2011-47RESOLUTION NO. 2011 -47
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL
TO PERMIT A SYNAGOGUE ON PROPERTY LOCATED AT THE
SOUTHEAST CORNER OF NE 185 STREET AND NE 28 COURT, CITY
OF AVENTURA AND LEGALLY DESCRIBED AS TRACT "F", MERCO
AT AVENTURA, PLAT BOOK 166, PAGE 58, PUBLIC RECORDS OF
MIAMI -DADE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the property described herein is zoned RMF4, Multifamily High
Density Residential District; and
WHEREAS, the applicant, Lubavitch Center Aventura South Inc., through
Application No. 03 -CU -11 is requesting conditional use approval to permit the
establishment of a synagogue on its property located at the southeast corner of NE 185
Street and NE 28 Court, City of Aventura in the Multifamily High Density Residential
(RMF4) District; 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 permit the establishment of a
synagogue in the RMF4, Multifamily High Density Residential District, is hereby granted
to the Applicant, on property legally described as Tract F of Merco at Aventura,
Resolution No. 2011 -47
Page 2
according to the plat thereof recorded in Plat Book 166, Page 58 of the Public Records
of Miami -Dade County, City of Aventura, Florida.
Section 2. Approval of the use of a temporary modular structure for twenty -eight
months from the date of final approval of the conditional use application to house the
synagogue while construction of the permanent structure is underway, is hereby
granted, subject to the following conditions:
1. The temporary structure will be removed from the property within twenty -eight
(28) months from the date of final approval of the conditional use application;
2. The temporary structure will be constructed in substantial compliance with the
plans entitled "Lubavitch Aventura South" prepared by Schapiro Architects and
Fortin Leavy Skiles Inc. dated June 27, 2011;
3. The owner will submit an application for site plan approval to the City for the
permanent structures within two (2) months of final approval of the conditional
use application;
4. The owner will submit an application for building permit for the permanent
facility within four (4) months of the date of final administrative site plan
approval;
5. The owner will commence construction of the permanent synagogue structure
within thirteen (13) months of the date of final conditional use approval;
6. The temporary use approval will be revoked by the City for non - compliance
with any of the time frames for submission of the site plan application, for
submission of the building permit application and /or for commencement of
construction;
7. The owner will post a Removal Bond or Letter of Credit with the City, in the
amount of $28,500 to guarantee removal of the temporary structure within 28
months of the date of final approval of the conditional use application, or,
immediately upon revocation of the temporary use approval by the City for non-
compliance with the time frames listed in subsections (3), (4) and (5) above. If
not removed within that time limit, the City may draw upon the bond and have
the structure removed. The City shall be entitled to an administrative fee of
$5,000 for the removal process;
Resolution No. 2011 -47
Page 3
8. The owner will make no request for extension of the twenty -eight (28) month
time limit for the temporary use;
9. The owner will contract with the Aventura Police Department, at its expense,
for pedestrian and vehicular control during the high holy days. The dates and
times for use of the Aventura Police Department for this purpose shall be
provided to the City Manager;
10. Prior to issuance of a building permit for the temporary structure, the applicant
shall record a Restrictive Covenant on title, containing all the conditions above,
and shall provide the Removal Bond or Letter of Credit to the City, both in form
approved by the City Manager and City Attorney.
Section 3. Any discontinuation of the approved conditional use for a period of
one hundred and eighty (180) consecutive days shall constitute abandonment and shall
rescind this approval.
Section 4. 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 5. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner Diamond, who moved its
adoption. The motion was seconded by Commissioner Weinberg, and upon being put
to a vote, the vote was as follows:
Commissioner Bob Diamond
yes
Commissioner Teri Holzberg
yes
Commissioner Billy Joel
yes
Commissioner Michael Stern
yes
Commissioner Luz Urbaez Weinberg
yes
Vice Mayor Zev Auerbach
yes
Mayor Susan Gottlieb
yes
Resolution No. 2011 - q I
Page 4
PASSED AND ADOPTED this 12th day of July, 2011.
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SUSAN GOTTLIEB, Mayor
ATTE T:
T SA M. SORO MC
CI CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
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CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this z. day of July, 2011 0 1 LAIL -)A— Gl�'
C CLERK