLOWING ORDINANCE: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR THE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF NE 28 COURT AND NE 185 STREET FROM MEDIUM HIGH DENSITY RESIDENTIAL TO BUSINESS AND OFFICE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION RECOMMENDING ADOPTION OF THE FOLLOWING ORDINANCE: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR THE PROPERTY LOCATED AT 2890 NE 187 STREET FROM MEDIUM HIGH DENSITY RESIDENTIAL TO TOWN CENTER; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION RECOMMENDING ADOPTION OF THE FOLLOWING ORDINANCE: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR THE PROPERTY LOCATED AT THE NORTHEAST CORNER OF NE 213 STREET AND THEORETICAL NE 32 AVENUE FROM MEDIUM DENSITY RESIDENTIAL TO BUSINESS AND OFFICE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION RECOMMENDING ADOPTION OF THE FOLLOWING ORDINANCE: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR THE THREE CONTIGUOUS PROPERTIES LOCATED ALONG THE EAST FRONTAGE OF BISCAYNE BOULEVARD BETWEEN NE 187 STREET AND NE 191 STREET FROM TOWN CENTER TO BUSINESS AND OFFICE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION RECOMMENDING ADOPTION OF THE FOLLOWING ORDINANCE: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE FUNCTIONAL CLASSIFICATION AND NUMBER OF LANES MAP FOR NE 203 STREET FROM BISCAYNE BOULEVARD TO NE 29T'~ AVENUE BY DELETING ITS CLASSIFICATION AS A LIMITED ACCESS HIGHWAY; AND PROVIDING FOR AN EFFECTIVE DATE. 2 MOTION RECOMMENDING ADOPTION OF THE FOLLOWING ORDINANCE: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR THE TURNBERRY ISLE RESORT AND COUNTRY CLUB, LOCATED AT 19999 WEST COUNTRY CLUB DRIVE FROM PARKS AND RECREATION TO BUSINESS AND OFFICE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION RECOMMENDING ADOPTION OF THE FOLLOWING ORDINANCE: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY DESIGNATING NE 213 STREET FROM BISCAYNE BOULEVARD TO NE 34TM AVENUE AS A LOCAL URBAN COLLECTOR ON THE FUTURE FUNCTIONAL CLASSIFICATION AND NUMBER OF LANES MAP; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION RECOMMENDING ADOPTION OF THE FOLLOWING ORDINANCE: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY ADDING SIX (6) NEW POLICIES (POLICIES 1.11 THROUGH 1.16) TO OBJECTIVE ONE OF THE INTERGOVERNMENTAL COORDINATION ELEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. 3 TO: FROM: BY: DATE: SUBJECT: CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM City Commission ~ -'~ty~e ~ rr ieCn ~: SK°e ri :ekyl ' ~m ~ velopment Direct,~ January 14, 2000 Petition of City of Aventura Community Development Department to approve a Comprehensive Plan amendment to change the land use designation of the Turnberry "U" and "V" parcels from Medium High Density Residential to Business and Office. (01a-CPA-99) (Small Scale) February l, 2000 Local Planning Agency Agenda Item February '1, 2000 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission: 1) approve the Comprehensive Plan amendment to change the land use designation of the Turnberry "U" and "V" sites from Medium High Density Residential to Business and Office; and 2) approve the transmittal of the amendment to the Florida Department of Community Affairs. THE REQUEST The Applicant, the City of Aventura Community Development Department is requesting Comprehensive Plan amendment to change the land use designation of the Tumberry "U" and "V" sites from Medium High Density Residential to Business and Qffice to facilitate a rezoning of the two parcels from RMF4 (Multi-Family High Density Residential District) to B1 (Neighborhood Business District). SITE DATA OWNER OF PROPERTY D. Softer and B. Redlich NAME OFAPPLICANT City of Aventura Department of Community Development LEGAL DESCRIPTION Tracts FF and GG, Fifth Addition to Biscayne Yacht and Country Club, Plat Book 99, Page 20, Public Records of Miami-Dade County, Florida. (Tract FF is designated "Site V" in the Biscyane Villas Criteria Manual and Tract GG is designated "Site U".) LOCATION OF PROPERTY North of William Lehman Causeway, south of Yacht Club Way, east of East Country Club Drive, west of Mystic Point Drive. (Location map is attached as Exhibit #1 and an aerial photograph is attached as Exhibit #2) SIZE OF PROPERTY Site "U" (Tract GG): 1.4 acres Site "V" (Tract FF): 2,1 acres DESCRIPTION/BACKGROUND Miami-Dade County Resolution Z-50-69, approved February 20, 1969 allowed a series of rezonings to facilitate the initial development of a resort to be developed in substantial accordance with the site plan entitled "Preliminary Development Plan of Biscayne Village," revised dated November 29, 1969. (Henceforth the "Criteria Manual.") The Criteria Manual designated Sites U and V for commercial use to support adjacent high density residential and resort land uses. On December 15, 1998 the Aventura City Commission approved the City of Aventura Comprehensive Plan. The Future Land Use Map of the Comprehensive Plan designated both parcels "Medium High Density Residential" consistent with the existing Miami~Dade County Comprehensive Plan. On July 13, 1999 the City Commission approved the City of Aventura Land Development Regulations (LDRs). The adopted zoning map contained in the LDRs designated a zoning of RMF4 (Multi-Family High Density Residential) for the two parcels. In the process of developing the LDRs, the landowners informed the City that they believed that prior Miami-Dade County approvals had vested them with development rights inconsistent with the RMF4 zoning. The City agreed to approve a zoning change, conditioned upon the acceptance of a comprehensive plan amendment. 2 ANALYSIS Future Land Use Designation Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Medium High Medium High Medium High Medium High Medium High Density Residential Density Residential Density Residential Density Residential Density Residential Zoning Subject Property: RMF4 Properties to the North: RMF4 Properties to the South: RMF4 Properties to the East: RMF4 Properties to the West: RMF4 Multi-Family High Density Residential Multi-Family High Density Residential Multi-Family High Density Residential Multi-Family High Density Residential Multi-Family High Density Residential Existing Land Use - Subject property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Vacant Residential William Lehman Causeway; Water Residential and Community Facility (Synagogue) Residential Access - Access to both sites are from Yacht Club Way. No access easements are required. Conformity to City Comprehensive Plan - The amendment is consistent with the City's Comprehensive Plan. The amendment will not result in impacts on any infrastructure system that will exceed established Level of Service standards. Conformity to City Land Development Regulations - Both sites are compatible with the lot and siting requirements of the B1 zoning district. The B1 zoning district is intended to provide primarily for retail sales and services to a surrounding neighborhood. The zoning is appropriate for location between a collector read and the right-of-way for a limited access highway. Coastal High Hazard Location - The location of this site is not in a designated coastal high hazard area. 3 RECOMMENDATION It is recommended that the City Commission: 1) approve the Comprehensive Plan amendment to change the land use designation of the Turnberry "U" and "V" sites from Medium High Density Residential to Business and Office; and 2) approve the transmittal of the amendment to the Florida Department of Community Affairs. 4 Dumfou~ing / ~ / EXHIBIT #1 LE(IEItl) 01a-CPA-99 (Small Scale Amendment) EXHIBIT #2 01a-CPA-99 (Small Scale Amendment) ORDINANCE NO. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR THE PROPERTY LOCATED NORTH OF WILLIAM LEHMAN CAUSEWAY, SOUTH OF YACHT CLUB WAY BETWEEN EAST COUNTRY CLUB DRIVE AND MYSTIC POINT DRIVE FROM MEDIUM HIGH DENSITY RESIDENTIAL TO BUSINESS AND OFFICE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Departmerrt 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 properties Medium High Density Residential, consistent with the exJsting Miami-Dade County Comprehensive Plan; and WHEREAS, the City Commission adopted the City's Land Development Regulations (the "LDRs") in July 1999; and WHEREAS, in the process of developing the LDRs, it was determined that the zoning was inconsistent with the land use designation on the property; and WHEREAS, the City Commission agreed to approve a business zoning designation on the subject properties, 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 Ordinance No. Page 2 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 properties frOm Medium High Density Residential to Business and Office; 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 Designation. The future land use map designation of the properties legally described as: Tracts FF and GG, Fifth Addition to Biscayne Yacht and Country Club, Plat Book 99, Page 20, Public Records of Miami-Dade County, Florida a/Ida Turnberry "U" Site (Tract GG) Turnberry "V" Site (Tract FF) is changed from Medium High Density Residential to Business and Office. 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 2 Ordinance No, Page 3 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. Transmittal. The City Clerk is directed to transmit the amendment to the State of Florida Department of Community Affairs. Section 5. Effective Dete. This OrdinanCe shall be effective pursuant to Chapter 163 of the Florida Statutes. who The foregoing Ordinance was offered by Commissioner moved its adoption. This motion was seconded by and upon being put to a vote, the vote was as follows: Commissioner Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Harry Hoizberg Commissioner Jeffrey M. Periow Commissioner Patricia Rogers-Libert Vice Mayor Arthur Berger Mayor Arthur I. Snyder PASSED AND ADOPTED on this 1st day of February, 2000. ARTHURI. SNYDER, MAYOR 3 Ordinance No. Page 4 ATTEST: TERESA M, SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY 4 TO: FROM: BY: DATE: SUBJECT: CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM City Commissio . yC~Ma~l Eric M Soroka, January 14, 2000 Petition of City of Aventura Community Development Department to approve a Comprehensive Plan amendment to change the land use designation of a parcel at the southeast corner of NE 28 Court and NE 185 Street (the "Binning East" site) from Medium High Density Residential to Business and Office. (01 b-CPA-99) (Small Scale) February 1, 2000 Local Planning Agency Agenda Item ~ February 1, 2000 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission: 1) approve a Comprehensive Plan amendment to change to the land use designation of a 1.66 acre site at the southeast corner of NE 28 Court and NE 185 Street (the "Binning East" site) from Medium High Density Residential to Business and Office; and 2) approve the transmittal of the amendment to the Florida Department of Community Affairs. THE REQUEST The Applicant, the City of Aventura Community Development Department, is requesting a Comprehensive Plan amendment to change the land use designation of a 1.66 acre site at the southeast corner of NE 28 Court and NE 185 Street from Medium High Density Residential to Business and Office to facilitate a rezoning from RMF3 (Multi- Family Medium Density Residential District) to B2 (Community Business District). SITE DATA OWNER OF PROPERTY NAME OF APPLICANT LEGAL DESCRIPTION LOCATION OF PROPERTY SIZE OFPROPERTY National Gypsum Co. c/o Binning Building Products, Inc. City of Aventura Department of Community Development Beginning 90.17 feet East of the Northwest ¼ of the East ~ of the Southeast ¼ of the SW ¼ of Section 3, Township 52 South, Range 42 East, thence South along the East right-of-way line of NE 28 Court 361.33 feet, thence East 200.28, thence North 361.18 feet, thence West 200.28 feet to the Point of Beginning. Southeast corner of NE 28 Court and NE 185 Street. (Location map is attached as Exhibit #1 and an aerial photograph is attached as Exhibit #2) Approximately 72,367 square feet (1.66 acres) DESCRIPTION/BACKGROUND This parcel comprises slightly less than one-quarter of the total site upon which the Binning Pan American factory sits. Unlike the 6.7 acres of land lying west of NE 28 Court, this pamel (located south of NE 185 Street, between NE 28 Court and a Florida Power and Light substation) is undeveloped. On December 15, 1998 the Aventura City Commission approved the City of Aventura Comprehensive Plan. The Future Land Use Map of the Comprehensive Plan designated the Binning East pamel "Medium High Density Residential" consistent with the existing Miami-Dade County Comprehensive Plan. On July 13, 1999 the City Commission approved the City of Aventura Land Development Regulations (LDRs). The adopted zoning map contained in the LDRs designated a zoning of RMF3 (Multi-Family High Density Residential) for the parcel. In the process of developing the LDRs, the landowners informed the City that the East parcel was not a separate lot, but a portion of the total Pan American factory site. As such, prior Miami-Dade County approvals may have vested development rights inconsistent with the RMF3 zoning. In addition, the location of the East parcel, adjacent to an electrical substation, may be incompatible with residential development. As a result, the City agreed to approve a zoning change to B2, the same as the remainder of the Binning factory site. The rezoning was conditioned upon the acceptance of a comprehensive plan amendment. 2 ANALYSIS Future Land Use Designation Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Zoning Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Medium High Density Residential Medium High Density Residential Medium High Density Residential Medium High Density Residential Business and Office RMF3 RMF3 RMF4 U B2 Multi-Family Medium Density Residential District Multi-Family Medium Density Residential District Multi-Family High Density Residential District Utilities District Community Business District Existing Land Use - Subject property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Vacant Residential (Under Development) Residential Utility (Electric Power Substation) Industrial Access - Access to the site is from NE 185 Street. No access easements are required. Conformity to City Comprehensive Plan - The amendment is consistent with the City's Comprehensive Plan. The amendment will not result in impacts on any infrastructure system that will exceed established Level of Service standards. Conformity to City Land Development Regulations - The site is compatible with the lot and siting requirements of the B2 zoning district. The future extension of Miami Gardens Drive will divide that portion of the Binnings site to the west of NE 28 Court into two sites, one north and the other south of the new road. A zoning designation of B2 on the Binnings East site will facilitate a possible vacation of NE 28~h Court south of NE 185 Street and the creation of a single developable site south of the new Miami Gardens Drive extension. 3 Coastal High Hazard Location -The location of this site is not in a designated coastal high hazard area. RECOMMENDATION It is recommended that the City Commission: 1) approve a Comprehensive Plan amendment to change the land use designation of a 1.66 acre site at the southeast corner of NE 28 Court and NE 185 Street (the "Binning East" site) from Medium High Density Residential to Business and Office; and 2) approve the transmittal of the amendment to the Florida Department of Community Affairs. 4 LEGEND ~nt) EXHIBIT #2 01b-CPA-99 (Small Scale Amendment) ORDINANCE NO. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENS~EMASTER PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR THE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF NE 28 COURT AND NE 185 STREET FROM MEDIUM HIGH DENSITY RESlDENT~L TO BUSINESS AND OFFICE; AND PROVIDING FOR AN EFFECT~E DATE. WHEREAS, the Department of Community Affairs of the State of Flodda 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 properbj Medium High Density Residential, consistent with the existing Miami-Dede County Comprehensive Plan; and WHEREAS, the City Commission adopted th~ City's Land Development R~Julations (the "LDRs") in July 1999; and WHEREAS, in the process of developing the LDRs, it was determined that the zoning was inconsistent with the land use designation on the prope~y; and WHEREAS, the City Commission agreed to approve a business zoning designation on the subject property, conditioned upon the acceptance of a Plan amendment; and WHEREAS, the Plan amendment wilt 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 Ordinance No. Page 2 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 Medium High Density Residential to Business and Office; 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 DesiRnafion. The future land use map designation of the property legally described as: Beginning 90.17 feet East of the Northwest % of the East % of the Southeast % of the SW % of Section 3, Township 52 South, Range 42 East, thence South along the East right-of-way line of NE 28 Court 361.33 feet, thence East 200.28 feet, thence North 361.18 feet, thence West 200.28 feet to the Point of Beginning. A/Ida Binnings East site Southeast corner of NE 28 Court and NE 185 Street is changed from Medium High Density Residential to Business and Office. 2 Ordinance No. Page 3 Sec'don 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. Transmittal. The City Clerk is directed to transmit the amendment to the State of Florida Department of Community Affaim. Section 5. Effective Date. This Ordinance shall be effective pumuant to Chapter 163 of the Florida Statutes. The foregoing Ordinance was offered by Commissioner who moved its adoption. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Harry Holzberg Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Vice Mayor Arthur Berger Mayor Arthur I. Snyder PASSED AND ADOPTED on this 1~t day of February, 2000. ARTHURI. SNYDER, MAYOR 3 Ordinance No. Page 4 ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY A'CI'ORNEY 4 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Commission Eric M. Soreka, ~..j~f ~lr Brenda Kelley, b~Om~evelopment January 14, 2000 Direct~-~ Petition of City of Aventura Community Development Department to approve a Comprehensive Plan amendment to change the land use designation of a parcel at 2890 NE 187 Street ("High Lift Marine") from Medium High Density Residential to Town Center. (01c-CPA-99) (Small Scale) February 1, 2000 Local Planning Agency Agenda Item '~ February 1, 2000 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission: 1) approve a Comprehensive Plan amendment to change the land use designation of a 1.99 acre site at 2890 NE 187 (the "High Lift Marine" site) from Medium High Density Residential to Town Center; and 2) approve the transmittal of the amendment to the Florida Department of Community Affairs. THE REQUEST The Applicant, the City of Aventura Community Development Department, is requesting a Comprehensive Plan amendment to change the land use designation of a 1.99 acre site at 2890 NE 187 to facilitate a rezoning from RMF3 (Multi-Family Medium Density Residential District) to TC2 (Town Center Marine District). SITE DATA OWNER OF PROPERTY NAME OF APPLICANT LEGAL DESCRIPTION LOCATION OF PROPERTY SIZE OF PROPERTY Big E Marine Properties, Inc. City of Aventura Department of Community Development Beginning 180.25 feet North and 70 feet East of the Northeast corner of the Northwest ¼ of the Southeast ¼ of the Southwest % of Section 3, Township 52 South, Range 42 East, Miami- Dade County Florida, thence South along the East right-of-way line of NE 29 Avenue 49.74 feet to the Point of Beginning, thence in a Southwesterly am a distance of 314.90 feet West along the South right-of-way of NE 187 Street 142.58 feet South 188.64 feet to the point of commencement of a curve thence Southeasterly along an arc 23.60 feet to point of commencement of a reverse curve thence along an arc 37.50 feet thence East 297.03 feet thence North 216.10 feet East atong the North bank of the canal 20 feet North 225.41 feet to the Point of Beginning. 2890 NE 187 Street (Location map is attached as Exhibit #1 and an aerial photograph is attached as Exhibit #2) Approximately 86,684 square feet (1.99 acres) DESCRIPTION/BACKGROUND This parcel contains the High-Lift Marine light industrial site and the Aventura's Finest Hand Car Wash. On December 15, 1998 the Aventura City Commission approved the City of Aventura Comprehensive Plan. The Future Land Use Map of the Comprehensive Plan designated the site "Medium High Density Residential" consistent with the existing Miami-Dade County Comprehensive Plan. On July 13, 1999 the City Commission approved the City of Aventura Land Development Regulations (LDRs). The adopted zoning map contained in the LDRs designated a zoning of RMF3 (Multi-Family Medium Density Residential) for the parcel. In the process of developing the LDRs, the City added a second Town Center district, the "Town Center Marine District". This new district was intended to facilitate the redevelopment of the "Thunderboat Row" district while not preventing the continued operation of marine-related light industrial activities generating few if any off-site nuisances. As a result, the City agreed to approve a 2 zoning change on the High Lift Marine site to TC2, the most compatible zoning designation for the site and surrounding parcels. The rezoning was conditioned upon the acceptance of a comprehensive plan amendment, ANALYSIS Future Land Use Designation Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Zoning Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Medium High Density Residential Town Center Medium High Density Residential Town Center and Medium High Density Residential Business and Office RMF3 TC1 RMF3 TC2 B2 Multi-Family Medium Density Residential District Town Center District Multi-Family High Medium Residential District Town Center Marine District Community Business District Existing Land Use - Subject property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Marine Light Industrial Retail Residential Marine Light Industrial Retail Access -Access to the site is from NE 187 Street. No access easements are required. Conformity to City Comprehensive Plan - The amendment is consistent with the City's Comprehensive Plan. The amendment will not result in impacts on any infrastructure system that will exceed established Level of Service standards. Conformity to City Land Development Regulations - The site is compatible with the lot and siting requirements of the TC2 zoning district. Coastal High Hazard Location - The location of this site is not in a designated coastal high hazard area. 3 RECOMMENDATION it is recommended that the City Commission: 1) approve a Comprehensive Plan amendment to change the land use designation of a 1.99 acre site at 2890 NE 187 (the "High Lift Marine" site) from Medium High Density Residential to Town Center; and 2) approve the transmittal of the amendment to the Florida Department of Community Affairs. 4 LEGEND 0 SITE EXHIBIT #2 01c-CPA-99 ;mall Scale Amendmenl ORDINANCE NO. AN ORDINANCE OF THE CiTY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR THE PROPERTY LOCATED AT 2890 NE 187 STREET FROM MEDIUM HIGH DENSITY RESIDENTIAL TO TOWN CENTER; 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 Medium High Density Residential, consistent with the existing Miami-Dade County Comprehensive Plan; and WHEREAS, the City Commission adopted the City's Land Development Regulations (the 'LDRs") in July 1999; and WHEREAS, in the process of developing the LDRs, it was determined that the zoning was inconsistent with the land use designation on the property; and WHEREAS, the City Commission agreed to approve a town center zoning designation on the subject property, conditioned upon the acceptance of a Plan amendment; and Ordinance No. Page 2 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 Medium High Density Residential to Town Center; 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 preperty 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 DesiRnafion. The future land use map designation of the property legally described as: Beginning 180.25 feet North and 70 feet East of the No[theast corner of the Northwest % of the Southeast % of the Southwest % of Section 3, Township 52 South, Range 42 East, Miami-Dade County, Florida, thence South along the East right-of-way line of NE 29 Avenue 49.74 feet to the Point of Beginning, thence in a Southwesterly arc a distance of 314.90 feet West along the South right-of-way of NE 187 Street 142.58 feet South 188.64 feet to the point of commencement of a curve thence southeasterly along an arc 23.60 feet to point of commencement of a reverse curve thence along an arc 37.50 feet thence East 2 Ordinance No. Page 3 297.03 feet thence North 216.10 feet East along the North bank of the canal 20 feet North 225.41 feet to the Point of Beginning. A/Ida 2890 NE 187 Street is changed from Medium High Density Residential to Town Center. 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. Section4. Transmittal. The City Clerk is directed to transmit the amendment to the State of Florida Department of Community Affairs. Section $. Effective Date. This Ordinance shall be effective pursuant to Chapter 163 of the Florida Statutes. who The foregoing Ordinance was offered by Commissioner moved its adoption. This motion was seconded by and upon being put to a vote, the vote was as follows: Commissioner 3 Ordinance No. Page 4 Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Harry Holzberg Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Vice Mayor Arthur Berger Mayor Arthur I. Snyder PASSED AND ADOPTED on this 1= day of February, 2000. ARTHURI. SNYDER, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY 4 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Commission /~ Eric M. S o r o k a~i~y~a tr Brenda Kelley,'Com~evelopment Janua~' 14, 2000 Direc,~ Petition of City of Aventura Community Development Department to approve a Comprehensive Plan amendment to change the land use designation of a parcel at the northeast corner of NE 213 Street and theoretical NE 32 Avenue ("Gulfstream Southeast") from Medium Density Residential to Business and Office. (01d-CPA-99) (Small Scale) February 1, 2000 Local Planning Agency Agenda Item '3 February 1, 2000 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission: 1) approve a Comprehensive Plan amendment to change the land use designation of a 9.49 acre site at the northeast corner of NE 213 Street and theoretical NE 32 Avenue (the "Gulfstream Southeast" site) from Medium Density Residential to Business and Office; and 2) approve the transmittal of the amendment to the Florida Department of Community Affairs. THE REQUEST The Applicant, the City of Aventura Community Development Department, is requesting a Comprehensive Plan amendment to change the land use designation of a 9.49 acre site at the nor[heast corner of NE 213 Street and theoretical NE 32 Avenue to facilitate a rezoning from RS2 (Residential Single Family District) to MO (Medical Office District). SITE DATA OWNER OF PROPERTY Exotic Gardens, Inc. c/o Gulfstream Park Racing Association Inc. NAME OF APPLICANT City of Aventura Department of Community Development LEGAL DESCRIPTION A portion of Section 34, Township 51 South, Range 42 East, Miami-Dade County as described in Dorm Acres subdivision, Plat Book 76, Page 30, Public Records of Miami-Dade as the North 659.41 feet of Tract B less the following: Beginning 541.55 feet South of the Northeast corner of Section 34 thence South 01 degrees East 0.49 feet thence South 88 degrees West 620 feet thence North 88 degrees East 431 feet Northeasterly an additional 216.43 feet thence North 50 degrees East 31.83 feet to Point of Beginning for the right-of-way. LOCATION OF PROPERTY North of NE 213 Street, South of the Broward County Line, East of theoretical NE 32 Avenue and West of NE 34 Avenue. SIZE OFPROPERTY Approximately 9.49 acres. DESCRIPTION/BACKGROUND Only the southernmost portion of the Gulfstream Park raceway extends into Miami- Dade County and the City of Aventura. This land is located between the Broward County line, NE 213 Street, Biscayne Boulevard and NE 34 Avenue. This land, immediately south of Gu[fstream's parking lot, is now vacant. This application concerns only the east half of this land. On December 15, 1998 the Aventura City Commission approved the City of Aventura Comprehensive Plan. The Future Land Use Map of the Comprehensive Plan designated the site "Medium Density Residential" consistent with the existing Miami- Dade County Comprehensive Plan. On July 13, 1999 the City Commission approved the City of Aventura Land Development Regulations (LDRs). The adopted zoning map contained in the draft LDRs designated a zoning of RS2 (Residential Single Family District) for the pamel. The landowners objected to this zoning, maintaining that a single family residential use was incompatible with the adjacent community business uses proposed to the west of the site and that the parcel is subject to lighting, noise and odor nuisances from the operation of the Gulfstream race track and stables. City staff agreed 2 that an office use would be preferable given the limitations of the site and agreed to change the zoning of the parcel to MO (Medical Office District) contingent upon a Comprehensive Plan amendment. ANALYSIS Future Land Use Designation Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Zoning Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Medium Density Residential Business (City of Hallandale Comprehensive Plan) Medium High Density Residential; and Parks and Recreation Medium Density Residential Business and Office RS2 CRA RS2 CNS RMF3 RCS B2 Residential Single Family District Commemial Recreation Active (City ef Hallandale zoning) Residential Single Family District; and Conservation District Multi-Family Medium Density Residential; and Recreation Open Space District Community Business District Existing Land Use - Subject property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Vacant Gulfstream Park Residential and vacant wetlands Residential and water Vacant Access -Access to the site is from NE 213 Street. No access easements are required. Conformity to City Comprehensive Plan - The amendment is consistent with the City's Comprehensive Plan. The amendment will not result in impacts on any infrastructure system that will exceed established Level of Service standards. Conformity to City Land Development Regulations - The site is compatible with the lot and siting requirements of the MO, Medical Office District. 3 Coastal High Hazard Location -The location of this site is not in a designated coastal high hazard area. RECOMMENDATION It is recommended that the City Commission: 1) approve a Comprehensive Plan amendment to change the land use designation of a 9.49 acre site at the northeast corner of NE 213 Street and theoretical NE 32 Avenue (the "Gulfstream Southeast" site) from Medium Density Residential to Business and Office; and 2) approve the transmittal of the amendment to the Florida Department of Community Affairs. 4 LEGEND SITE Small EXHIBIT #2 01d-CPA-99 ;cale Amen¢ ORDINANCE NO. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA. AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR THE PROPERTY LOCATED AT THE NORTHEAST CORNER OF NE 213 STREET AND THEORETICAL NE 32 AVENUE FROM MEDIUM DENSITY RESIDENTIAL TO BUSINESS AND OFFICE; 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 preperty Medium Density Residential, consistent with the existing Miami-Dade County Comprehensive Plan; and WHEREAS, the City Commission adopted the City's Land Development Regulations (the ~LDRs") in July 1999; and WHEREAS, in the process of developing the LDRs, it was determined that the zoning was inconsistent wffh the land use designation on the property; and WHEREAS, the City Commission agreed to approve medical office 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 Ordinance No. Page 2 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 Medium Density Residential to Business and Office; 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 physica{ appearance of the community and preserve the natural beauty of the City. Section 2. Amendment of Future Land Use Map Designation. The future land use map designation of the property legally described as: A portion of Section 34, Township 51 South, Range 42 East, Miami-Dade County as described in Donn Acres subdivision, Plat Book 76, Page 30, Public Records of Miami-Dade as the North 659.41 feet of Tract B less the following: Beginning 541.55 feet South of the Northeast corner of Section 34 thence South 01 degrees East 0.49 feet thence South 88 degrees West 620 feet thence North 88 degrees East 431 feet Northeasterly an additional 216.43 feet thence North 50 degrees East 31.83 feet to Point of Beginning for the right-of-way. a/Ida Gulfstream Park Southeast site North of NE 213 Street, south of the Broward County line, east of theoretical NE 32 Avenue and west of NE 34 Avenue 2 Ordinance No. Page 3 is changed from Medium Density Residential to Business and Office. 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. Transmittal. The City Clerk is directed to transmit the amendment to the State of Florida Department of Community Affairs. Section $. Effective Date. This Ordinance shall be effective pursuant to Chapter 163 of the Florida Statutes. The foregoing Ordinance was offered by Commissioner who moved its adoption, This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Harry Holzberg Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Vice Mayor Arthur Berger Mayor Arthur I. Snyder 3 Ordinance No. Page 4 PASSED AND ADOPTED on this 1st day of February, 2000. ARTHURI. SNYDER, M AYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY 4 CITY OF AVENTURA COMMUNITY DEVELOPMENTDEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Commission,~ Eric M. So ro k~,t y~"1 Brenda Kelle~ Com~ January 14, 2000 3evelopment Direct~' Petition of City of Aventura Community Development Department to approve a Comprehensive Plan amendment to change the land use designation of three contiguous parcels along the east frontage of Biscayne Boulevard between NE 187 Street and NE 191 Street from Town Center to Business and Office (01e-CPA-99) (Small Scale) February 1, 2000 Local Planning Agency Agenda Item ~ February 1, 2000 City Commission Meeting Agenda item RECOMMENDATION It is recommended that the City Commission: 1) approve a Comprehensive Plan amendment to change the land use designation of a 1.12 acre site at the southeast corner of Biscayne Boulevard and NE 191 Street (the "Wash Depot" site) from Town Center to Business and Office; 2) approve a Comprehensive Plan amendment to change the land use designation of a 2.44 acre site also at the southeast corner of Biscayne Boulevard and NE 191 Street (the "Bagel Cove Shopping Center" site) from Town Center to Business and Office; 3) approve a Comprehensive Plan amendment to change the land use designation of an approximately 3.86 acre site comprising the westerly 200 feet of the Loehmann's Plaza shopping center along Biscayne Boulevard between the Bagel Cove Shopping Center on the north and NE 187 Street on the south from Town Center to Business and Office; and 4) approve the transmittal of the amendment to the Florida Department of Community Affairs. THE REQUEST The Applicant, the City of Aventura Community Development Department, is requesting a Comprehensive Plan amendment to change the land use designation of three contiguous parcels along the east ffontage of Biscayne Boulevard between NE 187 Street and NE 191 Street from Town Center to Business and Office. SITE DATA OWNERS OF PROPERTY NAME OF APPLICANT LEGAL DESCRIPTION Wash Depot II, Inc.; Virginia and Greggory Pappas, Trustees and James Pappas, Trustee; the Prudential Insurance Company of America. City of Aventura Department of Community Development Wash Depot I1: Beginning 250.15 feet West of the Northeast corner of the North % of the Northeast ¼ of the Northwest ¼ of the Southwest ¼ of Section 3, Township 52 South, Range 42 East, Miami-Dade County, continuing West to State Road 5 right-of-way line thence South 210 feet, thence East 295 feet more or less, thence North 210 feet to the Point of Beginning, less the North 35 and less the West 16 and less the extent of an area of curve in the Northwest corner, all for right-of- way. Bagel Cove Shopping Center: Beginning 100 feet West and 250 feet South of the Northeast corner of the Northeast ¼ of the Northwest ¼ of the Southwest ¼ of Section 3, Township 52 South, Range 42 East, Miami-Dade County, thence West 75 feet, thence South 10 feet, thence West 295 feet more or less, thence South 250 feet, thence East 455.85 feet, thence North 211.77 feet to the Point of Beginning less the West 15.90 feet for right-of- way. Loehmann's Plaza: A portion of Section 3, Township 52 South, Range 42 East, Miami- Dade County as described in Regina Square subdivision, Plat Book 113, Page 27, Public Records of Miami-Dade as a portion of Tract A described as beginning 223.65 feet east of the Northwest corner of Tract A, thence South 348.36 feet. thence East 334.26 feet, thence 2 LOCATION OF PROPERTY SIZE OF PROPERTY DESCRIPTION/BACKGROUND North 149.50 feet thence West 283.39 feet, thence North 198.74 feet to the Point of Beginning and Tract B less that portion described as beginning at the intersection of the section line of the Northeast ¼ of the Northwest 1/4 of the Southwest ¼ and the East right-of-way line of US-I, thence North '138.25 feet thence East 187.46 feet. The east frontage of Biscayne Boulevard to a depth of approximately 200 feet from NE 191 Street on the north to NE 187 Street on the south. Approximately 7.42 acres. On December 15, 1998 the Aventura City Commission approved the City of Aventura Comprehensive Plan. The Future Land Use Map of the Comprehensive Plan designated the site "Town Center". On July 13, 1999 the City Commission approved the City of Aventura Land Development Regulations (LDRs). The adopted zoning map contained in the draft LDRs designated a zoning of TC1 (Town Center District) for the Wash Depot II and Bagel Cove Shopping Center properties. The Biscayne Boulevard frontage of Loehmann's Plaza received a zoning designation of B3 (Heavy Business District). The landowners for the Wash Depot II and Bagel Cove Shopping Center objected to this zoning, maintaining that it was incompatible with existing Miami-Dade County and City of Aventura development approvals. City staff agreed that traffic and design considerations limited the use of these two sites for mixed residential/commercial development. As a result, the City agreed to approve a zoning change to B2, the most compatible zoning designation for the two parcels, contingent upon the approval of a comprehensive plan amendment to change the land use designation of the site from Town Center to Business and Office. The land along the Biscayne Boulevard frontage of Loehmann's Plaza had been proposed for a B3 zoning designation in the first draft of the LDRs. The City's B3 designation was consistent with the County's eadier BU-3 zoning designation at this location. However, during the process of finalizing and adopting the LDRs, allowable uses in the B3 district were expanded to include several intensive commercial activities, particularly those associated with automobile sales and service. Although consistent with the previous Miami-Dade County BU-3 zoning, such uses are not compatible with the concept of the Town Center district presented in the Comprehensive Plan. Therefore, City Staff recommended that the Comprehensive Plan designation for the B3 zoned area of the Loehemann's Plaza shopping center be changed to Business and Office. 3 ANALYSIS Future Land Use Designation Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Zoning Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Town Center Business and Office Business and Office Medium Density Residential Industrial and Office (Miami-Dade County Plan) TC1 B3 B2 B2 TC1 U Town Center District, and Heavy Commercial Community Business District Community Business District Town center District Utilities District Existing Land Use - Subject property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Retail and automotive-related retail Retail Retail Retail Biscayne Boulevard and FEC Railroad Access - Access to the site is from Biscayne Boulevard, NE 191 Street and NE 187Street. No access easements am required. Conformity to City Comprehensive Plan - The amendment is consistent with the City's Comprehensive Plan. The amendment will not result in impacts on any infrastructure system that will exceed established Level of Service standards. Conformity to City Land Development Regulations - The sites are compatible with the lot and siting requirements of the B2 and B3 districts. Coastal High Hazard Location - The location of this site is not in a designated coastal high hazard area. 4 RECOMMENDATION It is recommended that the City Commission: 1) approve a Comprehensive Plan amendment to change to the land use designation of a 1.12 acre site at the southeast corner of Biscayne Boulevard and NE 191 Street (the "Wash Depot" site) from Town Center to Business and Office; 2) approve a Comprehensive Plan amendment to change to the land use designation of a 2.44 acre site also at the southeast corner of Biscayne Boulevard and NE 191 Street (the "Bagel Cove Shopping Center" site) from Town Center to Business and Office; 3) approve a Comprehensive Plan amendment to change to the land use designation of an approximately 3.86 acre site comprising the westerly 200 feet of the Loehmann's Plaza shopping center along Biscayne Boulevard between the Bagel Cove Shopping Center on the north and NE 187 Street on the south from Town Center to Business and Office; and 4) approve the transmittal of the amendment to the Florida Department of Community Affairs. 5 SITE EXHIBIT #2 01e-CPA-99 (Small Scale Amendment) ORDINANCE NO. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR THE THREE CONTIGUOUS PROPERTIES LOCATED ALONG THE EAST FRONTAGE OF BISCAYNE BOULEVARD BE'DWEEN NE 187 STREET AND NE '191 STREET FROM TOWN CENTER TO BUSINESS AND OFFICE; AND PROVIDING FOR AN EFFECTIVE DATE. WI-IEREAS, the Department of Community Affairs of the State of Flodda found in compliance the City of Aventura Comprehensive Plan (the "Plan") in February 1999; and WI-JEREAS, the Future Land Use Map of the Plan designated the subject properties Town Center; and WHEREAS, the City Commission adopted the City's Land Development Regulations (the "LDRs") in July 1999; and WHEREAS, in the process of developing the LDRs, it was determined that the zoning was inconsistent with the land use designation on the properties; and WHEREAS, the City Commission agreed to approve business zoning designations on the subject properties, cenditioned 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 Ordinance No. Page 2 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 properties from Town Center to Business and Office; 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 Desiqnaflon. The future land use map designation of the properties legally described as: Wash Depot Il: Beginning 250.15 feet West of the Northeast corner of the North % of the Northeast % of the Northwest % of the Southwest % of Section 3, Township 52 South, Range 42 East, Miami-Dade County, continuing West to State Road 5 right-of-way line thence South 210 feet, thence East 295 feet more or less, thence North 210 feet to the Point of Beginning, less the North 35 and less the West 16 and less the extent of an area of curve in the Northwest corner, all for right-of-way. a/ida 19055 Biscayne Boulevard Bagel Cove Shopping Center: Beginning 100 feet West and 250 feet South of the Northeast corner of the Northeast % of the Northwest % of the Southwest % of Section 3, Township 52 South, Range 42 East, Miami-Dade County, thence West 75 feet, thence 2 Ordinance No. Page 3 South 10 feet, thence West 295 feet more or less, thence South 250 feet, thence East 455.85 feet, thence No~th 211.77 feet to the Point of Beginning less the West 15.90 feet for right-of-way. a/ida The Cove 18955-19023 Biscayne Boulevard Loehmann's Plaza: A portion of Section 3, Township 52 South, Range 42 East, Miami-Dade County as described in Regina Square subdivision, Plat Book 113, Page 27, Public Records of Miami-Dade as a portion of Tract A described as beginning 223.65 feet east of the Northwest corner of Tract A, thence South 348.36 feet. thence East 334.26 feet, thence North 149.50 feet thence West 283.39 feet, thence North 198.74 feet to the Point of Beginning and Tract B less that portion described as beginning at the intersection of the section line of the Northeast % of the Northwest 1/4 of the Southwest % and the East right-of-way line of US~l, thence North 138.25 feet thence East 187.46 feet. a/Ida 2711 NE 187 Street and 18741 Biscayne Boulevard ara changed from Town Center to Business and Office. Section 3. Severabili~. 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. Transmittal. The City Clerk is directed to transmit the amendment to the State of Florida Department of Community Affairs. 3 Ordinance No. Page 4 Section 5. Effective Date. Chapter 163 of the Florida Statutes. This Ordinance shall be effective pursuant to The foregoing Ordinance was offered by Commissioner who moved its adoption. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Harry Holzberg Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Vice Mayor Arthur Berger Mayor Arthur I. Snyder PASSED AND ADOPTED on this 1= day of February, 2000. A']-rEST: ARTHURI. SNYDER, MAYOR TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY 4 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Commission Eric M. Soreka, ~.M(,~ Brenda Kelley, Comm'u~.~ January 14, 2000 ~velopment Direct~¢//~ Petition of City of Aventura Community Development Department to approve a Comprehensive Plan amendment to delete the designation of Ives Dairy Road (NE 203 Street) from Biscayne Boulevard to NE 30 Avenue as a Limited Access Highway on the Future Functional Classification and Number of Lanes Map (Map 2-5) of the Transportation Element. (01f-CPA-99) February 1, 2000 Local Planning Agency Agenda Item '~ February 1, 2000 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission: 1) approve a Comprehensive Plan amendment to delete the designation of Ives Dairy Road (NE 203 Street) from Biscayne Boulevard to NE 30 Avenue as a Limited Access Highway on the Future Functional Classification and Number of Lanes Map (Map 2-5) of the Transportation Element; and 2) approval the transmittal of the amendment to the Florida Department of Community Affairs. THE REQUEST The Applicant, the City of Aventura Community Development Department, is requesting a Comprehensive Plan amendment to delete the designation of Ives Dairy Road (NE 203 Street) from Biscayne Boulevard to NE 30 Avenue as a Limited Access Highway on the Future Functional Classification and Number of Lanes Map (Map 2-5) of the Transportation Element. The inclusion of this designation in the existing Transportation SITE DATA OWNERS OF PROPERTY The City of Aventura NAME OF APPLICANT City of Aventura Department of Community Development LEGAL DESCRIPTION None. LOCATION OF PROPERTY The right-of-way of NE 203 Street from the Biscayne Boulevard right-of-way on the west to the right-of-way of NE 30 Avenue on the east. (See Exhibit #1 for Location Map and Exhibit #2 for Aerial Photo) SIZE OFPROPERTY Approximately 4.2 acres. DESCRIPTION/BACKGROUND On December 15, 1998 the Aventura City Commission approved the City of Aventura Comprehensive Plan. The Future Functional Classification and Number of Lanes Map (Map 2-5) of the Comprehensive Plan's Transportation Element designated Ives Dairy Road (NE 203 Street) from Biscayne Boulevard to NE 30 Avenue as a Limited Access Highway. (See existing Map 2-5 attached as Exhibit #3) Subsection 334.03(13), Florida Statutes, defines a "limited access facility" as "a street or highway especially designed for through traffic, and over, from, or to which owners or occupants of abutting land or other persons have no right or easement of access, light, air or view by reason of the fact that their property abuts upon said limited access facility or for any other reason." This designation was a scrivener's error. Ives Dairy Road at this location is not a State highway and does not have the necessary design features to permit such a designation. The Florida Department of Transportation has no plans to assume responsibility for the roadway, or to improve the roadway east of the present Ives Dairy Road/Biscayne Boulevard interchange construction project during the 20-year planning horizon of the Comprehensive Plan. The roadway is anticipated to remain a local collector with four undivided lanes. ANALYSIS Future Land Use Designation Subject Property: Properties to the North: Properties to the South: None Business and Office Business and Office and Medium-High Density Residential 2 Properties to the East: Medium-High Density Residential Properties to the West: Business and Office Zoning Subject Proper[y: Properties to the North: Properties to the South: Properties to the East: Properties to the West: B2 CF B2 RMF3 RMF3 U None Community Business District, and Community Facilities District Community Business District, and Multi-Family Medium Density Residential Multi-Family Medium Density Residential Utilities District Existing Land Use - Subject property: Properties to the North: Properiies to the South: Properties to the East: Properties to the West: Roadway right-of-way Retail and house of worship Residential Residential Biscayne Boulevard and FEC Railroad Access - Not applicable. Conformity to City Comprehensive Plan - The amendment is consistent with the City's Comprehensive Plan. The amendment will not result in impacts on any infrastructure system that will exceed established Level of Service standards. Conformity to City Land Development Regulations - The change in designation will result in no new zoning non-conformities. Coastal High Hazard Location -The location of this site is not in a designated coastal high hazard area. RECOMMENDATION It is recommended that the City Commission: 1) approve a Comprehensive Plan amendment to delete the designation of Ives Dairy Road (NE 203 Street) from Biscayne Boulevard to NE 30 Avenue as a Limited Access Highway on the Future Functional Classification and Number of Lanes Map (Map 2-5) of the Transportation Element; and 2) approval the transmittal of the amendment to the Florida Department of Community Affairs. 3 6tD i t ~uture Number of lanes · ~ EXHIBIT #2 ~ 01f-C Map 2-5: City of Aventura Future FunctionaJ Classification & Number of lanes - 20!5 LEG[ND ORDINANCE NO. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE FUNCTIONAL CLASSIFICATION AND NUMBER OF LANES MAP FOR NE 203 STREET FROM BISCAYNE BOULEVARD TO NE 29TM AVENUE BY DELETING ITS CLASSIFICATION AS A LIMITED ACCESS HIGHWAY; 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 Functional Classification and Number of Lanes Map of the Plan designated NE 203 Street from Biscayne Boulevard to NE 29th Avenue as a Limi~=d Access Highway; and WHEREAS, this designation was a scrivener's error; and WHEREAS, the City Commission wishes to amend the Future Functional Classification and Number of Lanes Map for NE 203 Street from Biscayne Boulevard to NE 29t~ Avenue by deleting its classification as a limited access highway; and WHEREAS, the Plan amendment will not result in impacts on any infrastructure system that will exceed established level of service standards; and WHEREAS, the City Commission finds that this amendment is otherwise consistent with the goals, objectives and policies of the Plan of the City of Aventura. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Ordinance No. Page 2 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 Comprehensive Plan. The Future Functional Classification and Number of Lanes Map for NE 203 Street from Biscayne Boulevard to NE 29th Avenue is hereby amended by deleting its classification as a limited access highway. 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. Transmittal. The City Clerk is directed to transmit the amendment to the State of Florida Depa, b~ent of Community Affaim. Section 5. Effective Date. This Ordinance shall be effective pursuant to Chapter '163 of the Florida Statutes. 2 Ordinance No. Page 3 The foregoing Ordinance was offered by Commissioner who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Harry Holzberg Commissioner Jeffrey M Perlow Commissioner Patricia Rogers-Libert Vice Mayor Arthur Berger Mayor Arthur I. Snyder The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Harry Holzberg Commissioner Jeffrey M Perlow Commissioner Patricia Rogers-Libert Vice Mayor Arthur Berger Mayor Arthur I. Snyder PASSED AND ADOPTED on first reading this 1~t day of February, 2000. PASSED AND ADOPTED on second reading this __ day of ,2000. ARTHUR I. SNYDER, MAYOR 3 Ordinance No. Page 4 ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY 4 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Commission/~ Brenda Kelley, Co~velopment Directb~Y~ January 14, 2000 Petition of City of Aventura Community Development Department to approve a Comprehensive Plan amendment to change the land use designation of the Turnberry Resort and Country Club site from Parks and Recreation to Business and Qffice. (0'Ig-CPA-99) (Regular Amendment) February l, 2000 Local Planning Agency Agenda Item ~ February 1, 2000 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission: 1) approve a Comprehensive Plan amendment to change the land use designation of the Turnberry Resort and Country Club site from Parks and Recreation to Business and Office; and 2) approve the transmittal of the amendment to the Florida Department of Community Affairs. THE REQUEST The Applicant, the City of Aventura Community Development Department, is requesting a Comprehensive Plan amendment to change the land use designation of the Turnberry Resort and Country Club site from Parks and Recreation to Business and Office to bring the site's current zoning classification of B2 (Community Business District) into conformity with the Comprehensive Plan. SITE DATA OWNER OF PROPERTY NAME OF APPLICANT LEGAL DESCRIPTION LOCATION OF PROPERTY SIZE OF PROPERTY DESCRIPTION/BACKGROUND Turnberry Isle Resort and Club City of Aventura Department of Community Development Aventura 10~h Addition, Tract B10, Plat Book 136 Page 92; and, Aventura 10th Addition, Tract U, Plat Book 99 Page20. 19999 West Country Club Drive (See Exhibit #1 for Location Map) 15.44 acres On December 15, 1998 the Aventura City Commission approved the City of Aventura Comprehensive Plan. The Future Land Use Map of the Comprehensive Plan designated the Turnberry Golf Course Parks and recreation, in conformance with existing Miami-Dade County plan designation. On July 13, 1999 the City Commission approved the City of Aventura Land Development Regulations (LDRs). The adopted zoning map contained in the LDRs designated a zoning of ROS (Recreation Open Space) for the golf course and B2 (Community Business District). After the adoption of the LDRs City Staff determined that the resort's B2 zoning designation was not consistent with the Recreation and Open Space plan designation. Because the B2 zoning designation is consistent with the site's present use, Staff recommended that the City change the plan designation to Business and Office to bring the Comprehensive Plan and LDRs into conformity. 2 ANALYSIS Future Land Use Designation Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Parks and Recreation Parks and Recreation Parks and Recreation Parks and Recreation Business and Office Zoning Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: B2 ROS ROS ROS B2 Community Business District Recreation Open Space Recreation Open Space Recreation Open Space Community Business District Existing Land Use - Subject property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Hotel, resort and country club Golf course Golf course Golf course Retail and Office Access - Access to the site is from West Country Club Drive. Access will not be affected by the amendment. Conformity to City Comprehensive Plan - The amendment is consistent with the City's Comprehensive Plan. The amendment will not result in impacts on any infrastructure system that will exceed established Level of Service standards. Conformity to City Land Development Regulations - The change in designation will result in no new zoning non-conformities. Coastal High Hazard Location - The location of this site is not in a designated coastal high hazard area. RECOMMENDATION It is recommended that the City Commission: 1) approve a Comprehensive Plan amendment to change the land use designation of the Turnberry Resort and Country Club site from Parks and Recreation to Business and Office; and 2) approve the transmittal of the amendment to the Florida Department of Community Affairs. 3 33180 ' 33' HIBIT , 01g-CPA-99 (Regular Amendment) LEGEND S EXHIBIT #2 01g-CPA-99 ular Amendment) ORDINANCE NO. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR THE TURNBERRY ISLE RESORT AND COUNTRY CLUB, LOCATED AT 19999 WEST COUNTRY CLUB DRIVE FROM PARKS AND RECREATION TO BUSINESS AND OFFICE; 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 Comprehensive Plan designated the subject property Parks and Recreation, consistent with the existing Miami-Dade County Comprehensive Plan; and WHEREAS, the City Commission adopted the City's Land Development R~julations (the "LDRs") in July 1999; and WHEREAS, in the process of developing the LDRs, it was determined that the zoning was inconsistent with the land use designation on the properties; 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 properties from Parks and Recreation to Business and Office; 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 Ordinance No. Page 2 WHEREAS, the City Commission believes the amendment will main~in the unique aesthetic character of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMllIIISSlON 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 Mao Desic~nation. The future land use map designation of the property legally described as: Aventura 10~ Addition, Tract B10, Plat Book 136 Page 92; and, Aventura 10th Addition, Tract U, Plat Book 99 Page 20 a/ida Turnberry Isle Resort and Country Club 19999 West Country Club Drive is changed from Parks and Recreation to Business and Office. 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 2 Ordinance No. Page 3 but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Transmittal. The City Clerk is directed to transmit the amendment to the State of Florida Department of Community Affairs. Section $. Effective Date, This Ordinance shall be effective pumuant to Chapter 163 of the Florida Statutes. The foregoing Ordinance was offered by Commissioner who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Harry Holzberg Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert V~ce Mayor Arthur Berger Mayor Arthur I. Snyder who moved its Commissioner The foregoing Ordinance was offered by Commissioner adoption on second reading. This motion was seconded by and upon being putto a vote, the vote was as follows: Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Harry Holzberg Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Vice Mayor Arthur Berger Mayor Arthur I. Snyder 3 Ordinance No. Page 4 PASSED AND ADOPTED on first reading this 1~t day of February, 2000. PASSED AND ADOPTED on second reading this __ day of ,2000. ARTHUR I. SNYDER, IVlAYOR ATTEST: TERESA Mm SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY 4 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Commission Eric M. Soroka, Brenda Kelley, Com~ January 14, 2000 elopment Director¢~' Petition of City of Aventura Community Development Department to approve a Comprehensive Plan amendment to designate NE 213 Street from Biscayne Boulevard to NE 34 Avenue as a Local Urban Collector road on the Future Functional Classification and Number of Lanes Map (Map 2-5) of the Transportation Element. (01h-CPA-99). February 1, 2000 Local Planning Agency Agenda Item ~?~ ~ February 1, 2000 City Commission Meeting Agenda Item ~ ~-~ RECOMMENDATION It is recommended that the City Commission: 1) approve a Comprehensive Plan amendment to designate NE 213 Street from Biscayne Boulevard to NE 34 Avenue as a Local Urban Collector on the Future Functional Classification and Number of Lanes Map (Map 2-5) of the Transportation Element; and 2) approve the transmittal of the amendment to the Florida Department of Community Affairs. THE REQUEST The Applicant, the City of Aventura Community Development Department, is requesting a Comprehensive Plan amendment to designate NE 213 Street from Biscayne Boulevard to NE 34 Avenue as a Local Urban Collector read on the Future Functional Classification and Number of Lanes Map (Map 2-5) of the Transportation Element. The roadway had not yet been built at the time the Comprehensive Plan was adopted and its spec[ftc configuration had not been finalized. The roadway has since been completed. Its configuration and function are best described by the Local Urban Collector functional classification. SITE DATA OWNERS OF PROPERTY NAME OF APPLICANT LEGAL DESCRIPTION LOCATION OF PROPERTY SIZE OF PROPERTY City of Aventura City of Aventura Development Not applicable Existing NE 213 Street Boulevard to NE 34 Avenue. Not applicable Department of Community from Biscayne DESCRIPTION/BACKGROUND On December 15, 1998 the Aventura City Commission approved the City of Aventura Comprehensive Plan. At the time, this segment of NE 213 Street had not yet been built. Because the roadway's configuration was not finalized, it was not possible to determine if it should be classified as Local Urban Collector or Urban Collector. The construction of the roadway has recently been completed. Its configuration and function are best described by the Comprehensive Plan's Local Urban Collector functional classification. The two roadways that intersect the new NE 213 Street at its east end, NE 34 Avenue and Yacht Club Drive, are also Local Urban Collector roads. Designation as a Loca[ Urban Collector will require new developments along the road to locate driveways and install buffer areas and suppor[ing infrastructure of a design more compatible with the transportation function of collector roads than that required in the City's Land Development Regulations for local streets. ANALYSIS Future Land Use Designation Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Business and Office; Medium Density Residential; and Medium High Density Residential Business and Office; and Medium Density Residential Business and Office; Medium High Density Residential; and Parks and Recreation Medium Density Residential Business and Office 2 Zoning Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: B2 RS2 CNS B2 RS2 B2 RS2 CNS RMF3 MO Community Business District; and Residential Single Family District; and Conservation District Community Business District; and Residential Single Family District Community Business District Residential Single Family District; and Conservation District Multi-Family Medium Density Residential District MedicaI Office District Existing Land Use - Subject property: Properties to the North: Properties to the South: Proper[les to the East: Properties to the West: Road right-of-way Vacant Commercial, residential and conservation Residential Biscayne Boulevard and vacant Access - Not applicable. Conformity to City Comprehensive Plan - The amendment is consistent with the City's Comprehensive Plan. The amendment will not result in impacts on any infrastructure system that will exceed established Level of Service standards. Conformity to City Land Development Regulations - The change in designation will result in no new zoning non-conformities. Coastal High Hazard Location -The location of this site is not in a designated coastal high hazard area. RECOMMENDATION It is recommended that the City Commission: 1) approve a Comprehensive Plan amendment to designate NE 2'13 Street from Biscayne Boulevard to NE 34 Street as a future 4-lane Divided Local Urban Collector on the Future Functional Classification and Number of Lanes Map (Map 2-5) of the Comprehensive Plan's Transportation Element; and 2) approve the transmittal of the amendment to the Florida Depadment of Community Affairs. 3 6LB Mop 2.5: OiLy of Avenkurca Fur/ction~sl Clcsssificc:~io · 1 &: Number of Lanes20 5 ~llllllllllillllllllrlllll ORDINANCE NO. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY DESIGNATING NE 213 STREET FROM BISCAYNE BOULEVARD TO NE 34TM AVENUE AS A LOCAL URBAN COLLECTOR ON THE FUTURE FUNCTIONAL CLASSIFICATION AND NUMBER OF LANES MAP; 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, NE 213 Street from Biscayne Boulevard to NE 34t~ Avenue had not yet been built at the time the Plan was adopted and its specific configuration had not been finalized; and WHEREAS, the roadway has since been completed and its configuration and function are best described by the Local Urban Collector functional classification; and WHEREAS, the City Commission wishes to amend the Future Functional Classification and Number of Lanes Map by designating NE 213 Street from Biscayne Boulevard to NE 34t~ Avenue as a Local Urban Collector; and WHEREAS, the Plan amendment will not result in impacts on any infrastructure system that will exceed established level of service standards; and WHEREAS, the City Commission finds that this amendment is otherwise consistent with the goals, objectives and policies of the Plan of the City of Aventura. Ordinance No. Page 2 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 unfque 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 Comprehensive Plan. The Future Functional Classification and Number of Lanes Map is amended to add NE 213 Street fi'om Biscayne Boulevard to NE 34~ Avenue and to designa~ tflis roadway as a Local Urban Collector. Section 3. Severebility. 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. Transmittal. The City Clerk is directed to transmit the amendment to the State of Florida Department of Community Affairs. Section 5. Effective Date. This Ordinance shall be effective pursuant to Chapter 163 of the Florida Statutes. 2 Ordinance No. Page 3 The foregoing Ordinance was offered by Commissioner who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Harry Holzberg Commissioner Jeffrey M, Perlow Commissioner Patricia Rogers-Libert Vice Mayor Arthur Berger Mayor Arthur I. Snyder The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Harry Holzberg Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Vice Mayor Arthur Berger Mayor Arthur I. Snyder PASSED AND ADOPTED on first reading this 1~t day of February, 2000. PASSED AND ADOPTED on second reading this __ day of ,2000. ARTHUR I. SNYDER, MAYOR 3 Ordinance No, Page 4 A~-rEST: TERESA M, SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY 4 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Commission Eric M. Soroka~ffy~'>"'~"~e ,velopment Direc~ Petition of City of Aventura Community Development Department to approve a Comprehensive Plan amendment to add six new policies (Policies 1.11 through 1.16) to Objective One of the Intergovernmental Coordination Element and to transmit the amendment to the Florida Department of Community Affairs. (01j-CPA-99) February 1, 2000 Local Planning Agency Agenda Item February 1, 1999 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve: 1) a Comprehensive Plan amendment to add six new policies (Policies 1.11 through 1.16) to Objective One of the Intergovernmental Coordination Element; and 2) approve the transmittal of the amendment to the Florida Department of Community Affairs. THE REQUEST The Applicant, the City of Aventura Community Development Department, is requesting a Comprehensive Plan amendment to add six new policies to Objective One of the Intergovernmental Coordination Element as follows: Policy 1.11 The City shall establish ioint planning areas in coordination with Miami-Dade County and adjacent municipalities prior to initiatinq the process of annexinq new land into the City or chanqinq Aventura's municipal boundaries. policy 1.12 The City shall coordinate the sitinq of municipal facilities of countywide significance (including those facilities typically considered to be locally unwanted land uses) with Miami-Dade County, adjacent municipalities, and other relevant federal, state and local qovernmental agencies. Policy 1.13 The City shall provide notice of Comprehensive Plan amendments1 zoning changes, variances to the City's Land Development Requlations, special exceptions or other land use approvals requiring a public hearing to owners of record of real property and adjacent local governments in a manner consistent with the requirements of the City's Land Development Regulations without reqard to municipal boundaries. Policy 1.14 The City shall continue to identify those zoninq districts in its Land Development Regulations in which public schools are an allowed use, and shall add, delete or modify zoning districts in a manner as to promote the comp~tihilify of public schools across th= broadest possible spectrum of zonin,q classifications. Policy 1.15 The City shall encourage the establishment of new public schools within its boundaries by promoting the dedication of land and infrastructure by developem of residential and non-residential land, and will actively consult with the Miami-Dade County Schoul District during the process of dedication to maximize the benefits of dedication to the school district while minimizing costs to the developer. Policy 1.16 The City shall enter into cooperative agreements with adjacent jurisdictions and the providem of urban services within the City where such arranqements are aqreeable both parties and beneficial to the equitable and efficient delivery of services. SITE DATA OWNERS OF PROPERTY NAME OF APPLICANT LEGAL DESCRIPTION Not applicable Oity of Aventura Development Not applicable Department of Community 2 LOCATION OF PROPERTY Not applicable SIZE OF PROPERTY Not applicable DESCRIPTION/BACKGROUND The 1994 Florida Legislature added several new provisions relating to the Intergovernmental Coordination Element (ICE) of local comprehensive plans to Section 163.3177, Florida Statutes. Local governments are required to include these new requirements into their plans. The subjects of these requirements include provisions for joint planning prior to incorporations or annexations; public school siting and location planning; siting of facilities of county-wide significance; and the need for local governments to provide notice of impending land use changes to nearby landowners regardless of whether they are located in a different jurisdiction. Local jurisdictions are required to comply with these requirements by December 31, 1999. The Florida Department of Community Affairs (DCA) issued a Notice to Find in Compliance the City of Aventura's new Comprehensive Plan on February 15, 1999, well after the new regulations were incorporated into state statutes. As a result, staff is of the opinion that the current City of Aventura Comprehensive Plan is currently in compliance. However, DCA has requested that the City voluntarily amend its Comprehensive Plan to include language it believes is beneficial. After review of DCA request, City staff agreed to add six new policies to Objective One of the Intergovernmental Coordination Element. ANALYSIS Future Land Use Designation - All proposed policies will be effective citywide. No specific parcels of land are involved. Zoning - All proposed policies will be effective citywide. No specific parcels of land are involved. Existing Land Use -All proposed policies will be effective citywide. No specific parcels of land are involved. Access - Not applicable. Conformity to City Comprehensive Plan - The amendment is consistent with the City's Comprehensive Plan. The amendment will not result in impacts on any infrastructure system that will exceed established Level of Service standards. 3 Conformity to City Land Development Regulations -The change in designation will result in no new zoning non-conformities. Coastal High Hazard Location - Not applicable. RECOMMENDATION It is recommended that the City Commission: 1) approve a Comprehensive Plan amendment to add six new policies to Objective One of the Intergovernmental Coordination Element; and 2) approve the transmittal of the amendment to the Florida Department of Community Affairs. 4 ORDINANCE NO. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY ADDING SlX (6) NE'W POLICIES (POLICIES 1.11 THROUGH 1.16) TO OBJECTIVE ONE OF THE INTERGOVERNMENTAL COORDINATION ELEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Department of Community Affairs ("DCA") of the State of Florida found in compliance the City of Aventura Comprehensive Plan (the "Plan") in February 1999; and WHEREAS, DCA has requested that the City voluntarily amend its Plan to include language it believes beneficial to intergovernmental coordination; and WHEREAS, after review of the DCA request, the City Commission agrees to add six new policies to Objective One of the Intergovernmental Coordination Eiement; and WHEREAS, the Plan amendment will not result in impacts on any infrastructure system that will exceed established level of service standards; and WHEREAS, the City Commission finds that this amendment is otherwise consistent with the goals, objectives and policies of the Plan of the City of Aventura. 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 tand uses are compatible. It is Ordinance No. Page 2 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 Comprehensive Plan. The Intergovernmental Coordination Element of the Plan is hereby amended by adding the following six (6) policies to Objective One: Policy 1.11 The City shall establish joint planning areas in coordination with Miami-Dade County and adiacent municipalities prior to initiating the process of annexing new land into the City or changing Aventura's municipal boundaries. Policy 1.12 The City shall coordinate the sitinq of municipal facilities of countywide siRniflcanca (including those facilities typically considered to be locally unwanted land uses) with Miami-Dade County, adjacent municipalities, and other relevant federal, state and local governmental aqencies~ Policy 1.13 The City shall provide notice of Comprehensive Plan amendments, zoninq changes, variances to the City's Land Development Regulations, special exceptions or other land use approvals requiring a public hearinq to owners of record of real properly and adjacent local governments in a manner consistent with the requirements of the City's Land Development Regulations without regard to municipal boundaries. Policy 1.14 The City shall continue to identify those zoning districts in its Land Development Requlations in which public schools are an allowed use, and shall add, delete or modify zoning districts in a manner as to promote the compatibility of public schools across the broadest possible spectrum of zoning classifications. 2 Ordinance No. Page 3 Policy 1.15 The City shall encoura,qe the establishment of new public schools within its boundaries by promotin,q the dedication of land and infrastructure by developers of residential and non-residential land, and will actively consult with the Miami-Dade County School District durinq the process of dedication to maximize the benefits of dedication to the school district while minimizing costs to the developer. Policy 1,16 The City shall enter into cooperative aqreements with adjacent jurisdictions and the providers of urban services within the City where such arran,qements are agreeable to both parties and beneficial to the equitable and efficient delivery of services. 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. Transmittal. The City Clerk is directed to transmit the amendment to the State of Florida Department of Community Affairs. Section 5. Effective Date. This Ordinance shall be effective pursuant to Chapter 163 of the Florida Statutes. 3 Ordinance No. Page 4 The foregoing Ordinance was offered by Commissioner who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Harry Holzberg Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Vice Mayor Arthur Berger Mayor Arthur I. Snyder The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Harry Holzberg Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Vice Mayor Arthur Berger Mayor Arthur I. Snyder PASSED AND ADOPTED on first reading this 1a day of February, 2000. PASSED AND ADOPTED on second reading this __ day of ,2000. ARTHUR I. SNYDER, MAYOR 4 Ordinance No. Page 5 ATTEST: TERESA M, SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY 5 www.herald.com www.elherald.com PUBLISHED DAILY MIAMI-DADE-FLORIDA STATE OF FLORIDA COUNTY OF DADE Before thc undersigned authority personally appeared: LISA VALDES who on oath says that he/she is CUSTODIAN OF RECORDS of The Miami Herald, a daily newspaper published at Miami in Dade County, Florida; that the attached copy of advertisement was published in said newspaper in the issues off Friday, January 21,2000 Page 2lA Affiant fitrther says that the said The Miami Herald is a newspaper published at Miami, in the said Dade County, Florida and that the said newspaper has heretofore been conthmously published in said Dade County, Florida each day and has been entered as second class mail matter at the post office in Miami, in said Dada County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant fiJrther says that he has neither paid nor promised any person, l-mm or corporation any discount, rebate, comtaission or refund for the purpose of securing this advertisement for publication in the said newspapers(s). Sworn to ~nd subscribed before me this January 21 ,2000 My Commission Expires: May 10, 2002 Notary CITY OF AVENTURA NOTICE OF HEARING OF LOCAL PLANNING AGENCY AND NOTICE OF AMENDMENT~OF COMPREHENSIVE PLAN CITY OF. AVENTURA NOTiCE OF HEARING OF LOCAL PLANNING AGENCY AND NOTICE OF AMENDMENT OF COMPREHENSIVE PLAN CITY OF AVENTURA