Aventura To Vote On Construction Moratorium Tuesday
Written by Claudio Mendonca on June 2, 2005
By Claudio Mendonca
Aventura could curtail new development beginning next week.
City commissioners will vote Tuesday on a proposal to halt construction east of Biscayne Boulevard. If passed, the ordinance would be effective immediately.
Under the ordinance, construction would be prohibited for six months. Exceptions would be that for government facilities, office buildings not exceeding 10 stories, developments begun before the city’s 1995 incorporation, single-family homes and projects with site approval from the city.
"On June 7, we will have the second reading of the ordinance," said Aventura Mayor Susan Gottlieb. "The purpose is to allow is to review the master plan."
Two attorneys, she said, have told officials the moratorium guidelines are legal.
"When the City of Aventura was formed, it did not have a zoning code. At that time, we used Miami-Dade County’s regulations until 1999, when Aventura implemented its code," said Commissioner Bob Diamond.
Buildings west of US 1, where the medical district is located, won’t be affected.
Under the moratorium, construction would have to take place on a parcel of at least 1.5 acres. The measure was created to avoid the spawning of small medical buildings.
"The reason the moratorium applies only in part of the city is that there is a real estate explosion on the east side," said Mayor Gottlieb.
If the measure is approved, properties with applications on file with the city planning department but without site-plan approval would not receive permits unless a developer can prove it received vested rights from the county.
Projects that would be affected by the moratorium include Aventura Professional Tower, 18651 Biscayne Blvd.; Lincoln Pointe Apartments, 17900 NE 31st Court; Aventura Corporate Center, 20808 Biscayne Blvd.; Tamber School, 20400 NE 30th Ave.; Aventura Tower III, 3300 NE 191st St.; and Isla del Sol, 3560 NE 297th St.
The moratorium was proposed at the end of last year because residents were concerned with development and heavy traffic, officials said. In April, the Aventura city attorney conducted a public presentation to explain to city commissioners the legal aspects of a moratorium.
"Following the April workshop, the commission received a second opinion from independent attorney John Shubin," who agreed with the Aventura city attorney’s recommendations, said Commissioner Diamond.
"Attorneys were very meticulous and detailed determining the city’s legal rights," said Mr. Diamond. "We did everything within the limits of the law to create a proper moratorium."
Next week’s meeting will begin at 6 p.m. at the Aventura Government Center.