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2002-08ORDINANCE NO. 2002- 08 AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING DESIGNATION FOR ONE (1) PARCEL OF LAND LOCATED AT 3333 NE 188 STREET FROM OP, OFFICE PARK DISTRICT TO CF, COMMUNITY FACILITIES DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Aventura recognizes the City's growing number of younger families and a problem of school overcrowding; and WHEREAS, the City of Aventura is desirous of amending the Official Zoning Map of the City of Aventura by amending the zoning designation for one (1) parcel of land located at 3333 NE 188 Street from OP, Office Park District to CF, Community Facilities District to allow for the siting of a charter elementary school; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with law; and WHEREAS, the City Commission has been designated as the local planning agency for the City pursuant to Section 163.3174, Florida Statutes; and WHEREAS, the Local Planning Agency has reviewed the application pursuant to the required public hearing and has recommended approval to the City Commission; and WHEREAS, the City Commission has reviewed the action set forth in this Ordinance and has determined that such action is consistent with the Comprehensive Plan and intended use of the land. Ordinance No. 2002- 08 Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. That the Official Zoning Map of the City of Aventure is hereby amended by amending the zoning designation for one (1) pamel of land located at 3333 NE 188 Street (Folio Number 28-2203-000-0290) from OP, Office Park District to CF, Community Facilities District (see Exhibit "A" for property location). Section 2. Severability. The provisions of this Ordinance are declared to be severeble 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 3. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Aventura and that the Official Zoning Map of the City may be revised so as to accomplish such intentions. Section 4. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Vice Mayor Rogers-Libert, who moved its adoption on first reading. This motion was seconded by Commissioner Cohen and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger yes Commissioner Jay R. Beskin yes Ordinance No. 2002- 08 Page 3 Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Vice Mayor Patricia Rogers-Libert Mayor Jeffrey M. Perlow yes yes yes yes yes The foregoing Ordinance was offered by Commissioner un_~,,-,-].~,,T~ , who moved its adoption on second reading. This motion was seconded by Commissioner Cohea 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 Vice Mayor Patricia Rogers-Libert Mayor Jeffrey M. Pedow ),es yes yes ~es yes yes PASSED on first reading this 5th day of February, 2002. PASSED AND ADOPTED on second reading this 5th day o~ar~, 2002. F REY M. PERLOW, MAYOR ATTE : TF~E~A M. S(:~(ROK~, CM(~ C TYI~LERK ~ APPROVED AS '['O I, EGAL SUFFICIENCY: CITY ATTORNEY ~ Th~n~,~4}L;fi ~ffice of the City Clerk this ~ dayof~l.)[~-~,2O02. EXHIBIT "A"