Z-96-4-35 CITY OF AVENTURA
RESOLUTION NO. Z-96-4-35
WHEREAS, Aventura Acquisition Corp., a Florida corporation, hereinafter referred
to as "Applicant," has applied to the City of Aventura for the following zoning approvals (the
"Application") for that certain property at 20801-20803 Biscayne Boulevard, Aventura,
Florida (the "Property"), as legally described on Exhibit 'W' attached hereto:
Item
1. Non-use variance of sign requirements to permit a fifth proposed wall sign of
95.38 sq. ff.;
2. Non-use variance of sign requirements to permit four detached signs of 22
sq. ft.; 73 sq. ft.; 112 sq. ff.; and 160 sq.ff.
3. Non-use variance of setback requirements to permit the four detached signs
described in Item 2 above to provide a setback of 12 feet from any official right-of-way;
4. Non-use variance of height raquirements to permit the 112 sq. ft. sign
described in Item 2 above to be 20 feet high.
WHEREAS, at its meeting of April 30, 1996, the Metropolitan Dade County Zoning
Appeals Board (the "Board") relinquished jurisdiction of this Application and remanded this
matter to the Aventura City Council in accordance with City Ordinance No. 96-01 and
Aventura City Council Resolution No. R-96-12; and
WHEREAS, the public hearing by the City Council was held at the time, date and
place previously announced in open public session by the Board at the time of making such
remand; and
WHEREAS, the City Council has been advised 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 wes found to comply with such requirements; and
WHEREAS, upon due and proper consideration having been given to the matter, it
is the opinion of the City Council that the request set forth in Item 1 above does not meet
the requirements of Section 33-311(2) of the Dade County Zoning Code (the "Code"), as
applied pursuant to City Charter Section 8.03 and City Ordinance No. 96-01 (the
"Ordinance") and should be denied and that non-use variance Items 2, 3 and 4 as
specifically provided below are justified and do meet the requirements of such Code and
Ordinance and should be approved.
Section 1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF AVENTURA that the following portions of the requested Application be and
the same are hereby denied as provided in paragraph (A) and are approved as provided in
paragraphs (B), (C) and (D), subject to the conditions set forth belo~
A. Item No. 1, the requested non-use variance of sign requirements to permit a
fifth proposed wall sign of 95.38 sq. ft., under circumstances in which four wall signs were
previously approved (two on one building at 171 sq. ft. each and two on the other building
at 84 sq. ft. each) is hereby denied upon the basis that the City Council finds that under
Section 33-311(2) of the Code the non-use variance fails to maintain the basic intent and
purpose of the zoning, subdivision and other land use regulations by adversely impacting
the appearance of the community and further finds that the non-use variance requested in
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Item No. 1 will be incompatible with the surrounding land uses.
B. Item No. 2, the requested non-use variance of sign requirements to permit
three (3) detached signs of 22 sq. ft., 112 sq. ft., and 160 sq. ft., under circumstances in
which no such detached signs are permitted under the zoning regulations in the absence of
this non-use variance, is hereby granted upon the basis that such non-use variance,
subject to the conditions set forth below, will maintain the basic intent and purpose of the
zoning, subdivision and other land use regulations and will be otherwise compatible with
the surrounding uses and would not be detrimental to the community. The request for a
fourth sign, consisting of a certain 73 sq. ft. sign is hereby deferred for future hearing,
without prejudice, as requested by the Applicant.
C. Item No. 3, the request for a non-use variance of setback requirements to permit
the three detached signs (described as being granted in paragraph (B) above) to maintain
a setback of 12 feet, under circumstances in which the zoning code requires a 20' setback
from any official right-of-way in the absence of this non-use variance, is hereby granted
upon a finding that such non-use variance maintains the basic intent and purpose of the
zoning, subdivision, and other land use regulations and will be compatible with the
surrounding land uses and would not be detrimental to the community.
D. Item No. 4, the request for non-use variance of height requirements to permit
the 112 sq. ft. detached sign, (described as being granted in paragraph (B) above), to be
20 feet high, under circumstances where the zoning code permits the height of signs to be
10 feet high in the absence of this non-use variance, is hereby granted upon the basis that
such non-use variance maintains the basic intent and purpose of the zoning, subdivision
and other land use regulations and will be othenMse compatible with the surrounding land
uses and not be detrimental to the community.
Section 2. Conditions: The conditions hereby established upon each of the items
granted as described in paragraphs (B), (C), and (D) of Section I above, shall be as
follows:
A. The non-use variance of sign requirements granted for the 22 sq. ff. sign, 112
sq. ff. sign and 160 sq. ft. sign described in Item No. 2 of the Application shall be subject to
the requirement that: (1) the Applicant design and implement, at its sole cost and expense,
a landscape buffer for such signage, in accordance with a landscape plan to be submitted
by the Applicant, subject to approval of the City Council; (2) no additional detached signs
shall be requested or provided for the third building to be built on a portion of the remainder
of the subject Property.
B. Each of the non-use variances are subject to the further condition that they
conform to the representations made to the City Council at the public hearing and conform
to those certain plans entitled "Aventura Corporate Center~' as prepared by Creative Art
Design, Inc., dated received March 6, 1996, consisting of 3 sheets.
Section 3. That as requested by the Applicant, the 73 sq. ft. sign variance requested
pursuant to Item No. 2 is hereby deferred from consideration to be subsequently re-
advertised for public hearing, at the sole cost and expense of the Applicant.
Section 4. That notice is hereby given to the Applicant that the request herein
constitutes an initial development order and does not constitute a final development order
and that one, or more, concurrency determinations may subsequently be required before
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development will be permitted. 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 30th day of April, 1996.
ARTHUR I. SNyDERV,, MAYOR
ACTING CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
THIS IS A BOUNOARY SL~qVEY AND T~TATIVE PLAT
of
LEGAL OE~RIPTH]N:
Tracts mC. m~, and 'E" of BISCA~E WATE~AYS-FIRST AOOITION,
accoralng to the plat thereof, as recorded In Plat Book t2§, at
Page 18, of the ~bllc ~cords of Dado County, Flor)Ual
And:
Lots ! through i! inclusive, and Lots 37 through 42 Irc)us(ye, In
Block !0 of NAL~NDALE PARK ~.g. according to the plat thereof, as
recorded ~n Plat ~ok 23, at Page 26, of the Public Records of Dade
County, Florida.
And:
Aim that portion of ~. 208th Terrace (Formerly known as NO~TH
G~ ~mVE) ()lng between Bmocks ~0 and ~[ 'HALLA~ALE PA~K NO. 9'
according to the plat thereo~ as recorded In Plat Book ~3 at Page
26 of the Public ~cords of Dado County. Floplda, which lies West
of the Southerly projection of the East line of said BIoc~ tO and
East of the ~utherly projection of the Westiine of Lot 37, Block
~0 of sal~ plat of 'HA~ALE PARK No. 9'
And:
That cePlain ~0 foot wide Alley In Block ~0 .'HALLANDALE PARK
~.9" according to the pla~ thereof as ~eco~ded
Page 26 of the ~bllc Records of Dado County ~hlch
the Westerly p~ojection of the North line of Lot ~ Block ~0 of
said p a~ of 'HAL~ PARK Ho.g' and which lies North of the
Westermy projection or the South line of the Lot 3g, Bloc~ tO of
said pla1 of '~LLA~ALE PA~ No. g'.
S~VEYOR'S CERTIFICATE:
I Hereby Certify to the best of ay knowledge and belief that this
draNIng Is a ~rue and correc~ representation ~f the BO~OARY SURVEY
of the r~al ~ro~erty described h~reon.
f further certify thal this survey was prepared in accordance
,i~h ~he a~glicable provisions of Chapter 6~Gt7-6. Florida
Adalnlstratlve Code.
Ford. Anlenteros ~ Nanucy. inc.
Date: N~R 2B, ~9~. ~..
Revision &: --~ -
Revmsion 2:
flevislon 3: Omar Ar~enteno~. President
Revlslo~ 4: Reg. L~AU 3~'v~yop
Revision 5: State 9f Fl~pida.
S~VEY~'S
() The above captmoned Property was surveyeo_anU described based
on the above Legal Description: ~ovld~d""~, ~ll~ni.
2) This Certification Is only for the land~ as des~Plbed. )t Is
not a certification of Title, Zoning, EasementS, or Freedom
of Encumbrances. ABST~CT NOT ~I~EO.
3] ~ene may be additional ~)tplctlone not sno~ on thi) survey
that may be found In the ~bllc Records of this County,
Examination of A~T~CT ~ TITLE will have to be made to
determine recorded Instruments. If any affecting this
property.
4) Foundations and/or footings ~dePneath the gpound surface that
may cross beyond the boun~apy lines of the parcel
described ape roi shown hereon.
5)Reproductions of this Drawing are not Valid unless