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2002-04 ORDINANCE NO. 2002-04 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 3016, 3030, AND 3205 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. 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. 03-CPA-01, to change the land use designation of three adjacent parcels on NE 188 Street totaling 2.85 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. 2002-04 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 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 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 t. 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 MaD Desionation. The future land use map designations of three (3) parcels totaling approximately 2.85 acres located at 3016 NE 188 Street (Folio Number 28-2203-000-0391) and 3030 NE 188 Street (Folio Number 28-2203-000-0380) and 3205 NE 188 Street (Folio Number 28- 2203-000-0330) (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 Ordinance No. 2002-04 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. 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 Vice Mayor Rogers-Libert who moved its adoption on first reading. This motion was seconded by Commissioner Beskin 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. Perlow yes yes yes yes yes absent from the room yes The foregoing Ordinance was offered by Commissioner Berger, who moved its adoption on second reading. This motion was seconded by Commissioner Grossman and upon being put to a vote, the vote was as follows: Ordinance No. 2002- 04 Page 4 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 yes yes yes yes yes yes yes PASSED on first reading this 8th day of January, 2002. /EF~REY I~. PERLOVV~;'~R ~/~cSA M. S(ORqKA, C/VIC LERK ~ APPROVED/~S ]-O LEGAL SUFFICIENCY: the City Clerk this _.~ day of/)//d.~,., 2002. N EXHIBIT "A"