98-24 ORDINANCE NO. 98 - 24
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA;
EXTENDING THE DURATION OF THE EXISTING BUILDING
MORATORIUM ON ISSUANCE OF DEVELOPMENT
ORDERS AND DEVELOPMENT PERMITS WITHIN THE
MARINA AREA AND THE HOSPITAL AREA, AS
PREVIOUSLY IMPOSED PURSUANT TO ORDINANCE NO.
97-22, AND AS AMENDED PURSUANT TO ORDINANCE
NO. 98~)8, OF THE CITY OF AVENTURA; BY AMENDING
SECTION 8 "TERM" OF ORDINANCE NO. 97-22, AS
AMENDED, TO PROVIDE FOR A FURTHER EXTENSION OF
THE TERM OF SUCH MORATORIUM, SO AS TO ENABLE
CITY'S COMPREHENSIVE PLAN TO BE COMPLETED AND
IMPLEMENTED; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Ordinance No. 97-22 of the City of Aventura, as adopted on
September 16, 1997, the City Commission provided for a moratorium upon the issuance of
development orders and development permits concerning development within the Marina
Area and Hospital Area within the City, as described therein, so as to enable the
formulation and implementation of the City of Aventura Comprehensive Plan (the "City
Plan"); and
WHEREAS, Ordinance No. 97-22 provided for such moratorium to be effective for
an initial period of 180 days from adoption thereof, and authorized such moratorium to be
reasonably extended; and
WHEREAS, said initial term was extended until November 1, 1998, pursuant to
Ordinance No. 98-08 enacted by the City Commission on March 17, 1998; and
WHEREAS, the City Commission finds that work is being expeditiously pursued on
the City Plan, but that it is necessary to further reasonably extend the moratorium, for an
additional period as provided herein, so that the City Plan is able to be completed and
implemented.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. That Section 8 "Term," of Ordinance No. 97-22, as amended by
Ordinance No. 98-08, is hereby further amended to read as follows:1
Section 8. Term.
The moratorium imposed by this Ordinance is temporary
and shall be effective until November I, !998 February
1, 1999, unless dissolved earlier by the City
Commission. Further, the moratorium shall
automatically dissolve upon the adoption of the City
Plan, the formulation and adoption of which shall be
expeditiously pursued.
Section 2. 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 3. .Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Commissioner Rogers-Libert, who moved
its adoption on first reading. The motion was seconded by Vice Mayor Holzberg, and upon
~ Underline indicates addition to existing text; .......... ~nd~cates deletions.
being put to a vote, the vote was as follows:
Commissioner Arthur Berger yes
Commissioner Jay R. Beskin yes
Commissioner Ken Cohen yes
Commissioner Patricia Rogers-Libert yes
Commissioner Jeffrey M. Perlow yes
Vice-Mayor Harry Holzberg yes
Mayor Arthur I. Snyder yes
The foregoing Ordinance was offered by Commissioner Sesld_n , who moved
its adoption on second reading. The motion was seconded by Commissioner
]]erger , and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger yes
Commissioner Jay R. Beskin ),es
Commissioner Ken Cohen yes
Commissioner Patricia Rogers-Libert absent
Commissioner Jeffrey M. Perlow
Vice-Mayor Harry Holzberg yes
Mayor Arthur I. Snyder yes
PASSED AND ADOPTED on first reading this 6th day of October, 1998
second readi this 17th day ovember, 1998.
/~'"I~UR i. SNY/I~'ER, IVy'10
A'I-I'EST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO FORM A~D
LEGAL SUFFICIENCY: /
CITY A'I-FORNEY