2009-38RESOLUTION NO. 2009-38
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL
TO ALLOW AN ABOVEGROUND EMERGENCY FUEL STORAGE
TANK IN THE MULTIFAMILY MEDIUM DENSITY RESIDENTIAL
(RMF3) DISTRICT AND GRANTING VARIANCE FROM SECTION 31-
143(D)(4) OF THE CITY CODE TO ALLOW A 1,000 GALLON
CAPACITY SIZE OF TANK, WHERE A MAXIMUM TANK SIZE OF 550
GALLONS IS PERMITTED BY CODE, FOR MIAMI-DADE COUNTY
WATER PUMPING STATION #464 AT 3601 NE 207 STREET, CITY OF
AVENTURA; AND, GRANTING CONDITIONAL USE APPROVAL TO
ALLOW AN ABOVEGROUND EMERGENCY FUEL STORAGE TANK
IN THE MULTIFAMILY HIGH DENSITY RESIDENTIAL (RMF4)
DISTRICT AND GRANTING VARIANCE FROM SECTION 31-143(F)(4)
OF THE CITY CODE TO ALLOW A 1,000 GALLON CAPACITY SIZE
OF TANK, WHERE A MAXIMUM TANK SIZE OF 550 GALLONS IS
PERMITTED BY CODE, FOR MIAMI-DADE COUNTY WATER
PUMPING STATION #475 AT 3650 NE 213 STREET, CITY OF
AVENTURA; AND, GRANTING VARIANCE FROM SECTION 31-
144(F)(6) OF THE CITY CODE TO ALLOW A 4,000 GALLON
CAPACITY ABOVE GROUND EMERGENCY FUEL STORAGE TANK
IN THE MEDICAL OFFICE (MO) DISTRICT, WHERE A MAXIMUM
TANK SIZE OF 550 GALLONS IS PERMITTED BY CODE, FOR MIAMI-
DADE COUNTY WATER PUMPING STATION #424 AT 21101 NE 28
AVENUE, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the property described herein in Exhibit "A" is zoned Multifamily
Medium Density Residential (RMF3) District; the property described herein in Exhibit "B"
is zoned Multifamily High Density Residential District (RMF4) and the property
described herein in Exhibit "C" is zoned Medical Office (MO) District; and
WHEREAS, the applicant, Miami Dade County Water and Sewer Department,
through Applications No. 01-CU-09 and 01-VAR-09 is requesting conditional use
approval pursuant to Section 31-143(d)(4) and Section 31-143(f)(4) of the City Code to
allow an aboveground emergency fuel storage tank in the Multifamily Medium Density
Resolution No. 2009-38
Page 2
Residential (RMF3) District and in the Multifamily High Density Residential (RMF4)
District respectively ;variance from Section 31-143(d)(4) to allow a 1,000 gallon
aboveground emergency fuel storage tank where a maximum tank size of 550 gallons
is permitted by Code; variance from Section 31-143(f)(4) to allow a 1,000 gallon
aboveground emergency fuel storage tank where a maximum tank size of 550 gallons
is permitted by Code; and variance from Section 31-144(f)(6) to allow a 4,000 gallon
aboveground emergency fuel storage tank where a maximum size of 550 gallons is
permitted by Code, all for its water pumping stations at 3601 NE 207 Street, 3650 NE
213 Street and 21101 NE 28 Avenue, respectively, City of Aventura; and
WHEREAS, following proper notice, the City Commission has held a public
hearing as provided by law; and
WHEREAS, the City Commission finds that the Application meets the criteria of
the applicable codes and ordinances, to the extent the Application is granted herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Application for Conditional Use to allow an aboveground emergency
fuel storage tank in the Multifamily Medium Density Residential (RMF3) District and
Variance from Section 31-143(d)(4) to allow a 1,000 gallon size of tank, where a
maximum tank size of 550 gallons is permitted by code, is hereby granted, subject to
the conditions set out in this Resolution, on property legally described in Exhibit "A" to
this Resolution and known as municipal address 3601 NE 207 Street, City of Aventura.
Section 2. Application for Conditional Use to allow an aboveground
emergency fuel storage tank in the Multifamily High Density Residential (RMF4) District
Resolution No. 2009-38
Page 3
and Variance from Section 31-143(f)(4) to allow a 1,000 gallon size of tank, where a
maximum tank size of 550 gallons is permitted by code, is hereby granted, subject to
the conditions set out in this Resolution, on property legally described in Exhibit "B" to
this Resolution and known as municipal address 3650 NE 213 Street, City of Aventura.
Section 3. Application for Variance from Section 31-144(f)(6) to allow a 4,000
gallon aboveground emergency fuel storage tank, where a maximum tank size of 550
gallons is permitted by Code is hereby granted, subject to the conditions set out in this
Resolution, on property legally described in Exhibit "C" to this Resolution and known as
municipal address 21101 NE 28 Avenue, City of Aventura.
Section 4. Approval of the requests above is subject to the following conditions:
1. Building permits shall be obtained within 12 months of the date of this Resolution,
failing which this approval shall be deemed null and void. The City Commission
may, by resolution or motion at a regular meeting, grant one extension of up to six
months for good cause shown by the applicant and upon written request for such
extension by the applicant within the initial 12 month approval period.
2. Any discontinuation of the approved conditional use for a period of 180 consecutive
days shall constitute abandonment and shall rescind the approval of the conditional
use.
3. Plans shall comply with those submitted as follows:
Pump Station No. 464 described in Exhibit "A"•
• "Pump Station No. 464", Boundary Survey, Sheet 1 Of 1, prepared by Calvin,
Giordano & Assoc., Inc., received 7/14/09, signed and sealed 4/2/08.
• "MDWSD Pumping Station Modifications -Pumping Station No. 464", Cover Sheet,
prepared by Calvin Giordano & Assoc., Inc., signed and sealed 7/13/09.
• "MDWSD Pumping Station Modifications -Pumping Station No. 464", Site Plan &
Sections, Sheet SP103, prepared by Calvin Giordano & Assoc., Inc., signed and
sealed 7/13/09.
• "MDWSD Pumping Station Modifications -Pumping Station No. 464", Details &
Sections, Sheet SP501, prepared by Calvin Giordano & Assoc., Inc., signed and
sealed 7/13/09.
Resolution No. 2009-38
Page 4
• "MDWSD Pumping Station Modifications -Pumping Station No. 464", Paving,
Grading and Drainage Plan, Sheet C-103, prepared by Calvin Giordano & Assoc.,
Inc., signed and sealed 6/19/08.
• "MDWSD Pumping Station Modifications -Pumping Station No. 464", Preservation
Plan &Notes-Planting Plan & Plant List, Sheet L-103, prepared by Calvin Giordano
& Assoc., Inc., signed and sealed 7/13/09.
• "MDWSD Pumping Station Modifications -Pumping Station No. 464", Typical
Planting Details, Sheet L-500, prepared by Calvin Giordano & Assoc., Inc., signed
and sealed 7/13/09.
Pump Station No. 475 described in Exhibit "8":
• "Pump Station No. 475", Boundary Survey, Sheet 1 Of 1, prepared by Calvin,
Giordano & Assoc., Inc., received 7/14/09, signed and sealed 4/2/08.
• "MDWSD Pumping Station Modifications -Pumping Station No. 475", Cover Sheet,
prepared by Calvin Giordano & Assoc., Inc., signed and sealed 7/13/09.
• "MDWSD Pumping Station Modifications -Pumping Station No. 475", Site Plan &
Sections, Sheet SP101, prepared by Calvin Giordano & Assoc., Inc., signed and
sealed 7/13/09.
• "MDWSD Pumping Station Modifications -Pumping Station No. 475", Details &
Sections, Sheet SP501, prepared by Calvin Giordano & Assoc., Inc., signed and
sealed 7/13/09.
• "MDWSD Pumping Station Modifications -Pumping Station No. 475", Paving,
Grading and Drainage Plan, Sheet C-101, prepared by Calvin Giordano & Assoc.,
Inc., signed and sealed 6/19/08.
• "MDWSD Pumping Station Modifications -Pumping Station No. 475", Preservation
Plan &Notes-Planting Plan & Plant List, Sheet L-101, prepared by Calvin Giordano
& Assoc., Inc., signed and sealed 7/13/09.
• "MDWSD Pumping Station Modifications -Pumping Station No. 475", Typical
Planting Details, Sheet L-500, prepared by Calvin Giordano & Assoc., Inc., signed
and sealed 7/13/09.
Pump Station No. 424 described in Exhibit "C":
• "Pump Station No. 424", Boundary Survey, Sheet 1 Of 1, prepared by Calvin,
Giordano & Assoc., Inc., received 7/14/09, signed and sealed 4/2/08.
• "MDWSD Pumping Station Modifications -Pumping Station No. 424", Cover Sheet,
prepared by Calvin Giordano & Assoc., Inc., signed and sealed 7/13/09.
• "MDWSD Pumping Station Modifications -Pumping Station No. 424", Site Plan &
Sections, Sheet SP102, prepared by Calvin Giordano & Assoc., Inc., signed and
sealed 7/13/09.
• "MDWSD Pumping Station Modifications -Pumping Station No. 424", Details &
Sections, Sheet SP501, prepared by Calvin Giordano & Assoc., Inc., signed and
sealed 7/13/09.
Resolution No. 2009-38
Page 5
• "MDWSD Pumping Station Modifications -Pumping Station No. 424", Details &
Sections, Sheet SP502, prepared by Calvin Giordano & Assoc., Inc., signed and
sealed 7/13/09.
• "MDWSD Pumping Station Modifications -Pumping Station No. 424", Paving,
Grading and Drainage Plan, Sheet C-102, prepared by Calvin Giordano & Assoc.,
Inc., signed and sealed 6/19/08.
• "MDWSD Pumping Station Modifications -Pumping Station No. 424", Preservation
Plan &Notes-Planting Plan & Plant List, Sheet L-102, prepared by Calvin Giordano
& Assoc., Inc., signed and sealed 7/13/09.
• "MDWSD Pumping Station Modifications -Pumping Station No. 424", Typical
Planting Details, Sheet L-500, prepared by Calvin Giordano & Assoc., Inc., signed
and sealed 7/13/09.
Section 5. The City Manager is authorized to cause the issuance of permits in
accordance with the approvals and conditions herein provided and to indicate such
approvals and conditions upon the records of the City.
Section 6. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Vice Mayor Holzberg, who moved its
adoption. The motion was seconded by Commissioner Weinberg, and upon being put
to a vote, the vote was as follows:
Commissioner Zev Auerbach yes
Commissioner Bob Diamond yes
Commissioner Billy Joel yes
Commissioner Michael Stern yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Teri Holzberg yes
Mayor Susan Gottlieb yes
Resolution No. 2009-38
Page 6
PASSED AND ADOPTED this 1St day of Septe ber, 20 9.
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AN GOTTLI AYOR
ATT ST: In' ;
Y~
ESA M. S O , MMC
I Y CLERK
APPROVED AS ~TO~L^EG L SUFF~2'f~NCY:
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CITY ATTORNEY
This F~ssolution was filed in the Office of the City Clerk this 1St day of September, 2009.
CLERK
Resolution No. 2009-38
Page 7
Exhibit "A"
Legal Description of Pumping Station #464
3601 NE 207 Street, City of Aventura
Tract "G", "The Waterways -Section 2", according to the plat thereof as recorded in
Plat Book 122, Page 87, of the Public Records of Miami-Dade County, Florida
Said lands lying in the City of Aventura, Miami-Dade County, Florida, and containing
2,500 square feet or 0.0574 acres more or less.
Resolution No. 2009-38
Page 8
Exhibit "B"
Legal Description of Pumping Station #475
3650 NE 213 Street, City of Aventura
Tract "P", "The Waterways -Section 4", according to the Plat thereof as recorded in
Plat Book 126, Page 41 of the Public Records of Miami-Dade County
Said lands lying in the City of Aventura, Miami-Dade County, Florida and containing
2,503 square feet or 0.0575 acres, more or less.
Resolution No. 2009-38
Page 9
Exhibit "C"
Legal Description of Pumping Station #424
21101 NE 28 Avenue, City of Aventura
The west 145.0 feet of the south 90.97 feet of Lot 3, Block 3 of the subdivision of
Section 34, Township 51 South, Range 42 East as shown on "Map of the Town of
Hallandale", according to the plat thereof as recorded in Plat Book B, Page 13, of the
Public Records of Miami-Dade County, Florida, less therefrom the west 25.00 feet for
right of way
Said lands lying in the City of Aventura, Miami-Dade County, Florida and containing
10,920 square feet or 0.2507 acres, more or less.