Resolution No. 2016-47 Conditional Use Approval to Permit Installation of Aboveground Fuel Storage Tank (Turnberry Towers Condominium) - July 12, 2016 RESOLUTION NO. 2016-47
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL
PURSUANT TO SECTION 31-143(0(4) OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO PERMIT THE INSTALLATION OF
AN ABOVEGROUND FUEL STORAGE TANK IN THE RMF4,
MULTIFAMILY HIGH DENSITY RESIDENTIAL DISTRICT; GRANTING
VARIANCE FROM SECTION 31-143(f)(4)a. OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO PERMIT A 2,000 GALLON
CAPACITY ABOVEGROUND FUEL STORAGE TANK, WHERE A
MAXIMUM 550 GALLON CAPACITY ABOVEGROUND FUEL STORAGE
TANK IS PERMITTED BY CODE FOR PROPERTY LOCATED AT 19355
TURNBERRY WAY, CITY OF AVENTURA, FLORIDA; PROVIDING FOR
CONDITIONS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property described herein is zoned RMF4, Multifamily High
Density Residential District; and
WHEREAS, the Applicant, Turnberry Towers Condominium Association Inc.,
through Application No. 03-CU-16, has requested conditional use approval pursuant to
Section 31-143(0(4) to permit the installation of an aboveground fuel storage tank for
the purposes of fuel storage for the emergency generator for the residential
development; and
WHEREAS, the applicant, Turnberry Towers Condominium Association Inc.,
through Application No. 05-VAR-16, has requested variance from Section 31-143(f)(4)
a. of the City's Land Development Regulations to permit a 2,000 gallon capacity
aboveground fuel storage tank, where a maximum 550 gallon capacity aboveground
fuel storage tank is permitted by Code; and
WHEREAS, following proper notice, the City Commission has held a public
hearing as provided by law; and
WHEREAS, the City Commission has reviewed the application for conditional
use approval and finds that the conditional use requested meets the standards for
approval of conditional uses as set forth in Section 31-73(c) of the City's Land
Development Regulations; and
City of Aventura Resolution No. 2016-47
WHEREAS, the City Commission has reviewed the application for variance
approval and finds that the variance requested meets the standards for approval of
variances as set forth in Section 31-76(e) of the City's Land Development Regulations;
and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Application No. 03-CU-16 for conditional use approval pursuant to
Section 31-143(f)(4) to install an aboveground fuel storage tank for the purpose of
storing fuel for the emergency generator on land described in Exhibit "A" is hereby
granted, subject to the conditions in Section 3. of this Resolution.
Section 2. Application No. 05-VAR-16 for a variance from Section 31-143(f)(4)
a. of the City's Land Development Regulations to permit installation of a 2,000 gallon
capacity aboveground fuel storage tank, where a maximum 550 gallon capacity
aboveground fuel storage tank is permitted by Code on land described in Exhibit "A" is
hereby granted, subject to the conditions in Section 3. of this Resolution.
Section 3. The approvals granted through this Resolution are subject to the
following conditions:
1. The applicant shall obtain permits within 12 months of the date of the approving
resolution, failing which this approval shall be void. The applicant may request
one six month extension of time to obtain permits and the City Commission may,
by resolution or motion, grant such extension of time upon showing of good
cause by the applicant.
2. Any discontinuation of the approved conditional use for a period of 180
consecutive days shall constitute abandonment and shall rescind the approval of
the conditional use.
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City of Aventura Resolution No. 2016-47
Section 4. 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 5. 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 6. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner Shelley, who moved its
adoption. The motion was seconded by Vice Mayor Landman, and upon being put to a
vote, the vote was as follows:
Commissioner Enbar Cohen Absent
Commissioner Teri Holzberg Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Commissioner Howard Weinberg Yes
Vice Mayor Denise Landman Yes
Mayor Enid Weisman Yes
PASSED AND ADOPTED this 12th day of July, 2016.
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City of Aventura Resolution No. 2016-47
/ --
ENID WEISM A , MAYOR
FI.n \,,/. F
ATTEST:
A d
ELLISA L. HORVATC 1
CITY CLERK
APPRuVED AS TO L:G' L SUFFICIENCY:
14, me1
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this is day of ,TUI , 2016.
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CITY CLERK
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City of Aventura Resolution No. 2016-47
EXHIBIT "A"
A portion of Tract EE of Fifth Addition, Biscayne Yacht and Country Club, according to
the Plat thereof as recorded in Plat Book 99, Page 20 of the Public Records of Miami-
Dade County, Florida, being more particularly described as follows:
Commence at the Southeast corner of said Tract EE;
Thence run N 11°41'01"E along the easterly boundary of said Tract EE for 139.38 feet
to the point of beginning of the parcel of land hereinafter to be described;
Thence continue Nil°41'01"E along said easterly boundary for 296.80 feet;
Thence run N72°22'57"W for 202.78 feet;
Thence run N17°37'03"E for 67.20 feet;
Thence run N86°13'27"W for 237.51 feet to a point on the westerly boundary of said
Tract EE;
Thence run Si1°41'01"W along said westerly boundary for 383.89 feet;
Thence run S67°22'18"E for 226.02 feet;
Thence run N12°28'36"E for 9.54 feet;
Thence run N71°41'01"East for 130.67 feet;
Thence run S78°18'59"E for 94.79 feet to the point of beginning.
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