Z-96-10-ACC-2 CITY OF AVENTURA
RESOLUTION NO. Z-96-10-ACC-2
WHEREAS, CHABAD HOUSE OF NORTH DADE, INC., hereinafter
referred to as "Applicant," has applied to the City of Aventura for
the following zoning approvals (the "Application") for that certain
property at 21001 Biscayne Boulevard in Aventura, Florida (the
"Property") as legally described on Exhibit "A" attached hereto:
Items for Which Zoninq ADproval Was Souqh~:
Modifications of plans for religious facility; special
exception for expansion of religious facility; non-use
variance of building height; non-use variance of lot area and
frontage requirements; non-use variance of parking regulations
within 25' of right-of-way; non-use variance of parking
requirements as to number of spaces; non-use variance of
setback requirements; non-use variance of zoning regulations
requiring 35' right-of-way, collectively referred to as the
"Zoning Approvals"; all as described in Application No. 96-10-
ACC-2.
WHEREAS, the Application is subject to the jurisdiction of the
City of Aventura City Council (the "City Council") in accordance
with City Ordinance No. 96-08; and
WHEREAS, the public hearing by the City Council was held in
accordance with public notice as required by law; and
WHEREAS, the City Council has been advised by City Staff that
the subject Application has been reviewed for compliance with
concurrency requirements for levels of service and, at this stage
of the request, the same was found to comply with such
requirements; and
WHEREAS, the initial application has been modified by
withdrawing the request for a non-use variance of parking
regulations to permit parking areas within 25' of the official
right-of way of N.E. 30th Ave.
WHEREAS, upon due and proper consideration having been given
to the matter, it is the opinion of the City Council that the
requested Zoning Approvals which are granted below are justified
and do meet the requirements of the Dade County Zoning Code (the
"Code"), as applied pursuant to City Charter Section 8.03 and City
Ordinance No. 96-08 (the "Ordinance") and should be approved.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, as follows:
Section 1. That the above stated recitals and findings are
incorporated by reference and the Application be and the same is
hereby approved, subject to the applicable conditions set forth
below, as follows:
(1) MODIFICATION of Condition #2 of Resolution 5-ZAB-470-95,
passed and adopted by the Zoning Appeals Board on the 6th day
of December, 1995, reading as follows:
FROM: "2 That in the approval of the plan the same be
substantially in accordance with that submitted for
the hearing entitled 'Chabad House of North Dade,'
as prepared by Arkidesign, Inc., consisting of 3
sheets, Sheet #1 dated 11-7-94, Sheets #2 & 3,
dated 11-8-94, 'Land Survey', as prepared by Boggs,
Hutchison & Assoc., Inc.dated 11-1-94.
TO: "2 That in the approval of the plan, the same be
substantially in accordance with that submitted for
the hearing entitled 'Land Survey', as prepared by
Boggs-Hutchison & Assoc., Inc., dated revised 12-6-
95, 'Chabad House of North Dade,' as prepared by
Arkidesign, Inc. consisting of four sheets dated
11-7-94 'Site Planninq', as prepared by Witkin
Desiqn Group, consistinq of two sheets and dated 4-
10-96 (the Plans)."
The purpose of the modification is to allow the Applicant to submit
a plan showing the expansion of the previously approved religious
facility.
(2) SPECIAL EXCEPTION to permit the expansion of the previously
approved religious facility onto adjacent property.
(3) NON-USE VARIANCE OF BUILDING HEIGHT REQUIREMENTS to permit the
proposed religious facility with a building height of 36' (35'
maximum permitted).
(4) NON-USE VARIANCE OF LOT AREA AND LOT FRONTAGE REQUIREMENTS to
permit the proposed religious facility on a parcel of land
with an area of 1.14 acres (2.5 acres minimum required) (.52
acre previously approved) and a lot frontage of 80.85' (150'
minimum required).
(5) NON-USE VARIANCE OF PARKING REQUIREMENTS to permit a total of
66 parking spaces (82 required).
(6) NON-USE VARIANCE OF SETBACK REQUIREMENTS to permit the
proposed religious facility to setback 1' (50' required) from
the interior side (north) property line and setback varying
from 5' to 5'2" (25' required) from the side street (south)
property line (N.E. 210 Street).
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(7) NON-USE VARIANCE OF ZONING REGULATIONS requiring a half
section line right-of-way to be 70'in width, to waive same to
permit 30' (35' required) along the west side of N.E. 30
Avenue of the subject property.
Section 2. Conditions: That the conditions hereby
established upon the respective Zoning Approvals granted above are
as follows:
1. That the Applicant obtain a Certificate of Use and
Occupancy (the "Certificate") from, and promptly renew
the same annually with the City Department of Community
Development (the "Department") upon compliance with all
terms and conditions. The Certificate shall be subject
to cancellation by the Director of the Department upon
violation of any of the conditions.
2. That the Applicant provide and execute a covenant, in a
form approved by the City Attorney: (a) limiting the
duration of the Zoning Approvals granted by this
resolution to the specific use authorized herein; (b)
providing that in the event that the Director of the
Department, upon an annual review, determines that lack
of required parking (as to the number of spaces) becomes
detrimental to the surrounding area, the Property shall
be required to comply with minimum parking (number of
space) standards which would be applicable in the absence
of the non-use variance granted.
3. That in the approval of the plan, the same be
substantially in accordance with that submitted for the
hearing entitled "Land Survey," as prepared by Boggs-
Hutchison & Assoc., Inc., dated revised 12-6-95, "Chabad
House of North Dade," as prepared by Arkidesign, Inc.,
consisting of four sheets, dated 11-7-94, "Site
Planting," as prepared by Witkin Design Group, consisting
of two sheets and dated 4-10-96, except as herein
modified to provide turnaround areas for the northerly
parking spaces.
4. That Applicant obtain a Cross-Parking Easement Agreement
from the Memorial Gardens and Funeral Chapel located
immediately to the south, in a form approved by the City
Attorney.
That the Applicant submit to the City's Department an
Improvement Agreement for the future construction of N.E.
210 Street, in a form approved by the City Attorney.
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6. That all trailers situated upon the Property at any time
during the period of time commencing sixty (60) days
after issuance of a building permit and terminating 14
days after issuance of a Certificate of Occupancy, be
moved and maintained further to the east to a location
approved by the Director.
7. That other than as specifically authorized by condition
(6) above, no trailers, tents or similar structures and
no temporary use of any type shall be permitted on the
Property at any time.
8. That Applicant shall submit to the City's Landscape
Architect and City Council for their review and approval
a landscaping plan which indicates the type and size of
plant material to be utilized by the Applicant for the
Property, prior to the issuance of any Certificate of
occupancy. This plan shall include a 25' buffer area.
9. The Zoning Approvals granted are subject to the further
condition that development authorized by this Resolution
conform to the Plans and be established and maintained in
accordance with the Plans.
Section 3. That notice is hereby given to the Applicant
that the approvals granted herein constitute an initial development
order and do not constitute a final development order and that one,
or more, concurrency determinations may subsequently be required
before development will be permitted.
Section 4. That the City Manager or his designee is hereby
authorized to make the necessary notations upon the maps and
records of the City of Aventura and to cause the issuance of all
necessary permits in accordance with the terms and conditions of
this Resolution.
PASSED AND ADOPTED this 19th day Of Nove~ber~[~1996~
ATT~T: ~ ~ ._ ARTHUR I SNYDE~MA~OR
CITY CLERK
APPROVE[ S LEGAL SU~FICIE~NCY:
·
CITY ATTORNEY ~'
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Filed in~t~e Office of the City Clerk, City of Aventura, this
Teresa M. Smith
(SEAL) City Clerk
3 2 8 0 01 \re$olut i~CHABAD. HOU
SUBJECT PROPERTY: Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 & i 1, Block I of HALLANDALE PARK NO.
11, Plat book 27, Page 39 togethcr with a 25' strip of land being a portion of Tract "A" of DONN ACRES,
Plat book 76, Page 30, .being more partict~!nrty bounded as follows:
Bounded on the south by the north line of Block 1 of said HALLANDALE PARK NO. 11 and its W/Iv
exteasion; bounded on the nor~ by a line 25' north of and parallel with the north line of said Block
bounded on the east by the N/ly extension of the east line of Lot I of said Block 1; and bounded on the
by the N/ly extension ora ~ 25' west of and parallel with the W/ly line of Lot 11 of said Block I.
LOCATION: 21001 Biscayne Boulevard, Dade County, Florida.
SIZE OF PROPERTY': i.14 Acres