10-02-2001AvTheentC'
ul'a
Jeffrey M. Perlow, Mayor
Arthur Berger
Jay R. Beskln
Ken Cohen
Manny Grossman
Harry Holzberg
Patricia Rogers-Libert
Er~M. Soroka
Teresa M. Soroka, CMC
Weiss Serota Heffman
Pastoriza & Guedes
LOCAL PLANNING AGENCY
AGENDA
OCTOBER 2, 2001 - 6 PM
19200 West Country Club Drive
Aventura, Florida 33180
'l. CALL TO ORDER~ROLL CALL
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES: September 4, 2001 LPA Hearing
PUBLIC HEARING: MOTION RECOMMENDING ADOPTION OF THE
FOLLOWING ORDINANCE:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE COMPREHENSIVE MASTER PLAN OF THE CITY
OF AVENTURA BY AMENDING THE FUTURE LAND USE MAP
DESIGNATION FOR THREE (3) PARCELS LOCATED AT 2950, 3025
AND 3161 NE 188 STREET FROM INDUSTRIAL AND OFFICE TO
MEDIUM HIGH DENSITY RESIDENTIAL; PROVIDING FOR
TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS;
PROVIDING FOR AN EFFECTIVE DATE.
5. ADJOURNMENT.
This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and
who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk,
305-466-8901, not later than two days prior to such proceeding.
Anyone wishing to appeal any decision made by the City of Aventura Local Planning Agency with respect to any matter considered at
such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.
Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 19200 West Country Club Drive,
Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305466-8901.
One or more members of the City of Aventura Advisory Boards may also ha in attendance.
MINUTES Government Center
LOCAL PLANNING AGENCY 19200 w. country Club Drive
MEETING Aventura, F~orida 33180
,..~t.~ SEPTEMBER 4, 2001 6 PM
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by
Mayor Jeffrey M. Perlow. Present were Commissioners Arthur Berger, Jay R. Beskin,
Manny Grossman, Harry Holzberg, Patricia Rogers-Libert, Vice Mayor Ken Cohen,
Mayor Perlow, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka, and City
Attorney David M. Wolpin. As a quorum was determined to be present, the meeting
commenced.
2. PLEDGE OF ALLEGIANCE:
3. APPROVAL OF MINUTES: A motion to approve the minutes of the June 6, 2000
LPA Hearing was offered by Commissioner Rogers-Libert, seconded by
Commissioner Holzberg and unanimously passed.
4. PUBLIC HEARING: MOTION RECOMMENDING ADOPTION OF THE
FOLLOWING ORDINANCES:
A. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE CITY'S LAND DEVELOPMENT REGULATIONS, ENACTED BY
ORDINANCE 99-09; BY AMENDING SECTION 31-191(k) "NON-
CONFORMING SIGNS"; BY AMENDING SUBSECTION (2)
"EXCEPTION TO AMORTIZATION SCHEDULE"; BY AMENDING
PARAGRAPH (c) THEREOF, SO AS TO PROVIDE FOR THE
EXPIRATION OF THE EXEMPTION OF MONUMENT SIGNS LOCATED
IN RESIDENTIAL DISTRICTS AND RESIDENTIAL WALL SIGNS FROM
THE AMORTIZATION AND REMOVAL REQUIREMENT, INSTEAD OF
ALLOWING NON-CONFORMING MONUMENT SIGNS LOCATED IN
RESIDENTIAL DISTRICTS AND RESIDENTIAL WALL SIGNS WHICH
EXISTED ON JUNE 3, 1997, TO CONTINUE TO RELY UPON SUCH
EXEMPTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR EFFECTIVE DATE.
A motion to recommend adoption of the ordinance was offered by Commissioner
Rogers-Libert and seconded by Commissioner Berger. Mayor Perlow opened
the public hearing. There being no speakers, the public hearing was closed. A
motion was offered by Commissioner Rogers-Libert, seconded by Commissioner
Holzberg and unanimously passed to recommend the ordinance be amended to
add in the underlined portion of Section c the word "non-conforming" prior to
"Residential wall signs shall be completely removed from the premises or made
to confirm by October 2, 2004".
unanimously.
The motion, as amended, passed
B. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE CITY'S LAND DEVELOPMENT REGULATIONS, ENACTED BY
ORDINANCE 99-09; BY AMENDING ARTICLE II. DEFINITIONS AND
RULES OF CONSTRUCTION, SECTION 31-21. DEFINITIONS; BY
AMENDING ARTICLE VII. USE REGULATIONS SO AS TO PROVIDE
FOR COMPREHENSIVE STRUCTURE PARKING REGULATIONS BY
AMENDING SECTIONS 31-144(b), 31-144(c), 31-144(d), 31-144(e), 31-
144(f), 31-145(b), and 31-145(c); PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR
EFFECTIVE DATE.
A motion to recommend adoption of the ordinance was offered by Commissioner
Rogers-Libert and seconded by Commissioner Grossman. Mayor Perlow
opened the public hearing. Richard Freedman, 20379 W. Country Club Drive,
and Don Brodey, 20281 E. Country Club Drive, addressed the Commission.
There being no further speakers, the public hearing was closed. Commissioner
Beskin requested staff re-address the definition of Building Envelope prior to
second reading. A motion was offered by Vice Mayor Cohen and seconded by
Commissioner Rogers-Libert to recommend amendment to the ordinance to
provide maximum height of 341 feet in the B2 and B3 districts and 176 feet in OP
and MO districts, and minimum ceiling height for parking garages. The motion
passed 5-2, with Commissioners Berger and Holzberg voting no. A motion was
offered by Commissioner Rogers-Libert, seconded by Commissioner Holzberg
and unanimously passed to recommend amendment to the ordinance to include
"no rear yard setback required" with references to no side yard setback required.
The motion, as amended, passed unanimously.
ADJOURNMENT. There being no further business to come before the Local
Planning Agency, the meeting adjourned at 6:56 p.m.
Teresa M. Soroka, CMC, City Clerk
Approved by the LPA on
,2001.
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a
meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a ved3atim
record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based.
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
City Commission t~get
Eric M. Soroka, Ci
Brenda Kelley, Comm~levelopment Dire~-~
September 21,2001
Small scale amendment to the City's Comprehensive Plan to change the
land use designation of three adjacent parcels on NE 188 Street totaling 7.66
acres from Industrial and Office to Medium High Density Residential. (01-
CPA-01 - Small Scale Amendment)
October 2, 2001 Local Planning Agency Agenda Item /'~
October 2, 2001 City Commission Meeting Agenda Item
November 6, 2001 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission: 1) approve the small scale Comprehensive
Plan amendment to change the land use designation of three adjacent parcels on NE 188
Street totaling 7.66 acres from Industrial and Office to Medium High Density Residential;
and 2) approve the transmittal of the amendment to the Florida Department of Community
Affairs.
THE REQUEST
City staff is requesting a small scale Comprehensive Plan amendment to change the land
use designation of three adjacent parcels on NE 188 Street totaling 7.66 acres from
Industrial and Office to Medium High Density Residential to facilitate a rezoning of the
parcels from TC2 (Town Center Marine District) to RMF3A (Multifamily Medium Density
Residential District) and RMF3B (Multifamily Medium Density Residential District).
BACKGROUND
OWNER OF PROPERTIES:
2950 NE 188 Street
3025 NE 188 Street
3161 NE 188 Street
NAME OF APPLICANT
LOCATION OF PROPERTY
SIZE OF PROPERTIES
28-2203-000-0291
28-2203-000-0161
28-2203-000-0310
Alfred R Chouinard II
Fort Apache Inc.
Alfred R Chouinard
City of Aventura
See Exhibit #1 for location map and Exhibit ~2 for
aerial photo
Approximately 7.66 acres
DESCRIPTION/BACKGROUND
This past year, the City Commission has held planning and visioning sessions to discuss
future development possibilities on NE 188 Street (Thunder Alley). The City's consultants,
Wallace Roberts & Todd also attended these sessions to discuss overall recommendations
for Thunder Alley as it relates to future development of the Town Center, mixed-use
development on the Loehmann's site. Staff and the City Commission have discussed the
overall uses of the two areas and how the two areas would link and function as separate
mixed-use developments or a continuation of one mixed-use development. During these
meetings, staff has recommended that the City Commission consider the following:
1. Is there a market for the overall proposed retail and office proposed in the City's
Land Development Regulations for the existing TCl and TC2 districts?; and
2. The overall creation of mixed-use development on the Loehmann's site and
extending down NE 188 Street (disrupted continuation because of the Harbour
Center development and the self-storage facility) may be spreading the retail and
office uses over such a large land mass (approximately 1325 linear feet on both
sides of the street) that there was a concern that the commercial uses on NE 188
Street may struggle due to the removal of this area from the overall "downtown"
developed on the Loehmann's site; and
3. A higher density residential component may be required on the Loehmann's site,
than previously suggested by staff, so as to help support the large amount of
commercial uses in this area; and
4. Office and retail uses on the waterfront may not be the highest and best use of this
presently underutilized land; and
5. Property owners in the area were inclined to sell their properties to prospective
developers. Interest has been continually expressed to the property owners by
residential developers for multi-family development. This supports infill
development guidelines in an area designated as a transportation concurrency
exception area.
2
Because of these considerations and recommendations, and following discussion by the
Commission, staff was instructed to proceed with a comprehensive plan amendment and
eventual rezoning of some parcels on NE 188 Street to permit residential development that
will support and enhance prospective future development of a mixed-use, town center in
the Loehmann's area.
The existing uses on these parcels include existing marine industry and boat storage
facilities; a vacant building, sometimes used for boat storage; and a vacant lot with two
existing small, vacant, abandoned structures. The present uses, while not entirely water-
dependent or water-related, are private businesses that do not provide general access to
the public of the water and/or views.
ANALYSIS
Future Land Use Designation
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Industrial and Office
Town Center
Medium High Density Residential
Business and Office
Town Center
Zoning
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
TC2, Town Center Marine District
RMF3, Multi-Family Medium Density Residential District
RMF3, Multi-Family Medium Density Residential District
RMF3A, Multifamily Medium Density Residential District
TC2, Town Center Marine District
TC1, Town Center Distdct
Existing Land Use
Subject property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Access - Access to each parcel
in place.
vacant lot, marine industry, boat storage
residential
residential
marine industry, concrete manufacturing
office, restaurant and self storage facility
is from NE 188 Street. Access easements are presently
Conformity to City Comprehensive Plan - The amendment is consistent with policies in
the Future Land Use, Transportation and Coastal and Conservabon e ements of the City
Comprehensive Plan. More specifically:
3
Future Land Use Element
Policy 8.2 Applications to amend the City's Future Land Use Plan map shall be
evaluated to consider consistency with the Goals, Objectives and Policies of all
Elements, other timely issues, and in particular the extent to which the proposal, if
approved, would:
1. Satisfy a deficiency in the Plan map to accommodate projected
population or economic growth of the City;
Recent population figures provide information that the City is continuing to
grow and the median age is growing younger. With this growth in population,
the need for housing grows. Previous discussions by the City Commission
addressed concerns that there may not be a need, and the local economy
may not be able to support, the commercial (retail and office) and marine
industry uses presently permitted in the subject property area.
2. Enhance or impede provision of services at adopted LOS Standards;
Traffic - The traffic generation table provided later in this report supports the
proposed amendment in that a decreased projected vehicle trips per day
enhances the prevision of traffic services.
Water - The intensity of a maximum 2.0 FAR of commercial uses plus 25
dwelling units per acre as existing permitted use is substantially decreased
with the proposed amendment. Therefore, provision of services will be
enhanced.
Sewer - The intensity of a maximum 2.0 FAR of commercial uses plus 25
dwelling units per acre as existing permitted use is substantially decreased
with the proposed amendment. Therefore, provision of services will be
enhanced.
Mass Transit - A bus transit facility is located at Aventura Mall,
approximately ~,~ mile from the subject properties. The proposed residential
development will be required to provide pedestrian linkage to or transit
service facilities that are safe and convenient to transit users.
Parks and Recreation - The City presently exceeds LOS standards for park
space. Additionally, the subject properties are within walking distance of
both Founder's Park and the City's proposed Community Recreation Fadlity,
a public property obtained after the adoption of the City's Comprehensive
Plan.
Stormwater Drainage - The intensity of a maximum 2.0 FAR of commercial
uses plus 25 dwelling units per acre as existing permitted use is substantially
4
decreased with the proposed amendment. Therefore, provision of services
will be enhanced.
Solid Waste - The intensity of a maximum 2.0 FAR of commercial uses plus
25 dwelling units per acre as existing permitted use is substantially
decreased with the proposed amendment. Therefore, provision of services
will be enhanced.
3. Be compatible with abutting and nearby land uses and protect the
character of established neighborhoods; and
The proposed amendment is compatible with abutting and nearby land uses
and, not only protects, but is anticipated to enhance the character of the
neighborhood.
4. Enhance or degrade environmental or historical resources, features or
systems of significance.
The proposed amendment will enhance the environmental systems in that
the proposed residential uses will provide access for residents of the City to
existing waterfront properties through view corridors, living units and/or
pedestrian promenades along the water.
Policy 8.3 The City shall strive to accommodate residential development in suitable
locations and densities which reflect such factors as recent trends in location and
design of residential units; projected availability of service and infrastructure
capacity; proximity and accessibility to employment, commercial and cultural
centers; character of existing adjacent or surrounding neighborhoods; avoidance of
natural resource degradation; maintenance of quality of life and creation of
amenities.
The proposed amendment will accommodate residential development in suitable
locations and densities along the waterfront; projected availability of service and
infrastructure capacity; proximity and accessibility to employment, commercial and
cultural centers; character of existing adjacent or surrounding neighborhoods;
avoidance of natural resource degradation; maintenance of quality of life and
creation of amenities.
Policy 10. 1 Aventura shall facilitate redevelopment of substandard or
underdeveloped areas, high intensity activity centers, mass transit supportive
development and mixed use projects to promote energy conservation.
The proposed amendment will facilitate redevelopment of substandard or
underdeveloped areas and permitted mixed-use development.
5
Po/icy 12. 1 Ail proposed Comprehensive Plan amendments that increase density
(population) shall be required to submit, at the time of application, an analysis of
the impacts of the proposed amendment upon the evacuation routes and
evacuation times as included within the South Florida Regional Hurricane
Evacuation Study, April, 1996, or as may be amended from time to time.
Policy 12.2 The City shall not approve any Comprehensive Plan amendment that
increases density (population) and results in evacuation times exceeding 12 hours.
Address Lot Increase in Population Overall Increase in
Size Density Factor Population
2950 NE 188 St 3.04 ac 20 du/ac 1.64 99
3025 NE 188 St 3.59 ac 10 du/ac 1.64 59
3161 NE 188 St 1.03 ac 10 du/ac 1.64 17
Totals 7.66 ac 175
The South Florida Regional Planning Council prepared an analysis of the impacts
of the proposed amendment upon the evacuation routes and evacuation times
using the 1996 South Florida Hurricane Evacuation Study Model. It was
determined that the maximum increase in dwelling units resulting from the
proposed amendment would be 107 and the resulting change in clearance is quite
insignificant, a 2.4 minute increase. That clearance time increases the present
11.32 hours to 11.36 hours.
Transportation Element
Policy ~.5 The City will develop transportation management strategies, such as
(but not limited to) traffic calming techniques and neighborhood design concepts to
improve efficiency and enhance the safety of the pedestrian,, bicycles and transit
riders within the context of an integrated multi-modal transportation system.
The proposed amendment, and associated rezoning and street improvements, will
provide for a safer roadway in that pedestrian traffic and vehicle traffic will be
separated through the construction of sidewalks, which do not presently exist. The
neighborhood design concepts will provide pedestrian promenades along the
water, thereby further separating pedestrian traffic from vehicle traffic. The
proposed residential development will be required to provide pedestrian linkage to
or transit service facilities that are safe and convenient to transit users.
Policy 4.3 Transit service shall be/inked to major trip attractors and generators and
the transportation disadvantaged. Transit service shall be located such that they
are safe and convenient to transit users.
The proposed amendment will allow for redevelopment of residential uses adjacent
to an area which allows for mixed-use development. Any new residential
6
development will be required to provide pedestrian linkage to or transit service
facilities that are safe and convenient to transit users.
Policy 4.4 Transit service will be located in areas which the future land use map will
support transit service, such as town center, transit terminals, commercial areas
and higher density residential areas.
The proposed amendment will allow for redevelopment of residential uses adjacent
to the town center area. Any new residential development will be required to
provide pedestrian linkage to or transit service facilities that are safe and
convenient to transit users.
Policy 4.6 Sidewalks shall link residential development to transit stops and
shelters.
NE 188 Street is presently a two-lane, non-sidewalked, dead-end street. The City
is presently proceeding with design and development of a 23,000 SF community
recreational facility on the north side of the east end of the street, and street
improvements that will provide sidewalks. Presently there is no public
transportation provided on this street, nor is there adequate pedestrian
accessibility. The community recreational facility and the town center area will be
providing transit stops and shelter. The proposed amendment will allow for
redevelopment of residential uses adjacent to the town center area and the City's
community recreational facility. Any new residential development will be required
to provide pedestrian linkage to or transit service facilities through the use of
sidewalks and/or waterfront promenades.
Conservation and Coastal Management Element
Policy 9.2 The City shall maintain the adopted levels of service on the local
roadways based on the future land use plan to achieve a reasonable evacuation
time.
The traffic generation table provided later in this report supports the proposed
amendment in that a decreased projected vehicle trips per day enhances the
provision of transportation (traffic) services, thereby maintaining the adopted levels
of service on local roadways to achieve a reasonable evacuation time.
Policy 12.1 Shoreline uses within Aventura shall be prioritized according to the
following ordec
1. Conservation uses
2. Water-dependent uses
3. Water-related uses
4. Uses not dependent or related to shoreline access
In the priority listing shown above, the City presently owns a three (3) acre site, and
is in the process of designing for construction a community recreational facility at
the tip of NE 188 Street, directly on the water. This fadlity is scheduled to open in
late 2002. This facility will not only provide access to the water by all residents of
the City, but will also provide open space/passive areas on the site. This use will
conserve the site for use by the general public. Furthermore, the City is in the
process of obtaining, adjacent to the community recreation facility site, a three (3)
acre parcel in order to construct a much needed charter elementary school. This
facility is scheduled to open for the school session in 2003. These two (2) facilities
will operate as joint-use facilities and together will provide access to the
shoreline/waterfront to all residents of the City.
In the backup information for the City's adopted comprehensive plan, the water-
dependent and water-related uses were identified as the seven (7) marine
industry/marinas on NE 188 Street and NE 185 Street. However, as the City
Commission is aware, these property owners are marketing their properties for sale.
Staff discussions with the present marine use tenants and/or property owners
included discussions that it was hard to operate their businesses with residential
uses across the canals because of the noise and smells; many of the industry
businesses do not depend on the water because they trailer their boats to other
areas to put them in the water, if required. Therefore, what the Commission
originally wished to preserve as water-dependent or water-related uses may not be
realistic as evidenced by the present owners' desires to sell and move.
Furthermore, the present uses on the site restrict access and views of the
shoreline/waterfront to the residents of the City since they are private, industrial type
uses, restricting access by the general public.
Staff supports residential uses in this area in that the general public will be able to
take advantage of direct water views through the use of pedestrian promenades
along the water, especially when these pedestrian access ways serve to link the
town center area with the City's community recreational facility located at the far
eastern end of NE 188 Street.
Policy 12.4 Amendments to the Future Land Use Plan Map shall not reduce the
proportion of shoreline properties dedicated to water-dependent uses or reduce the
access of water-dependent uses to such properties.
The present uses on the site restrict access and views of the shoreline/waterfront to
the residents of the City since they are private, industrial type uses, restricting
access by the general public.
Staff supports residential uses in this area in that the general public will be able to
take advantage of direct water views through the use of pedestrian promenades
along the water, especially when these pedestrian access ways serve to link the
town center area with the City's community recreational facility located at the far
eastern end of NE 188 Street.
8
Policy 12.5 Amendment to the Future Land Use Plan Map shall not reduce the
proportion of shoreline properties dedicated to water related uses or reduce the
access of water-related uses to such properties.
The present uses on the site restrict access and views of the shoreline/waterfront to
the residents of the City since they are private, industrial type uses, restricting
access by the general public.
Staff supports residential uses in this area in that the general public will be able to
take advantage of direct water views through the use of pedestrian promenades
along the water, especially when these pedestrian access ways serve to link the
town center area with the City's community recreational facility located at the far
eastern end of NE 188 Street.
Policy 12.6 New multi-family residential development, contiguous to the shoreline,
shall be water dependent, water related, or at a minimum shall include
environmentally compatible shoreline access facilities such as walkways, piers, and
viewing areas with landscaping grouped or spaced for views of and from the water.
The proposed amendment will require that residential redevelopment provide view
corridors to the water and pedestrian walkways/promenades along the waterfront.
Furthermore, as an extension of the town center, and as support to the City's
community recreational facility, which facility will provide walkways, piers and
viewing areas, pedestrian walkways and linkage of uses through the multi-family
residential districts will be required.
Traffic Generation - The City's traffic engineers have prepared traffic generation
information relative to previous approved uses, existing permitted uses and the proposed
amendment. The following information is calculated on a general land area of the overall
amendment area of approximately 17.69 acres on NE 188 Street.
Zoning Category Vehicle Trips per day
Miami-Dade County Zoning IU-2 (industrial) 10,743
Existing City Zoning TC-2 (mixed use) 44,675
Proposed CityZoning RMF3B and RMF3A 4,290
(residential)
Part of the Larger Plan - As previously discussed in this report, the City Commission has
reviewed the overall concept and future of this area of the City, including the Loehmann's
area, the City's proposed Community Recreation Facility and adjacent school site, and all
surrounding properties. The City Commission has determined that the proposed
residential uses are an integral part in providing support and vitality to the proposed mixed-
use, town center development to the west of NE 188 Street. The City's consultants
advised that the existing zoning on these properties (TC-2) provided for retail and office
9
uses that may not have been economically feasible and, in fact, may have spread these
commercial uses into areas that could not support their intensity and location.
School - The City is proceeding with the construction of a charter elementary school on
the north side of NE 188 Street, east of the proposed amendments area. The proposed
residential uses on this street support the need for an elementary school and actually
provide much more compatible uses for the school versus the existing commercial and
marine uses presently allowed on the street. Furthermore, the anticipated decrease in
traffic generation through reduced vehicle trips per day provides for much more compatible
uses and significant impact on increased traffic safety on the street.
Conformity to City Land Development Regulations - The proposed amendment will
facilitate a proposed rezoning from TC2, Town Center Marine District to RMF3A
(Multifamily Medium Density Residential District) and RMF3B (Multifamily Medium Density
Residential District).
Coastal High Hazard Location - The location of this site is not in a designated coastal
high hazard area.
/staff reports/01-CPA-01 comp plan SCD1
10
N
EXHIBIT #1
LOEHMANNS
EXHIBIT #2
ORDINANCE NO. 2001 -
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE COMPREHENSIVE MASTER PLAN OF
THE CITY OF AVENTURA BY AMENDING THE FUTURE
LAND USE MAP DESIGNATION FOR THREE (3)
PARCELS LOCATED AT 2950, 3025 AND 3161 NE 188
STREET FROM INDUSTRIAL AND OFFICE TO MEDIUM
HIGH DENSITY RESIDENTIAL; PROVIDING FOR
TRANSMI'I'I'AL TO THE DEPARTMENT OF COMMUNITY
AFFAIRS; 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 Industrial and Office, consistent with the existing Miami-Dade County
Comprehensive Plan; and
WHEREAS, City staff is requesting a small scale Comprehensive Plan
amendment, through Application No. 01-CPA-01, to change the land use designation of
three adjacent pamels on NE 188 Street totaling 7.66 acres from Industrial and Office to
Medium High Density Residential; 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 Industrial
and Office to Medium High Density Residential; 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 to the extent the
application is granted herein; and
Ordinance No. 2001-
Page 2
WHEREAS, this residential land use small scale amendment meets the
residential density criteria pursuant to Chapter 163.3187(c)(1)(f) Fla. Stat.; and
WHEREAS, the City Commission believes the amendment will maintain the
unique aesthetic character of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Purpose. This Ordinance is intended to preserve the unique
aesthetic character of the City and ensure that adjacent land uses are compatible. It is
further intended to protect property values, create a better business climate, enhance
the physical appearance of the community and preserve the natural beauty of the City.
Section 2. Amendment of Future Land Use Map Desi.qnation. The future
land use map designations of three (3) parcels totaling approximately 7.66 acres
located at 3025 NE 188 Street (Folio Number 28-2203-000-0161) and 3161 NE 188
Street (Folio Number 28-2203-000-0310) and 2950 NE 188 Street (Folio Number 28-
2203-000-0291) (see Exhibit "A" for property locations) are hereby changed from
Industrial and Office to Medium High Density Residential.
Section 3. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases of this Ordinance
Ordinance No. 2001-__
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. Inclusion in the Comprehensive Plan. It is the intention of the City
Commission, and it is hereby ordained that the provisions of this Ordinance shall become
and be made a part of the Comprehensive Plan of the City of Aventura and that the
Future Land Use Map of the Comprehensive Plan may be revised so as to accomplish
such intentions.
Section 5. Transmittal. The City Clerk is directed to transmit the amendment
to the State of Florida Department of Community Affairs.
Section 6. 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 on first reading. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Mayor Jeffrey M. Perlow
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 Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Ordinance No. 2001-
Page 4
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Mayor Jeffrey M. Perlow
PASSED on first reading this 2nd day of October, 2001.
PASSED AND ADOPTED on second reading this 6th day of November, 2001.
ATTEST:
JEFFREY M. PERLOW, MAYOR
TERESA M. SOROKA, CMO
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
N
........................... NE'~t~tfl 8T ......... ~
EXHIBIT "A"
J 'mmi eralb
www. herald.com
Published Daily
MIAMI, FLORIDA
STATE OF FLORIDA
COUNTY OF DADE
Before the undersigned authority personally appeared:
FRANK TOMASINO
Who on oath that he is
ADVERTISING OFFICE MANAGER
Of the Miami Herald Publishing Company, a daily newspaper at Miami in Dade
county, Florida; that the advertisement for City Of Aventura was published in said
newspaper in the issue of:__Miami Herald, Monday, September, 24th 2001
Affiant further says that the said Miami Herald is a newspaper published at Miami,
in the said Dade County, Florida, and that the said newspaper has heretofore been
continuously 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 Dade
County, Florida, for a period of one year next preceding the first publication of
the attached copy of advertisement.
FRANK TOMASINO
S~'orn to and subscribed before me
This ~;~l'~'day of ~
~~utc~a Kelly ('J
A.D. 2001
!1~'~'"_.~ .v COaM~SS,O. # CC 897.~
I1~ EXPIRES: April 22, 2004
3613 N.E. 163rd Street
North Miami Beach, FL 33160
CITY OF AVENTURA
NOTICE OF HEARING OF
LOCAL PLANNING AGENCY AND
NOTICE OF AMENDMENT
OF COMPREHENSIVE PLAN
Public Notice is hereby given that the City of Aventura Local Planning Agency
will meet in a public hearing on Tuesday, October 2, 2001 at 6:00 pm to make
a recommendation regarding the adoption of the following Ordinance:
AN ORDINANCE OF THE CiTY OF AVENTURA,
FLORIDA, AMENDING THE COMPREHENSIVE MASTER
PLAN OF THE CITY OF AVENTURA BY AMENDING THE
FUTURE LAND USE MAP DESIGNATION FOR THREE (3)
PARCELS LOCATED AT 2950, 3025 AND 3161 NE 188
$~1 FROM INDUSTHiAL AND OFFICE TO MEDIUM
HIGH DENSITY RESIDENTIAL; PROVIDING FOR
TRANSMITTAL TO THE DB)ARTMENT OF COMMUNITY
AFFAIRS; PROVIDING FOR AN EFFECTIVE DATE,
Immediately ~lowing the Local Planning Agency meeting, the City Commission
of the City of AvenbJm, as the goveming body, will consider at a public hearing
Amendment of the Comprehensive Master Plan Ordinance.
A Comprehensive Plan is a State of Florida required document that provides the
City's specific objectives through the following elements: Future Land Use
Element, Infrastructure Element, Capital Improvements Element, Coastal
Management Bement, Recreation Elament~ Intergovernmental Coordination
Element, Tmnspertation Element, Urban Design Element and Economic
Development Element.
The Public Hearing wifl be held at City of Aventura Government Center, 19200
West Country Club Drive, Aventura, Rarida, 33180. The proposed Ordinance
may be inspected by the public at the Office of the City Clerk, 19200 West
Count]'y Club Drive, Aventura, Rode. Interested parties may appear at the
Public Hearing and be heard with respect to the pmpesed Ordinance.
In accordance with the Americans with Disabilities Act of 1990, all parsons who
are disabled and who need special accommodations to participate in this
proceeding because of ~at disebilby should contact the Office of the Cby Clerk,
(305) 466-8901, not later than twe business days prior to such proceedings,
If a person decides to appeal any decision made by the City Commission, as
Local Planning Agency, or as the goveming body, with respect to any matter
considered at a mee'dn9 or hearing, that person will need a record of the
proceedings and, for such purpose, may need to ensure that a verbaam record
of the proceedings is mede, which record includes the testimony and evidence
upen which the appeal is to he based.
Teresa M. Soreka, CMC, City Clerk