2005-007
RESOLUTION NO. 2005-07
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 TC1 (TOWN CENTER) DISTRICT; GRANTING
VARIANCE TO SECTION 31-145(b)(3)e.1. TO ALLOW A 1,000
GALLON ABOVEGROUND EMERGENCY FUEL STORAGE TANK
WHERE A MAXIMUM SIZE OF 550 GALLONS IS PERMITTED BY
CODE; GRANTING VARIANCE TO SECTION 31-145(b)(3)e.3. TO
ALLOW A METAL PICKET FENCE AND LANDSCAPE SCREEN ON
THE ABOVEGROUND STORAGE TANK, WHERE A MASONRY OR
CONCRETE WALL AND LANDSCAPE SCREEN IS REQUIRED BY
CODE, ALL FOR THE PROPOSED PUMP STATION ON THE TOWN
CENTER SITE AT 18741 BISCAYNE BOULEVARD, CITY OF
AVENTURA; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property described herein is zoned TC1, Town Center District;
and
WHEREAS, the applicant, TRG Regina Square Ltd., through Applications No.
01-CU-05 and 01-VAR-05 is requesting conditional use approval to allow an
aboveground emergency fuel storage tank in the TC1 (Town Center) District; variance
to Section 31-145(b)(3)e.1. to allow a 1,000 gallon aboveground emergency fuel
storage tank where a maximum size of 550 gallons is permitted by Code; and variance
to Section 31-145(b)(3)e.3. to allow a metal picket fence and landscape screen on the
aboveground storage tank, where a masonry or concrete wall and landscape screen is
required by Code, and
WHEREAS, following proper notice, the City Commission has held a public
hearing as provided by law; and
Resolution No. 2005-07
Page 2
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 TC1 (Town Center) District is hereby granted, subject to the
conditions set out in this Resolution, on property legally described as a portion of Tract
"B", Regina Square Subdivision, according to the Plat recorded in Plat Book 113, Page
27 of the Public Records of Miami-Dade County, more particularly described in Exhibit
"A" to this resolution and known as municipal address 18741 Biscayne Boulevard.
Section 2. Application for Variance to Section 31-145(b)(3)e.1 to allow a 1,000
gallon aboveground emergency fuel storage tank, where a maximum size of 550
gallons is permitted by Code is hereby granted, subject to the conditions set out in this
Resolution, on property legally described as a portion of Tract "B", Regina Square
Subdivision, according to the Plat recorded in Plat Book 113, Page 27 of the Public
Records of Miami-Dade County, more particularly described in Exhibit "A" to this
resolution and known as municipal address 18741 Biscayne Boulevard.
Section 3. Application for Variance to Section 31-145(b)(3)e.3 to allow a metal
picket fence and landscape screen for the aboveground storage tank, where a masonry
or concrete wall and landscape screen is required by Code, is hereby granted, subject
to the conditions set out in this Resolution, on property legally described as a portion of
Tract "B", Regina Square Subdivision, according to the Plat recorded in Plat Book 113,
Page 27 of the Public Records of Miami-Dade County, more particularly described in
Resolution No. 2005-07
Page 3
Exhibit "A" to this resolution and known as municipal address 18741 Biscayne
Boulevard.
Section 4. Approval of the requests above is subject to the following conditions:
1. Building permits shall be obtained for the proposed development 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. Plans shall comply with those submitted as follows:
(i)
(ii)
"The Venture at Aventura", Site Masterplan, Sheet AO.0.03, prepared by
ARQ, dated 10/09/03, revised 02/09/05, signed and sealed.
"Loehmann's Plaza Redevelopment, Regional Pump Station Site Plan",
Sheet 1 of 1, prepared by Fortin Leavy Skiles Inc., dated 02/10/05, signed
and sealed.
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 Commissioner Diamond, who moved its
adoption. The motion was seconded by Commissioner Auerbach, and upon being put
to a vote, the vote was as follows:
Commissioner lev Auerbach
Commissioner Jay R. Beskin
Commissioner Bob Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Ken Cohen
Mayor Jeffrey M. Perlow
yes
yes
yes
yes
yes
yes
yes
Resolution No. 2005-....QL
Page 4
PASSED AND ADOPTED this 10th day of March, 2005.
file in the Office of the City Clerk this ~ day of March, 2005.
EXHIBIT "A"
LEGAL DESCRIPTION: (SANITARY SEWER PUMP STATION EASEMENT)
A portion of Tract B, REGINA SQUARE SUBDIVISION, according to the Plot thereof as recorded in Plot Book 113,
Page 27, of the Public Records of Miami-Dade County, Florida, lying in the SW 1/4 of Section 3, Township 52
South, Range 42 East, City of Aventuro, Miami-Dade County, Florida and being more particularly described as
follows:
Commence at the Northeast corner of Tract "C", of said REGINA SQUARE SUBDIVISION, according to the Plat
thereof as recorded in Plat Book 113, Page 27 sold corner being a point on the West right of wal. line of N.E,
29th Avenue: thence N 00'38'10" W along said west right of way line and East line of said Tract B" for 98.01 feet
to the POINT OF BEGINNING of hereinafter described Parcel of Land; thence continue N 00'38'10" W 010n9 said
West right of way line and said East Tract line for 12.00 f.et, the following seven (7) courses being >erpendicular
to or parallel with the preceded course: (1) thence S 89'21'50" W for 10,00 feet: (2) thence N 00'38'10" W for
21.34 feet; (3) thence S 89'21'50" W for 50.00 feet: (4) thence S 00'38'10" E for 50,00 feet: (5) thence
N 89'21'50" E for 50.00 feet: (6) thence N 00'38'10" W for 16.66 feet; (7) thence N 89'21'50" E for 10,00 feet
to the POINT OF BEGINNING.