2014-31 RESOLUTION NO. 2014-31
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA MODIFYING THE APPROVALS GRANTED
THROUGH RESOLUTION NO. 2003-52 ADOPTED JULY 1, 2003 TO
REVISE THE PARKING SPACE VARIANCE AND TO REVISE
CONDITION #5 OF THE RESOLUTION, FOR PROPERTY LOCATED AT
17900 BISCAYNE BOULEVARD; CITY OF AVENTURA; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the applicant, Ocean Two LLC, was granted miscellaneous
approvals, including a variance from the parking space requirements of Section 31-
171(b) of the City Code, by Resolution No. 2003-52 adopted by the City Commission of
the City of Aventura on July 1, 2003; and
WHEREAS, Condition #5 of the Resolution required that the applicant record a
covenant restricting uses to those requiring not more than 1 space for each 250 square
feet of building area; and
WHEREAS, the applicant has requested, through Application No. 06-VAR-03
(Revision), that the variance for the number of parking spaces and Condition #5 of
Resolution No. 2003-52 be revised to allow use of the building by a bank tenant which
has a parking requirement of 1 space for each 200 square feet of building area; 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.
Resolution No. 2014-31
Page 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The applicant's request to:
1. Modify Section 1. of Resolution No. 2003-52 to approve a variance from Section 31-
171(b) of the City's Land Development Regulations to allow 5 parking spaces where 16
parking spaces are required by Code, where the Resolution allows 5 parking spaces
where 13 parking spaces are required by Code, and
2. Modify Condition #5 of Section 1. of Resolution No. 2003-52 to require amendment
of the recorded Restrictive Covenant to restrict uses on this site to those requiring a
parking ratio of not more than 1 space for each 200 square feet of building area, where
the Resolution restricts uses on this site to those requiring a parking ratio of not more
than 1 space for each 250 square feet of building area
to allow operation of a bank use in the 3,292 square foot, one-story commercial building
at 17900 Biscayne Boulevard, City of Aventura, on property legally described in Exhibit
"A" to this Resolution, are hereby approved, subject to the following conditions:
(i) That the applicant submit a landscape improvement plan to the City for review by
the City's Landscape Architectural Consultant, obtain a permit and install such
improvements prior to occupancy by the Bank tenant, and
(ii) That the building façade be painted and cleaned prior to occupancy by the Bank
tenant, and
(iii) That bank employees use the off-site parking spaces constructed on the west
side of the FEC Railway right of way, and
(iv) That the applicant record, at its own expense, a modification to the Restrictive
Covenant, in a form satisfactory to the City Manager and City Attorney, restricting uses
on the site to those requiring not more than 1 space for each 200 square feet of building
area, and
(v) That all other conditions of Resolution No. 2003-52 shall remain the same and in
full force and effect, and
(vi) In the event that the City Manager determines that this modification to the
parking variance approval has created or is creating a nuisance to the community, the
applicant will be required to lease additional lands from the FEC Railway and construct
additional parking spaces in an amount to be determined by the City Manager.
Resolution No. 2014-31
Page 3
Section 2. 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 3. Issuance of this development order by the City of Aventura does not
in any way create any right on the part of an applicant to obtain a permit from a state or
federal agency and does not create any liability on the part of the City of Aventura for
issuance of the development order if the applicant fails to obtain requisite approvals or
fulfill the obligations imposed by a state or federal agency or undertakes actions that
result in a violation of state or federal law. All applicable state and federal permits must
be obtained before commencement of the development. This condition is included
pursuant to Section 166.033, Florida Statutes, as amended.
Section 4. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner Holzberg, who moved
its adoption. The motion was seconded by Vice Mayor Joel, and upon being put to a
vote, the vote was as follows:
Commissioner Enbar Cohen absent
Commissioner Teri Holzberg yes
Commissioner Michael Stern yes
Commissioner Howard Weinberg yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Billy Joel yes
Mayor Susan Gottlieb yes
Resolution No. 2014-31
Page 4
PASSED AND ADOPTED this 3rd day of June, 2014.
jui/ ,,, - ---7:7-z,4—
usan Gottlieb, Mayor
ATTEST:
I I
Ai fgt. L .■ 4
'ESA M. S o t MC
CITY CLERK
APPROVED AS TO LEGAL SUFFII ENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this L=c° day of_ 3_, 2014.
• CLERK •
Resolution No. 2014-31
Page 5
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
Commence at the S.W. corner of Fractional Section 3, Township 52 South, Range 42
East, Miami-Dade County. Florida, Thence South 89 Degrees, 32 Minutes, 25 Seconds
East along the South Boundary line of said Fractional Section 3, for a distance of
209.14 feet to a point on the Northwesterly right of way line of Florida State Road. No.4
as shown on plat thereof recorded in Plat Book 34 at Page 53, of the Public Records of
Miami-Dade County, Florida; and which said Florida State Road No.4 is known also as
United States Highway No. I; run thence South 18 degrees, 36 Minutes,35 Seconds
West along the Northwesterly right of way line of the aforesaid Florida Stale Road No. 4
for a distance of 1105.64 feet to the Point of Beginning of the parcel of land herein
described; thence run North 71 Degrees, 23 Minutes, 2S Seconds West for a
distance of 101.80 feet to a point on the Southeasterly right of way line of the
Florida East Coast Railway; thence South 18 Degrees 31 Minutes, 38 Seconds West
along the Southeasterly right of way line of the Florida East Coast Railway for a
distance of 125.0 feet to a point; thence South 71 Degrees, 23 Minutes, 2S Seconds
East for a distance of 101.62 feet to a point on the Northwesterly right of way line of
the aforesaid Florida States Road No.4; thence North 18 Degrees 36 Minutes, 35
Seconds East along the Northwesterly right of way line of the aforesaid Florida State
Road No.4 for a distance of 125 feet to the Point of Beginning of the parcel of land
herein described.
LESS:
A strip of land 30.75 feet in width lying in the Northeast 1/2 of Section 9, Township 52
Sou.th, Range 42 East. Miami-Dade County, Florida, being more particularly described
as being bounded on the North by the Southerly line of Lot 8 of MAULE FEDERAL
HIGHWAY INDUSTRIAL SITES according to the Plat thereof, as recorded in Plat
Book 46, at Page 55 of the Public Records of Miami-Dade County, Florida; bounded
on the East by the Southerly prolongation of the Easterly line of said Lot, 8, said
prolongation is coincident with the Westerly right of way line of State Road No.5
(labeled as Road 4) as shown on Florida State Road Department Right of Way Map,
Project No. 41 now known as Section 87030-2201, as recorded on Road Map Book
34, at Pap 52, of the Public Records of Miami-Dade County, Florida; bounded on the
South by a line 125.00 feet Southerly of and parallel with the Southerly line of said Lot
8 and bounded on the West by a line 30.75 feet Westerly of and parallel with said
Westerly right of way of State Road No. 5.