2003-09ORDINANCE NO. 2003-09
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE COMPREHENSIVE MASTER PLAN BY
AMENDING THE FUTURE LAND USE MAP
DESIGNATION FOR PROPERTY LOCATED ON NE 28
COURT AT NE 185 STREET, MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A", FROM BUSINESS AND
OFFICE TO MEDIUM HIGH DENSITY RESIDENTIAL;
PROVIDING FOR TRANSMITTAL TO THE AGENCIES AS
REQUIRED UNDER CHAPTER 163, PART II, FLORIDA
STATUTES; AND 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 Plan designated the subject property
Business and Office; and
WHEREAS, the owner has made application to the City to change the land use
designation from Business and Office to Medium High Density Residential; and
WHEREAS, the City Commission agreed
designation on the subject property, conditioned
amendment; and
to approve a residential zoning
upon the acceptance of a Plan
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; 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 Medium High Density Residential; 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
Ordinance No. 2003- 09
Page 2
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 designations of three tracts of land described as Tracts A, B and C on
Exhibit "A" to this ordinance, totaling 8.36 gross acres located on NE 28 Court and
having Folio Numbers 28-2203-000-0271, 28-2203-000-0284 and 28-2203-000-0231
are hereby changed from Business and Office to Medium High Density Residential.
Section 3. Contribution. As voluntarily stipulated to by the Applicant and
accepted by the Commission, applicant shall pay to City a supplemental impact fee of
$125,000 to be used by the City for the City's Charter School program or at City's sole
discretion, transferred by City to the County School Board. This contribution shall be
payable to City at the time of issuance of building permits for residential units and shall
be paid in the same proportion to which each permit issued bears to the total number of
dwelling units authorized by City.
Section 4. 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.
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Ordinance No. 2003- 09
Page 3
Section 5. 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 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 6. Transmittal. The City Clerk is directed to transmit the amendment
to the State of Florida Department of Community Affairs and other agencies as
provided under Chapter 163, Part II of the Florida Statutes.
Section 7. Effective Date. This Ordinance shall be effective pursuant to
Chapter 163 of the Florida Statutes.
The foregoing Ordinance was offered by Commissioner Diamond, who moved its
adoption on first reading. This motion was seconded by Vice Mayor Grossman and
upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Robert Diamond
Commissioner Harry Holzberg
Vice Mayor Manny Grossman
Mayor Jeffrey M. Perlow
yes
yes
yes
yes
yes
yes
yes
The foregoing Ordinance was offered by Commissioner Beskin, who moved its
adoption on second reading. This motion was seconded by Commissioner Diamond,
and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Robert Diamond
Commissioner Harry Holzberg
Vice Mayor Manny Grossman
Mayor Jeffrey M. Perlow
yes
yes
yes
yes
yes
yes
yes
3
Ordinance No. 2003- 09
Page 4
PASSED on first reading on this 1st day of July, 2003.
PASSED AND ADOPTED on this 2nd day of September, 2003.
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~A M. SO.,,RO
;LERK (~,~,
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APPROVe ~SUFFICIENGY:
CITY ATTORNEY
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,,,Exhibit A to Ordinance No. 2003-
LEGAL DESCRIPTION:
Tract A:
The North 310.B6 feet. of the followin(] described property:
A portion of the Southwest 1/4 of Fmatlonal. Section 3. Township 52 South. Range 4-2 East. Miomi--Oode
County. Florida, being more particularly described os follows:
Begin at the Southwest comer of the Northwest 3/4 of the Southeast I/4 of the Sou~west 1/¢ of said
FrsC§onol section 3; thence N 89'59'25' W. along the South line of the Northeast 1/4 of the Southwest I/~. of
the Southwest 1/4., of-sold Section 3. for 80.21 feet; thence N 0-01'45" E for ,310.86 feet to o point on o
curve (sold point bears S 0'8'15" W from the radius point of the next described cimulor curve); thence
Southeasterly. along o cJrcular curve to the left (concave .to the Northeast). having a radius of 694.69 feet and
a central angle of 0'6'30' for an arc distance of 1.51 feet to o point of tongenc3c' thence S 89'58'15' F_. along
a line parallel with and 20.00 feet South of as measured at right angles to. the North line of the South I/2 of
the Northwest 1/4, of the Southeast 1/4 of the Southwest 1/4 of ~ Section .3. for 431.94 feet; thence
S 0'00'4~' W. along the Westerly right-of-way llne of NE 281h
in 0ftic~31 Records Book 6088. Page 160 of the Pubrm Records Court and its So~then¥ i:)l~)~3ngation os recorded
of I~mmi--Oode County. I'lorido. for 760.62 feet;
thence N 89'59'25' W. along a Fmc parallel with and 449.g1 feet South of. os meosurcd at right angles to the
North llne of the Southwe~ 1/4 of the Southwest 1/4 of the Southeast 1/4 'of sold Section .3. for 346.87
· feet;, thence N 0-46'52' W. alone the East line of the ~S~?h. w.ee't 1/4 of the Southwest 1/4. of s~d Section 5.
for 449.95 feet {o the POINT O~ BEGINNING. lying and acing m M'~rni--D~de County. Florida
Trsct B: - '
The South 44g.91 feet. of the foBowing described property:.
A portion of the Southwest 1/4 of Fractional. Sectlo~ 3. Tow.nshlp 5:2 South. Range 42 East. M'mrni--Dode
County.-Florida. being more perticuloriy descn'bed os follows:
={e~n ~t the Southwest corner of the Northwest 1/4 of the Southeast !/4 of the Southwest 1/4 of sold
'octlonol section .3; thence N 89'59'25= W. along the South llne of Ute Northeast I/4 of the Southwest 1/4 of
(he Southwest 1/4. of sold Section 3. for 80.21 feet; thence N O'01'45' E for .310.66 feet to o point .on a
curve (sold point bears S 0'8'15' W from the rudlus point of the nest described circular curve); thee, tce
SouthessteHy. along o clrcufl3r curve to the left (concave to the Northeast), having a radius of 694.69 feet and
a cenb'ol angle of 0-6',~0" for an arc cr~stonce of 1.31 feet to a po~nt of tongency; thence S 89',58~15' E. along
a line jxlrollei with and 20.00 feet South of as meosurcd at right angles to. the u-.aa, ....... .~ * x
the Northwest 1/4- of the Soatheost 1/4 of . .~.,~, ..e o, me ~outh ,/2 of
the Southwest 1/4 of ~ Section `3. for 431.94 feet; thence
S 0'00'45" W. along the Westerly r~Jht-of-woy Eno at NE 281h
in Officlol Records I~ook 6088. ~age 160 of the Public R __~ce~,d~ Court end its ~ _prolongation es ~,~xxled
of M~--O~3de Florldo. for 760.62 feet;
thence N 89'59-25# W. along o Eno parc#e] with and 449.91 feet South of. os measured at right angles to the
North line of the Southwest 1/4 of the Southwest 1/4 of the Soathwest 1/4 of sold Section 3. for 346.87
feet; thence N 0'46'52" W. alon~ the East line of'the Southwest 1/4 of the Southwest i/4.
far 449.9.5 feet to the POINT O~ BEGINNING. lying and being in M'~a"nl--0~de C~unty. Florldo. of sold Section .3.
Tract C:
^ portion of the East 1/2 of the Southwest i/4 of th~ Sout~t 1/4 of the Southwest I/4 of Fmctlonol
Section 3. Township 52 South. Range 42 East. Miami--Dodo County. Florid0. being more particularly descn"bed os
Commence at the Northwest comer of the East I/2 of the Southwest 1/4 of the Southwest 1/4 of the
southwest 1/4 of said Fractional Section 3. thence run S 89'59'25 E olon~ the North boundmy of the East 1/2
of the Southwest !/4 of the Southeast 1/4 of the Soath.amst !/4 of ~ Froct~l Section 3. o d*=tonce of
n E.~ ~i~h.t--of~wo¥ boundary of Northeast 281h Court os
Page 160 of the Public Records of Miami-~ Cou,,h, c,-~te-m~be~- ~0:. ~g68, m Ofrx:ial Records 8oak 6088,
_.~, ~,~,-o, o~ng me PO4NT OF BE~NNING of the porael of
land hereinafter to be desen'bed; thence run $ 0'00'45= W olon~ the aforesaid described line, a distance of
.3til.28 feet to the point of intersection with o line that is 300 feet North of end poraliel to the South boundary
of the East 3/2 of the Southwest t/4 of the Southenst 3~4 of the Southwest 3/4 of eoid Fractional Section .3;
thence mn N 8g'57'54= E along the last deson"eed line, a cfistonce of 200.28 feet to o point, sold point being
~S.-?F?e.t. W~t_.of the East ~oundo~ .of the Soathweet ~/4 of the Southso=t ~/4 of the-~.~thw~t ~/4 Of
~t rocaono~ .5, thence ruo N 0'00 45 E along o llne that is 200.28 feet East of oed poralisl to the sold
boundary of No~heost 28th court, o distance of 36L18 feet to the Ix~nt of intersectico ~ith the North
· ~undory of the Southweet 1/4 of the Soatheest I/4 of the Southwest I/4 of eeid Fractional Section .3, thence
run N 89'59'25' ~ along the lost desc-n~oed line, o distance of 200;28 feet to the POINT OF BEGINNING.