Z-96-11-ACC-1 CITY OF AVENTURA
RESOLUTION NO. Z-96-11-ACC-1
WHEREAS, P.C.T. BISCAYNE BLVD. PARTNERSHIP, hereinafter
referred to as "Applicant," has applied to the City of Aventura for
the following zoning approvals (the "Application") for that certain
property at Loehmann's Plaza, East of Biscayne Blvd.,between N.E.
187 and N.E. 191 Streets, in Aventura, Florida (the "Property") as
legally described on Exhibit "A" attached hereto:
Items for Which Zoninq Approval Was Sought:
Modification of covenant identifying applicable site plan;
modification of condition of resolution identifying applicable
site plan; non-use variance of landscaped open space; non-use
variance of parking requirements; special exception for
alcoholic beverage use, collectively referred to as the
"Zoning Approvals"; all as described in Application No. 96-11-
ACC-1. The purpose of this request is to allow the applicant
to submit new plans showing the proposed expansion.
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 and the
Applicant has submitted revised plans deleting the non-use
variances sought from landscaped open space and parking
requirements; and
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 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 modified Application be and the
same is hereby approved, subject to the applicable conditions set
forth below, as follows:
(1) MODIFICATION of paragraph #2 of a modification of a covenant
recorded in Official Record Book 12160, Pages 1508-1510, dated
April 4, 1984, only as it applies to the subject property,
reading as follows:
FROM "1. That in the approval of the plan, the same be
substantially in accordance with that submitted for
the hearing entitled "Loehmann's fashion Island",
prepared by R.T.K.L. Associates, Inc., dated
11/1/90, last revised 4/6/93 by John R. DeBello."
TO: "2. The property as described on the attached Exhibit
"A" shall be developed in substantial accordance
with the site plan as prepared by John R. Debello,
Architect, which site plan is dated 4-3-96."
(2) MODIFICATION of Condition #2 of Resolution 4-ZAB-71-91, passed
and adopted by the Zoning Appeals Board on the 27th day of
March, 1991, and further modified by Resolution 4-ZAB-156-92,
passed and adopted by the Zoning Appeals Board on the 29th day
of April, 1992, and last modified by 4-ZAB-325-93, passed and
adopted by the Zoning Appeals Board on the 29th day of
September, 1993, reading as follows:
PROM: "2. That in the approval of the plan, the same be
substantially in accordance with that submitted for
the hearing entitled 'Loehmann's Fashion Island,'
as prepared by R.T.K.L. Associates, Inc., dated
last revised 4-6-93, and 'Liquor Survey for
Loehmann's Fashion Island,' as prepared by James
Beadman & Assoc. Inc., dated June 16, 1993."
TO: "2. That in the approval of the plan, the same be
substantially in accordance with that submitted for
the hearing entitled 'Loehmann's Fashion Island' as
prepared by John R. Debello, Architect, dated last
revised 4-3-96, Landscapinq Plans consistinq of 3
sheets, 'Loehmann's Fashion Island." as prepared by
John R. Debello, Architect, dated 7-11-96, and
'Liquor Survey for 18829 Biscayne Blvd.' as
prepared by James Beadman & Assoc. Inc. dated
6~21~96."
(3) SPECIAL EXCEPTION of spacing requirements as applied to
alcoholic beverage uses to permit a wine bar & cigar store to
be spaced less than the required 1,500' from other existing
alcoholic beverage uses and spaced less than 2,500' from a
school and religious facility.
2
Section 2. Conditions: That the condition hereby established upon
the Zoning Approvals granted above is as follows:
1. That development authorized by this Resolution conform to
the approved Plans described above.
Section 3. That notice is hereby given to the Applicant
that the approvals granted herein constitutes 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 5th day of No~e~be~ 19~6. ~
A~THOR I. S'NYOER//MAYOR
ATTEST:( ./)~
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Filed i~ the Office of the City Clerk, City of Aventura this
Jj.2) day of d'J~]/~.~,zt~_/ , 1997.
Teresa ~. Smith
(SEAL) City Clerk
3280 O1 ~resolut i~Loehmann. 123
3
HEARING NO. 96-t I-ACC-1 (96-203)
APPLICANT: P.C.T. BISCAYNE BOULEVARD PARTNERSHIP
SUBJECT PROPERTY: Tracts "A', 'B", 8: "C", REGINA SQUARE SUBDMSION, Plat book 113,
Page 27, less that portion of Tract 'A" shown as Waiver of Plat D-14317, being more particularly
described as follows:
A portion of Tract "A", REGINA SQUARE SUBDMSION, Plat book 113, Page 27, being more.
particularly described as follows: Begin at the Northwest corner of said Tract A; thelxce run S89°49'44"E,
along the north line of said Tract A, for a distance of 223.65' to a point; thence nm S0°45'38"E for a'
distance of 348.36' to a point on the south 1ine of said Tract A; thence nm N89°56'45'~Tv', along th~ south
line of said Tract A, for a distance of 73.5' to a point; thence nm N0°45'38'~, along the west line of said
Tract A, for a distance of 133.51' to a point; thence nm N89°49'44'~, along a south line of said Tract A,
for a distance of 75.14' to a point; thence nm N0°45'38"W, along a west line of said Tract A, for a distance
of 50' to a point; thence nm N89°49'44'~/', along a south line of said Tract Ps, for a distance of 75' to a
point; thence nm N89°49'44'W~r, along a south line of said Tract A, for a distance of 75' to a point; thence
nm N0°45'38"W, along a west line of said Tract A, for a distance of 165' to the Point ofbe~nnlng.
AND:
A portion of Tract "A", REGINA SQUARE SUBDMSION, Plat book 113, Page 27, being more
particularly described as follows: Begin at thc Southeast comer of said Tract A; thrace nm N89°56'45"W,
along the south line of said Tract A, for a distance of 361.66' to a point; thrace nm N0°3'15"E for a
distance of 149.5' to a point; thence nm N89°56'45%V for a distance of 283.39' to a point; thence nm
N0°45'38"W for a distance of 198.74' to a point on the north lin~ of said Tract -44 thence nm S89°49'44"E,
along the north line of said Tract A, for a distance of 619.04' to the Point of curvature of a circular curve to
the right having a radius of 25'; thence nm SE/ly, along the Northeast line of said Tract A and along the arc
of said curve, for a distance of 38.92', through a centrai anEle of 89°11'34" to tho Point of tangentS, thence
nm S0°38'10'E, along the east line of said Tract A, for a distance of 322.28' to the Point of be.g~innlng.
LOCATION: East of Biscayne Boulevard, between N.E. 187 Street & N.E. 191 Street, Dade County,
Florida.
SIZE OF PROPERTY: 27.46 Acres
PRESENT ZONING: BU-2 (Business - Special)