2005-008
RESOLUTION NO. 2005- 08
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, CONCERNING AN
APPLICATION FOR MODIFICATION TO CONDITIONAL
USE APPROVAL GRANTED THROUGH RESOLUTION
NO. 2002-46 TO ALLOW A CHANGE IN EXTERIOR
COLOR ON THE PHASE 1 BUILDINGS IN THE TOWN
CENTER LOCATED AT 18741 BISCAYNE BOULEVARD,
AVENTURA; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the property described herein is zoned TC1, Town Center District;
and
WHEREAS, the applicant, through Application No. 05-CU-02 (Modification), has
applied for modification to the conditional use approval granted through Resolution No.
2002-46 to permit a change in the exterior color of the Phase 1 residential buildings
from earth tones to blue and white; 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 does not meet the
criteria of the applicable codes and ordinances.
Resolution No. 2005- 08
Page 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1.
Application No. 05-CU-02 (Modification) for modification to the
conditional use approval granted through Resolution No. 2002-46 to permit a change in
the exterior color of the Phase 1 residential buildings from earth tones to blue and white
on property legally described in Exhibit "A" to this Resolution, is not granted.
Section 2. Effective Date. This Resolution shall become effective immediately
upon its adoption.
A motion to approve the application was offered by Commissioner Cohen, who
moved its adoption. The motion was seconded by Commissioner Auerbach, and upon
being put to a vote, the motion to approve the application failed on a vote of 3-4, as
follows:
Commissioner Zev Auerbach
Commissioner Jay R. Beskin
Commissioner Bob Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Ken Cohen
Mayor Jeffrey M. Perlow
no
yes
no
no
no
yes
yes
Resolution No. 2005- ~
Page 3
PASSED AND ADOPTED this 10th day of March, 2005.
led' the Office of the City Clerk this L day of March, 2005.
Exhibit "A"
Legal Description
A portion of Tracts B & C, REGINA SQUARE SUBDIVISION, according to the
Plat thereof as recorded in Plat 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 Aventura, Miami-Dade County, Florida and being
more particularly described as follows:
Begin at the Northeast comer of said Tract "Cn; the following three (3) courses
being along the Easterly and Southerly line of said Tract "C" said line also
being along the Westerly right-of-way line of N.E. 29th Avenue and Northerly
right-of-way line of N.E. 187th Street as shown on said Plat of REGINA
SQUARE SUBDIVISION, (1) thence South 00E38'10" East for 260.56 feet to a
point of curvature; (2) thence Southerly and Westerly along a 128.90 foot
radius curve leading to the right, through a central angle of 90E41 '25" for an
arc of 204.03 feet to a point of tangency; (3) thence North 89E56'45" West for
126.02 feet to the Southwest corner of said Tract "C"; thence North 89E56'45"
West along the South line of said Tract "B" also being said Northerly right-of-
way of N.E. 187th Street for 364.91 feet; thence North 00E03'15" East for
443.27 feet; thence South 89E56'45" East along a line parallel with said South
line of Tract "B" for 616.05 feet; thence South OE38' 10" East along the East line
of said Tract "Bn also being the West right-of-way line of N.E. 29th Avenue for
52.27 feet to the POINT OF BEGINNING.