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2014-54 RESOLUTION NO. 2014-54 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA MODIFYING CONDITION 1. OF SECTION 1. OF RESOLUTION NO. 2014-19 PASSED ON APRIL 1, 2014, REGARDING TIME LIMITS FOR OBTAINING BUILDING PERMITS, FOR PROPERTY LOCATED ON THE SOUTH SIDE OF NE 207 STREET BETWEEN NE 29 AVENUE AND NE 30 AVENUE, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the applicant, Aventura Land Ventures, LLC, was granted conditional use approvals by Resolution No. 2014-19 adopted by the City Commission of the City of Aventura on April 1, 2014; and WHEREAS, Condition 1. of Section 1. f the Resolution provides that the approvals will be void if all building permits for the development are not obtained within 24 months of the date of the approving resolution, with provision that the City Commission may grant one six month extension by resolution or motion upon showing of good cause by the applicant; and WHEREAS, the applicant has requested, through Application No. 02-CU- 14 (Revision), a modification to Condition 1. of Section 1. of Resolution No. 2014-19 to provide that the approvals will not be void, but will provide that no new permits may be issued for buildings for which permits are not timely obtained unless this condition is modified by the City Commission at a public hearing; 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. The applicant's request to modify Condition 1. of Section 1. of Resolution No. 2014-19, is hereby approved, as follows': "1. The applicant shall obtain building permits for all buildings within the proposed development within 24 months of the date of the approving resolution, 1 Text is strikethrough is deleted; text in underline is added. Resolution No. 2014-54 Page 2 failing which no new building permits may thereafter be issued for buildings for which permits were not timely obtained, unless this condition is modified by the City Commission after public hearing. The applicant may request one six month extension of time to obtain building permits and the City Commission may, by resolution or motion, grant such extension of time upon showing of good cause by the applicant." Section 2. All other conditions of Resolution No. 2014-19 not modified by this Resolution shall remain in full force and effect. 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. 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 5. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner Luz Weinberg, who moved its adoption. The motion was seconded by Commissioner Howard Weinberg, and upon being put to a vote, the vote was as follows: Commissioner Enbar Cohen yes Commissioner Teri Holzberg yes Commissioner Michael Stern yes Commission Howard Weinberg yes Commissioner Luz Urbaez Weinberg yes Vice Mayor Billy Joel yes Mayor Susan Gottlieb yes Resolution No. 2014-51 Page 3 PASSED AND ADOPTED this 7th day of October, 2014. SUSAN GOTTLIEB, Mayor ATTEST: i • �.J ESA M. St'•L'OKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this M day of , 2014. 11 CLERK,