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2013-46 RESOLUTION NO. 2013-46 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING APPROVAL OF A VARIANCE FROM SECTION 31-171(b) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW ELEVEN (11) PARKING SPACES, WHERE A MINIMUM OF EIGHTEEN (18) PARKING SPACES ARE REQUIRED BY CODE; AND VARIANCE PROM SECTION 31-221(i)(2) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A TWO (2) FOOT WIDE PERIMETER BUFFER STRIP ALONG THE WEST LIMIT OF THE VEHICULAR USE AREA, WHERE A MINIMUM SEVEN (7) FOOT WIDE PERIMETER BL. FFER STRIP IS REQUIRED BY CODE; AND VARIANCE FROM SECTION 31-221(i)(2) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A ZERO (0) FOOT WIDE PERIMETER BUFFER STRIP ALONG THE NORTH LIMIT OF THE VEHICULAR USE AREA, WHERE A MINIMUM SEVEN (7) FOOT WIDE PERIMETER BUFFER STRIP IS REQUIRED BY CODE; AND RELEASE OF PREVIOUSLY APPROVED RESOLUTIONS NOS. 98-5Q AND 2000-25; ALL FOR A PROPOSED 4400 SQUARE FOOT, ONE- STORY RETAIL BUILDING AT 17800 BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned B2, Community Business District; and WHEREAS, the applicant, Mazal 18 Development LLC, is requesting Variance from Section 31-171(b) of the City's Land Development Regulations to allow eleven (11) parking spaces where a minimum of eighteen (18) parking spaces are required by Code; and Variance from Section 31-221(i)(2) of the City's Land Development Regulations to allow a two (2) foot wide perimeter buffer strip along the west limit of the vehicular use area, where a minimum seven (7) foot wide perimeter buffer strip is required by Code; and Variance from Sec. 31-221(i)(2) to allow a 0 foot wide perimeter buffer strip along the north side of the vehicular use area, where a minimum 7 foot wide perimeter buffer strip is required by Code; and Release of previously approved City of Aventura Resolutions Nos. 98-50 and 2000-25; all for et proposed 4400 square foot, one-story retail building at 17800 Biscayne Boulevard, City of Aventura; and WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and Resolution No. 2013-46 Page 2 WHEREAS, the City Commission finds that the Variance Application meets the criteria of the applicable codes and ordinances, to the extent the Variance Application is granted herein; and WHEREAS, the City Commission finds that the previously approved Resolutions Nos. 98-50 and 2000-25 may be released as no longer applicable to the subject property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application for a Variance from Section 31-171(b) of the City's Land Development Regulations to allow eleven (11) parking spaces where a minimum of eighteen (18) parking spaces are required by Code; and Variance from Section 31- 221(i)(2) of the City's Land Development Regulations to allow a two (2) foot wide perimeter buffer strip along the west limit of the vehicular use area, where a minimum seven (7) foot wide perimeter buffer strip is required by Code; and Variance from Sec. 31-221(i)(2) to allow a 0 foot wide perimeter buffer strip along the north side of the vehicular use area, where a minimum 7 foot wide perimeter buffer strip is required by Code; all for a proposed 4400 square foot, one-story retail building at 17800 Biscayne Boulevard, City of Aventura, on property legally described as follows: Lots 11 and 12, less the east 33.75 feet thereof, of Maule Federal Highway Industrial Sites, according to the plat thereof as recorded in Plat Book 46, Page 55 of the Public Records of Miami-Dade County, Florida, City of Aventura is hereby granted, subject to the following conditions: 1. Plans shall substantially comply with those submitted as follows: • "Aventura Retail" Cover Sheet, Sheet A0.0, prepared by SKLARcitechture, dated 07/08/13, signed and sealed 8/20/13. • "Aventura Retail" Existing/Demo Site Plan, Sheet A1.1, prepared by SKLARcitechture, dated 05/13/13, signed and sealed. • "Aventura Retail" Site Plan, Sheet A1.2, prepared by SKLARcitechture, dated Resolution No. 2013-46 Page 3 07/08/13, signed and sealed 8/20/13. • "Aventura Retail" Proposed Floor Plan, Sheet A2.1, prepared by SKLARcitechture, dated 05/13/13, signed and sealed. • "Aventura Retail" Roof Plan, Sheet A3.1, prepared by SKLARcitechture, dated 05/13/13, signed and sealed. • "Aventura Retail" Elevations, Sheet A5.1, prepared by SKLARcitechture, dated 05/13/13, signed and sealed. • "Aventura Retail" Elevations, Sheet A5.2, prepared by SKLARcitechture, dated 05/13/13, signed and sealed. • "Aventura Retail" Sections, Sheet A6.1, prepared by SKLARcitechture, dated 05/13/13, signed and sealed. • "Aventura Retail" Elevations, Sheet PH1, prepared by SKLARcitechture, dated 05/13/13, signed and sealed. • "17800 Biscayne Blvd." Tree Disposition, Sheet L-1, prepared by Lushlife Exterior Decorators, dated 12/5/12, signed and sealed 8/19/13. • "17800 Biscayne Blvd." Landscape Plan, Sheet L-2, prepared by Lushlife Exterior Decorators, dated 12/5/12, signed and sealed 8/19/13. • "17800 Biscayne Blvd." Landscape Details, Sheet L-3, prepared by Lushlife Exterior Decorators, dated 12/5/12, signed and sealed 8/19/13. • "Aventura Retail" Paving, Grading and Drainage Plan, Sheet C100, prepared by Ocean Engineering, Inc., dated 11/28/12, signed and sealed 7/8/13. • "Aventura Retail" Paving, Grading and Drainage Plan, Sheet C200, prepared by Ocean Engineering, Inc., dated 11/28/12, signed and sealed 7/8/13. • "Aventura Retail" Drainage Details, Sheet C400, prepared by Ocean Engineering, Inc., dated 11/28/12, signed and sealed 7/8/13. • "17800 Biscayne Blvd." Sketch of Survey, Sheet 1 of 1, prepared by Cousins Surveyors &Assoc., Inc., dated 11/12/12, signed and sealed. 2. Permits shall be obtained within twelve (12) months of the date of the Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission. 3. Prior to issuance of a building permit, the applicant shall provide to the City: (i) A copy of this resolution as recorded in the Public Records of Miami-Dade County. All expenses of such recordation shall be borne by the applicant, and (ii) A copy of the Operation and Perpetual Easement Agreement regarding the four parking spaces and dumpster enclosure on the adjacent parcel, as recorded in the Public Records of Miami-Dade County. All expenses of such recordation shall be borne by the applicant, and Resolution No. 2013-46 Page 4 (iii) All necessary permits from the Florida Department of Transportation, Miami Dade Water and Sewer Department and any other agencies having jurisdiction for the proposed development, and (iv) A copy of the license agreement with the Florida East Coast Railway for the proposed parking area and landscaped area to the west of the parcel; such license agreement to continue on an annual basis. The applicant shall provide a copy of the annual renewal to the City. Section 2. Release of Resolutions Nos. 98-50 and 2000-25 is hereby granted. Section 3. 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 4. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Vice Mayor Stern, who moved its adoption. The motion was seconded by Commissioner Luz Weinberg, and upon being put to a vote, the vote was as follows: Commissioner Enbar Cohen yes Commissioner Teri Holzberg yes Commissioner Billy Joel yes Commissioner Howard Weinberg yes Commissioner Luz Urbaez Weinberg yes Vice Mayor Michael Stern yes Mayor Susan Gottlieb yes Resolution No. 2013-46 Page 5 PASSED AND ADOPTED this 1st day of October, 2013. tan Gottlieb, Mayor ATT ST: ALAIrt a.ESA M. S• 1,0 , MMC CLERK APPROVED AS TO LEG L SUFFICIENCY: ern CITY ATTORNEY ThilResolution w. file. in the Office of the City Clerk this 1st day of October, 2013. , ,C.1( . k- t11 CLERK • CFN 2u15R0774551,1111IL1111111111FI111111111111111111liillilt 85 6Pss RECORDED 12/08/2015 10:58:09 HARVEY RUVIN, CLERIC OF COURT, MACH--DADE COI_UNTY, FLORID(1 RESOLUTION NO. 2013-46 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING APPROVAL OF A VARIANCE FROM SECTION 31-171(b) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW ELEVEN (11) PARKING SPACES, WHERE A MINIMUM OF EIGHTEEN (18) PARKING SPACES ARE REQUIRED BY CODE; AND VARIANCE FROM SECTION 31-221(i)(2) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A TWO (2) FOOT WIDE PERIMETER BUFFER STRIP ALONG THE WEST LIMIT OF THE VEHICULAR USE AREA, WHERE A MINIMUM SEVEN (7) FOOT WIDE PERIMETER BUFFER STRIP IS REQUIRED BY CODE; AND VARIANCE FROM SECTION 31-221(i)(2) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A ZERO (0) FOOT WIDE PERIMETER BUFFER STRIP ALONG THE NORTH LIMIT OF THE VEHICULAR USE AREA, WHERE A MINIMUM SEVEN (7) FOOT WIDE PERIMETER BUFFER STRIP IS REQUIRED BY CODE; AND RELEASE OF PREVIOUSLY APPROVED RESOLUTIONS NOS. 98-50 AND 2000-25; ALL FOR A PROPOSED 4400 SQUARE FOOT, ONE- STORY RETAIL BUILDING AT 17800 BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned B2, Community Business District; and WHEREAS, the applicant, Mazal 18 Development LLC, is requesting Variance from Section 31-171(b) of the City's Land Development Regulations to allow eleven (11) parking spaces where a minimum of eighteen (18) parking spaces are required by Code; and Variance from Section 31-221(i)(2) of the City's Land Development Regulations to allow a two (2) foot wide perimeter buffer strip along the west limit of the vehicular use area, where a minimum seven (7) foot wide perimeter buffer strip is required by Code; and Variance from Sec. 31-221(i)(2) to allow a 0 foot wide perimeter buffer strip along the north side of the vehicular use area, where a minimum 7 foot wide perimeter buffer strip is required by Code; and Release of previously approved City of Aventura Resolutions Nos. 98-50 and 2000-25; all for proposed 4400 square foot, one-story retail building at 17800 Biscayne Boulevard, City of Aventura; and WHEREAS, following proper notice, the City Commission has held a • , co Nry C CLERK hearing as provided by law; and i • • 5, 40'40E CODA\y'. Resolution No. 2013-46 Page 2 WHEREAS, the City Commission finds that the Variance Application meets the criteria of the applicable codes and ordinances, to the extent the Variance Application is granted herein; and WHEREAS, the City Commission finds that the previously approved Resolutions Nos. 98-50 and 2000-25 may be released as no longer applicable to the subject property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application for a Variance from Section 31-171(b) of the City's Land Development Regulations to allow eleven (11) parking spaces where a minimum of eighteen (18) parking spaces are required by Code; and Variance from Section 31- i 221(i)(2) of the City's Land Development Regulations to allow a two (2) foot wide perimeter buffer strip along the west limit of the vehicular use area, where a minimum seven (7) foot wide perimeter buffer strip is required by Code; and Variance from Sec. 31-221(i)(2) to allow a 0 foot wide perimeter buffer strip along the north side of the vehicular use area, where a minimum 7 foot wide perimeter buffer strip is required by Code; all for a proposed 4400 square foot, one-story retail building at 17800 Biscayne Boulevard, City of Aventura, on property legally described as follows: Lots 11 and 12, less the east 33.75 feet thereof, of Maule Federal Highway Industrial Sites, according to the plat thereof as recorded in Plat Book 46, Page 55 of the Public Records of Miami-Dade County, Florida, City of Aventura is hereby granted, subject to the following conditions: 1 . Plans shall substantially comply with those submitted as follows: • "Aventura Retail" Cover Sheet, Sheet A0.0, prepared by SKLARcitechture, d- -• 07/08/13, signed and sealed 8/20/13. couNwr • "Aventura Retail" Existing/Demo Site Plan, Sheet A1.1, pre'- d "E c% SKLARcitechture, dated 05/13/13, signed and sealed. N • "Aventura Retail" Site Plan, Sheet A1.2, prepared by SKLARcitechtyr . . -a N GOD Wi M051 O`er 410E cQO" I Resolution No. 2013-46 Page 3 07/08/13, signed and sealed 8/20/13. • "Aventura Retail" Proposed Floor Plan, Sheet A2.1, prepared by SKLARcitechture, dated 05/13/13, signed and sealed. • "Aventura Retail" Roof Plan, Sheet A3.1, prepared by SKLARcitechture, dated 05/13/13, signed and sealed. • "Aventura Retail" Elevations, Sheet A5.1, prepared by SKLARcitechture, dated 05/13/13, signed and sealed. • "Aventura Retail" Elevations, Sheet A5.2, prepared by SKLARcitechture, dated 05/13/13, signed and sealed. • "Aventura Retail" Sections, Sheet A6.1, prepared by SKLARcitechture, dated 05/13/13, signed and sealed. • "Aventura Retail" Elevations, Sheet PH 1, prepared by SKLARcitechture, dated 05/13/13, signed and sealed. • "17800 Biscayne Blvd." Tree Disposition, Sheet L-1, prepared by Lushlife Exterior Decorators, dated 12/5/12, signed and sealed 8/19/13. • "17800 Biscayne Blvd." Landscape Plan, Sheet L-2, prepared by Lushlife Exterior Decorators, dated 12/5/12, signed and sealed 8/19/13. • "17800 Biscayne Blvd." Landscape Details, Sheet L-3, prepared by Lushlife Exterior Decorators, dated 12/5/12, signed and sealed 8/19/13. • "Aventura Retail" Paving, Grading and Drainage Plan, Sheet C100, prepared by Ocean Engineering, Inc., dated 11/28/12, signed and sealed 7/8/13. • "Aventura Retail" Paving, Grading and Drainage Plan, Sheet C200, prepared by Ocean Engineering, Inc., dated 11/28/12, signed and sealed 7/8/13. • "Aventura Retail" Drainage Details, Sheet C400, prepared by Ocean Engineering, Inc., dated 11/28/12, signed and sealed 7/8/13. • "17800 Biscayne Blvd." Sketch of Survey, Sheet 1 of 1, prepared by Cousins Surveyors & Assoc., Inc., dated 11/12/12, signed and sealed. 2. Permits shall be obtained within twelve (12) months of the date of the Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission. 3. Prior to issuance of a building permit, the applicant shall provide to the City: (i) A copy of this resolution as recorded in the Public Records of Miami-Dade County. All expenses of such recordation shall be borne by the applicant, and (ii) A copy of the Operation and Perpetual Easement Agreement regarding the four parking spaces and dumpster enclosure on the adjacent parcel, as recorded in the Public Records of Miami-Dade County. All expenses of such recordation shall be • - • ;: P�JD Y� by the applicant, and ��f�R OGS a •4 N Resolution No. 2013-46 Page 4 (iii) All necessary permits from the Florida Department of Transportation, Miami Dade Water and Sewer Department and any other agencies having jurisdiction for the proposed development, and (iv) A copy of the license agreement with the Florida East Coast Railway for the proposed parking area and landscaped area to the west of the parcel; such license agreement to continue on an annual basis. The applicant shall provide a copy of the annual renewal to the City. Section 2. Release of Resolutions Nos. 98-50 and 2000-25 is hereby granted. Section 3. 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 4. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Vice Mayor Stern, who moved its adoption. The motion was seconded by Commissioner Luz Weinberg, and upon being put to a vote, the vote was as follows: Commissioner Enbar Cohen yes Commissioner Teri Holzberg yes Commissioner Billy Joel yes Commissioner Howard Weinberg yes Commissioner Luz Urbaez Weinberg yes Vice Mayor Michael Stern yes Mayor Susan Gottlieb yes COU4,ijy• .17Go,vn MUST I Resolution No. 2013-46 Page 5 PASSED AND ADOPTED this 1st day of October, 2013. 1san Gottlieb, Mayor ATT ST: / I, T 41'ESA M. Se AO ' , MMC CLERK APPROVED AS TO LEG' L SUFFICIENCY: Ag. hyv ..di CITY ATTORNEY Thi-/Resolution w. - file./in the Office of the City Clerk this 1st day of October, 2013. 4I - 4 Q-ACALA k- 03 CLERK • Pv,0 couN,k Ct7v. CO J\ G� �i, N a - 9y' RI GOD WE TOO c OP BK. 29880 PG 3585 LAST PAGE ,,o 1 EA ` City of * *. Aventura Government Center ti 19200 West Country Club Drive C`i= a5t" Aventura, Florida 33180 ENID WEISMAN MAYOR COMMISSIONERS ENBAR COHEN TERI HOLZBERG DENISE LANDMAN MARC NAROTSKY ROBERT SHELLEY CERTIFICATE OF CITY CLERK HOWARD WEINBERG ERIC M.SoROKA,ICMA-CM CITY MANAGER The undersigned City Clerk of the City of Aventura, Florida hereby certifies that the attached is a true and correct copy of Resolution No. 2013-46 (approving a variance for Mazal 18 Development LLC for property located at 17800 Biscayne Blvd., Aventura, FL) for the City of Aventura. Witness my hand and seal this 7th day of December, 2015. 0 . .\V/.•I• * * Ellisa L. Horvath, M C City Clerk cc, City of Aventura 5%40'. 19200 West Country Club Drive Aventura, FL 33180 (305) 466-8901 TWIT OF FLORIDA,COUNT ito rote?. HEREOY CERTIFY Eget lhlk ls} s.F,� or;�tnal R"Id in this ofte on � ' Ail TN S n>y hand ark,C,"?Ciaf���. �,�. HRR RUVIN,CLEhi<,of Cncl. C.. +i Cr,• rp� �. D C. cc7gl ey MIRIAM FALCON#76047 PHONE: 305-466-8900 • FAX: 305-466-8939 www.cityofaventura.com