98-017 RESOLUTION NO. 98-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AUTHORIZING THE
ERECTION, CONSTRUCTION AND OPERATION OF A
GOVENMENTAL FACILITY AS A DESIGNATED
PERMITTED USE IN A ZONING DISTRICT ON THOSE
CERTAIN PARCELS OF LAND AS DESCRIBED IN
EXHIBIT "A" ATTACHED HERETO LOCATED AT THE
NORTHEAST CORNER OF WEST COUNTRY CLUB
DRIVE AND NE 190 STREET AND A CONTIGUOUS
PARCEL OF LAND LOCATED SOUTH OF NE 190
STREET IN THE CITY OF AVENTURA, OTHERWISE
KNOWN AS FOUNDER'S PARK; PROVIDING FOR
RELEASE OF RESTRICTIONS; PROVIDING FOR
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, Section 8.03 of the City Charter incorporates all code provisions,
ordinances and resolutions contained in the Code of Metropolitan Dade County (the
"County Code") on the date of the adoption of the City Charter; and
WHEREAS, the City of Aventura is desirous of providing a 12.65 acre public park for
the use and enjoyment of the residents of the City; and
WHEREAS, the property is presently designated as BU-2, Special Business
District and RU-4, High Density Apartment House District on the Official Zoning Map;
and
WHEREAS, the City of Aventura has initiated, through Application No. 01-REZ-98,
to authorize the erection, construction and operation of a governmental facility as a
designated permitted use in a zoning district on those certain parcels of land as
described in Exhibit "A" attached hereto located at the northeast corner of West
Resolution No. 98-17
Page 2
Country Club Drive and NE 190 Street and a contiguous parcel of land located south of
NE 190 Street in the City of Aventura, otherwise known as Founder's Park, and as
more clearly shown on the Location Sketch attached hereto as Exhibit "B"; and
WHEREAS, the City Council has held the required public hearings, duly noticed
in accordance with law and
WHEREAS, the City Council has been designated as the local planning agency
for the City pursuant to Section 163.3174, Florida Statutes; and
WHEREAS, the City Council has reviewed the action set forth in this Resolution
and has determined that such action is consistent with the Comprehensive Plan and
intended use of the land.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, THAT:
Section 1. That Application No. 01-REZ-98 is hereby granted and the City of
Aventura is hereby authorized to erect, construct and operate a governmental facility as
a designated permitted use in a zoning district, on those certain parcels of land as
described in Exhibit "A' attached hereto located at the northeast corner of West
Country Club Drive and NE 190 Street and a contiguous parcel of land located south of
2
Resolution No. 98-17
Page 3
NE 190 Street in the City of Aventura, otherwise known as Founder's Park, and as
more clearly shown on the Location Sketch attached hereto as Exhibit "B".
Section 2. Release of Restrictions. That restrictions upon the use and
development of the Property previously imposed pursuant to the regulatory
requirements of Miami-Dade County as the prior zoning authority, shall be released
and discharged, as to the specific property described in Exhibit "A" attached hereto,
upon the filing in the Official Records of Miami-Dade County of a Notice of Release by
the City Manager, in accordance with this Resolution.
Section 3. This Resolution shall be recorded in the Public Records of Dade
County, Florida.
Section 4. Severability. The provisions of this Resolution are declared to be
severable and if any section, sentence, clause or phrase of this Resolution 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 Resolution
but they shall remain in effect, it being the legislative intent that this Resolution shall
stand notwithstanding the invalidity of any part.
Section 5. Effective Date. This Resolution shall be effective immediately
upon its adoption.
3
Resolution No. 98-17
Page 4
The foregoing Resolution was offered by Councilmember ]Zo~ers-Libert , who
moved its adoption. The motion was seconded by Councilmember]~er~;e]: ,
and upon being put to a vote, the vote was as follows:
Councilmember Adhur Berger
Councilmember Ken Cohen yes
Councilmember Harry Holzberg yes
Councilmember Jeffrey M. Perlow yes
Councilmember Patricia Rogers-Libert yes
Vice Mayor Jay R. Beskin yes
Mayor Arthur I. Snyder yes
PASSED AND ADOPTED this 17th da~ ~,-
-ARTHUR I. SNYDEI~ MAYOR
ATTEST: ~ ~
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY'ATTORNEY
~ut~/~ wa~he Office of the City Clerk this ] o~ day of ~ 1998.
CITY CLERK
4
LEGAL DESCRIPTION:
TRACTS "Q" OF "MARINA DEL REY REVISED", AS RECORDED IN PLAT BOOK 144 AT
PAGE 89 OF THE DADE COUNTY PUBLIC RECORDS. DADE COUNTY, FLORIDA.
and
A PORTION OF TRACT JJ OF FIFTH ADDiTiON BISCAYNE YACHT AND COUNTRY
CLUB, ACCORDING TO THE PLAT THEREOF, AS RECORDED iN PLAT BOOK 99,
PAGE 20, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, BEING
DESCRIBED AS FOLLOWSz
BEGiNNiNG AT THE SOUTHWEST CORNER OF SAiD TRACT dJt THENCE NORTH
03°00'35'' ~ST ALONG THE WEST LiNE OF SAiD TRACT JJ FOR 293.46 FEET~
THENCE NORTH 81°46'45'' EAST FOR 135.49 FEET~ THENCE NORTH 73*25'35"
EAST FOR 610.11 FEET TO THE EAST LiNE OF SAiD TRACT JJ~ THENCE SOUTH
09°08'24~ t~ST ALONG THE EAST LiNE OF SAiD TRACT JJ FOR 465.95 FEET
TO THE SOUTHEAST CORNER OF SAiD TRACT JJ, THENCE SOUTH 87* 35' 46"
WEST ALONG THE SOUTH LiNE OF SAiD TRACT JJ FOR 630.00 FEET TO THE
POINT OF BEGINNING.
EXCEPT THAT PORTION OF TRACT JJ OF FIFTH ADDITION BISCAYNE YACHT AND
COUNTRY CLUB, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK 99, AT PAGE 20, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA,
DESCRIBED AS FOLLOWS~
COMMENCE AT THE N.W. CORNER OF SAiD TRACT JJ~ THENCE SOUTH 03*00'33"
EAST ALONG THE WEST LiNE OF SAiD TRACT JJ FOR 7.51 FEET TO A POINT
ON THE SOUTHERLY RIGHT OF WAY LiNE OF STATE ROAD 852~ THENCE NORTH
81°46'45~ EAST ALONG SAiD SOUTHERLY RIGHT OF WAY LiNE OF STATE ROAD
852 FOR 80.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND
HEREINAFTER DESCRiBEDt THENCE CONTINUE NORTH 81° 46' 45" EAST ALONG
SAID SOUTHERLY RIGHT OF WAY LiNE OF STATE ROAD 852 FOR 36.00 FEET~
THENCE SOUTH 08°13'15" EAST FOR 64.00 FEETt THENCE SOUTH 81°46'45''
WEST FOR 36.00 FEET~ THENCE NORTH 08* 13' 15" WEST FOR 64.00 FEET TO
THE POINT OF BEGiNNiNG.
EXHIBIT "A"
H
l AVENTURA MALL ~.~
(NOT TO SCALE)
-5 William Lehman Causeway
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Subject
Property
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EXHIBIT "B"
OFF. 18O t 913425
98R 119122 1998 MAR 16 16:21
RESOLUTION NO. 93-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AUTHORIZING THE
ERECTION, CONSTRUCTION AND OPERATION OF A
GOVENMENTAL FACILITY AS A DESIGNATED
PERMITTED USE IN A ZONING DISTRICT ON THOSE
CERTAIN PARCELS OF LAND AS DESCRIBED IN
EXHIBIT "A" ATTACHED HERETO LOCATED AT THE
NORTHEAST CORNER OF WEST COUNTRY CLUB
DRIVE AND NE 190 STREET AND A CONTIGUOUS
PARCEL OF LAND LOCATED SOUTH OF NE 190
STREET IN THE CITY OF AVENTURA, OTHERWISE
KNOWN AS FOUNDER'S PARK; PROVIDING FOR
RELEASE OF RESTRICTIONS; PROVIDING FOR
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, Section 8.03 of the City Charter incorporates all code provisions,
ordinances and resolutions contained in the Code of Metropolitan Dade County (the
"County Code") on the date of the adoption of the City Charter; and
WHEREAS, the City of Aventura is desirous of providing a 12.65 acre public park for
the use and enjoyment of the residents of the City; and
WHEREAS, the property is presently designated as BU-2, Special Business
District and RU-4, High Density Apartment House District on the Official Zoning Map;
and
WHEREAS, the City of Aventura has initiated, through Application No. 01-REZ-98,
to authorize the erection, construction and operation of a governmental facility as a
designated permitted use in a zoning district on those certain parcels of land as
described in Exhibit "A" attached hereto located at the northeast corner of West
F:FC. IO19'G3426
Resolution No. 98-17
Page 2
Country Club Drive and NE 190 Street and a contiguous parcel of land located south of
NE 190 Street in the City of Aventura, otherwise known as Founder's Park, and as
more clearly shown on the Location Sketch attached hereto as Exhibit "B"; and
WHEREAS, the City Council has held the required public hearings, duly noticed
in accordance with law; and
WHEREAS, the City Council has been designated as the local planning agency
for the City pursuant to Section 163.3174, Florida Statutes; and
WHEREAS, the City Council has reviewed the action set forth in this Resolution
and has determined that such action is consistent with the Comprehensive Plan and
intended use of the land.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, THAT:
Section 1. That Application No. 01-REZ-98 is hereby granted and the City of
Aventura is hereby authorized to erect, construct and operate a governmental facility as
a designated permitted use in a zoning district, on those certain parcels of land as
described in Exhibit "A" attached hereto located at the northeast corner of West
Country Club Drive and NE 190 Street and a contiguous parcel of land located south of
2
7: 18019'73427
Resolution No. 98-17
Page 3
NE 190 Street in the City of Aventura, otherwise known as Founder's Park, and as
more clearly shown on the Location Sketch attached hereto as Exhibit "B".
Section 2. Release of Restrictions. That restrictions upon the use and
development of the Property previously imposed pursuant to the regulatory
requirements of Miami-Dade County as the prior zoning authority, shall be released
and discharged, as to the specific property described in Exhibit "A" attached hereto,
upon the filing in the Official Records of Miami-Dade County of a Notice of Release by
the City Manager, in accordance with this Resolution.
Section 3. This Resolution shall be recorded in the Public Records of Dade
County, Florida.
Section 4. Severability. The provisions of this Resolution are declared to be
severable and if any section, sentence, clause or phrase of this Resolution 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 Resolution
but they shall remain in effect, it being the legislative intent that this Resolution shall
stand notwithstanding the invalidity of any part.
Section 5. Effective Date. This Resolution shall be effective immediately
upon its adoption.
3
n1K19?G34?-
Resolution No. 98-17
Page 4
The foregoing Resolution was offered by Councilmember Rogers-Libert , who
moved its adoption. The motion was seconded by CouncilmemberBerger .. -,
and upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger yes
Councilmember Ken Cohen yes
Councilmember Harry Holzberg yes
Councilmember Jeffrey M. Perlow yes
Councilmember Patricia Rogers-Libert yes
Vice Mayor Jay R. Beskin yes
Mayor Arthur I. Snyder yes
PASSED AND ADOPTED this 17th day of F-• uary, 1998.
/17
ARTHUR I. S DE , MAYOR
ATTEST:
a
leArda W 70
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
j ,' . - _
CITY'ATTORNEY
This Resolution wa fil-• in the Office of the City Clerk this i k day of • ■ , , 1998.
CITY CLERK
4
•
180 1973 429
LEGAL DESCRIPTION:
TRACTS "Q" OF "MARINA DEL REY REVISED", AS RECORDED IN PLAT BOOK 144 AT
PAGE 89 OF THE DADE COUNTY PUBLIC RECORDS, DADE COUNTY, FLORIDA.
and
A PORTION OF TRACT JJ OF FIFTH ADDITION BISCAYNE YACHT AND COUNTRY
CLUB, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 99,
PAGE 20, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, BEING
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID TRACT JJ; THENCE NORTH
03°00' 33 " WEST ALONG THE WEST LINE OF SAID TRACT JJ FOR 293 . 46 FEET:
THENCE NORTH 81 °46 ' 45 " EAST FOR 135. 49 FEET: THENCE NORTH 73°25 '35 "
EAST FOR 610. 11 FEET TO THE EAST LINE OF SAID TRACT JJ: THENCE SOUTH
09°08 ' 24 " WEST ALONG THE EAST LINE OF SAID TRACT JJ FOR 465. 95 FEET
TO THE SOUTHEAST CORNER OF SAID TRACT JJ; THENCE SOUTH 87° 35' 46 "
WEST ALONG THE SOUTH LINE OF SAID TRACT JJ FOR 630. 00 FEET TO THE
POINT OF BEGINNING.
EXCEPT THAT PORTION OF TRACT JJ OF FIFTH ADDITION BISCAYNE YACHT AND
COUNTRY CLUB, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK 99, AT PAGE 20, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA,
DESCRIBED AS FOLLOWS:
COMMENCE AT THE N. W. CORNER OF SAID TRACT JJ: THENCE SOUTH 03°00'33 "
EAST ALONG THE WEST LINE OF SAID TRACT JJ FOR 7. 51 FEET TO A POINT
ON THE SOUTHERLY RIGHT OF WAY LINE OF STATE ROAD 852; THENCE NORTH
81 °46 ' 45 " EAST ALONG SAID SOUTHERLY - IGHT OF WAY LINE OF STATE P^"n
852 FOR 80. 00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND
HEREINAFTER DESCRIBED: THENCE CONTINUE NORTH 81 ° 46' 45 " EAST ALONG
SAID SOUTHERLY RIGHT OF WAY LINE OF STATE ROAD 852 FOR 36. 00 FEET:
THENCE SOUTH 08° 13 ' 15 " EAST FOR 64 . 00 FEET: THENCE SOUTH 81 °46 ' 45 "
WEST FOR 36. 00 FEET: THENCE NORTH 08° 13 ' 15 " WEST FOR 64 . 00 FEET TO
THE POINT OF BEGINNING.
EXHIBIT "A"
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EXHIBIT "B"
• _ PfF. 1 913 43 I RE%vkg TD : CITY Or AVENTURA
�,�.i I �O OFFICE OF THE CITY CLERK
\1"/, 2999 NE 191 STREET
`l\ . CITY OF AVENTURA AvEtvTURAE FL.500
33180
GOVERNMENT CENTER
* ` * 2999 N.E. 191ST STREET
SUITE 500
AVENTURA, FLORIDA 33180
er
ARTHUR I. SNYDER
MAYOR
JAY R. BESKIN
VICE MAYOR
COUNCILMEMBERS
ARTHUR BERGER
CERTIFICATION KEN COHEN
HARRY HOLZBERG
PATRICIA ROGERS-LIBERT
JEFFREY M. PERLOW
ERIC M. SOROKA
CITY MANAGER
I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF
RESOLUTION NO. 98-17 ADOPTED BY THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA ON FEBRUARY 17, 1998.
DATED THIS 18th DAY OF FEBRUARY, 1998.
-cj or i,:;zE,C,OUIN NOTr,CFLL,A O-R 1DA 6GURDS BOCK
HECORD vEft1FIED
HARVEY RUVIM
a tO
wright
utr•R',femur!.
TERESA M. SMITH, CMC
• CITY CLERK
PHONE: 305-466-8900 • FAX: 305-466-8939