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2002-13 ORDINANCE NO. 2002-13 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 THE CITY'S COMMUNITY RECREATION FACILITY SITE LOCATED AT 3375 NE 188 STREET FROM BUSINESS AND OFFICE TO PARKS AND RECREATION; 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 Business and Office; and WHEREAS, City staff is requesting a small-scale Comprehensive Plan amendment, through Application No. 02-CPA-02, to change the land use designation of the City's Community Recreation Facility site located at 3375 NE 188 Street totaling approximately 2.8 acres for the Huber Tract (including 0.6 acres submerged lands in the canal to the north) and approximately 0.6 acres of submerged land that was filled by the state to the east of Tract A, from Business and Office to Parks and Recreation; and WHEREAS, the City Commission believes it is in the best interest of the public to amend the future land use map designation on the subject property from Business and Office to Parks and Recreation; and 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. 2002-13 Page 2 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 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 City's Community Recreation Facility located at 3375 NE 188 Street (Folio Number 28-2203-047-0010) (see Exhibit "A" for property location) is hereby changed from Business and Office to Parks and Recreation. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Ordinance No. 2002-13 Page 3 Section 4. Inclusion in the Comprehensive Plan. It is the intention of the City Commission, and it is hereby ordained that the previsions 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 Rogers-Libert, who moved its adoption on first reading. This motion was seconded by Commissioner Grossman, 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 absent yes yes yes yes yes yes The foregoing Ordinance was offered by Commissioner Cohen, who moved its adoption on second reading. This motion was seconded by Commissioner Rogers- Libert, 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 yes yes yes yes yes yes yes Ordinance No. 2002-13 Page 4 PASSED on first reading this 2nd day of April, 2002. PASSED AND ADOPTED on second reading this 7th d,~5~l~ay, 2002. /J'EF'FREY M.~ERLOW, MA~'OR APPROVED AS TO LEGAL SUFFICIENCY: CITY A~'ORNEY This Ol~nance was'Tried ill'he Office of the City Clerk this__~ day of~ ,, 2002.