Z-96-7-ACC-1 CITY OF AVENTUP~A
RESOLUTION NO. Z-96-7-ACC-1
WHEREAS, TURNBERRY COUNTRY CLUB, hereinafter referred to as
"Applicant," has applied to the City of Aventura for the following
zoning approvals (the "Application") for that certain property at
19999 W. Country Club Drive in Aventura, Florida (the "Property")
as legally described on Exhibit "A" attached hereto:
Items for Which Zoninq Approval Was Sought:
Modifications of plans for hotel; non-use variance of parking
requirements; unusual use to permit outdoor dining;
modification of conditions providing zoning regulations
(Aventura Criteria Book); non-use variance of parking space
size, collectively referred to as the "Zoning Approvals"; all
as described in Application No. 96-7-ACC-1.
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 hearings by the City Council were 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 reflecting a 93.84' hiqh,
seven (7) story hotel building setback between 25' to 40' from the
interior side (north) property line in lieu of the previously
requested eleven (11) story hotel setback 10' from the property
line. The revised plans also reflect a two (2) story accessory
building (pro shop). The requested amount of hotel rooms (128) and
the balance of the application remains unchanged.
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 modified Application be and the
same is hereby approved, subject to the applicable conditions set
forth below, as follows:
1. MODIFICATION of plans approved pursuant to Resolution 4-
ZAB-253-77, passed and adopted by the Zoning Appeals
Board on the llth day of July, 1977 and last modified by
Resolution Z-5-89, passed and adopted by the Board of
County Commissioners on the 13th day of February, 1989,
said plan identified as follows:
FROM: "Renovations to Turnberry Isle Country Club, as prepared
by Nichols Partnership consisting of 4 sheets and dated
12-13-88 and 'Survey', as prepared by Manuel G. Vera and
Assoc., Inc., dated received 12-13-88, consisting of 2
sheets."
TO: "Turnberry Isle Resort & Country Club - Site Development
Plan", dated received May 24, 1996, consisting of 2
sheets and a plan entitled 'Turnberry Isle Resort &
Country Club, dated received Dec. 7, 1995, consistinq of
6 sheets; all prepared by Brosch-Sandoval & Assoc.,
Inc.", as revised pursuant to City Council review as
reflected on revised plans dated October 10, 1996,
(hereafter the "Plans"), as presented at the City Council
public hearing of November 5, 1996.
This modification shall provide for an existing country
club to increase the number of units in the proposed
hotel by providing 128 new units.
2. NON-USE VARIANCE OF MOTOR VEHICLE PARKING REQUIREMENTS to
permit 800 parking spaces when 1,085 parking spaces are
otherwise required.
3. UNUSUAL USE to permit outdoor dining.
4. MODIFICATION of a portion of Condition #2 of (Aventura
Criteria Book) Resolution Z-50-69, passed and adopted by
the Board of County Commissioners on the 20th day of
February, 1969 and last modified by Resolution Z-5-89,
passed and adopted by the Board of County Commissioners
on the 13th day of February, 1989 only as it applies to
the subject Property.
FROM: ZONING REGULATIONS FOR COMMERCIAL PARCEL "S"
Permitted Uses: Principal Clubs and Hotel
Accessory: BU-2
Minimum Lot Area: 100,000 sq. ft.
Minimum Lot Frontage: 200 ft.
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Minimum Setbacks:
Front: 25 ft.
Side: 20 ft.
Rear: 0 ft.
Interior: 0 ft.
Adjoining RU use: None
Minimum Distance
between buildings: 0 ft.
Maximum height of Buildings: 7 stories or 92.33 ft
(Sec. 33-57 and 33-58 of
Metro Dade County Code
do not apply)
Maximum Floor Area Ratio: 5 to 1
Parking Requirements: Sec. 33-124 of Metro Dade
County Code shall apply:
TO: ZONING REGULATIONS FOR COMMERCIAL PARCEL "S"
Permitted Uses: Principal: Clubs and Hotel
Accessory: BU-2
Minimum Lot Area: 100,000 sq. ft.
Minimum Lot Frontage: 200 ft.
Minimum Setbacks:
Front: 25 ft.
Side: 20 ft.
Rear: 0 ft.
Interior: 0 ft.
Adjoining RU use: None
Minimum Distance between
buildings: 0 ft.
Maximum Height of Buildings: 7 stories or 93.84 ft.
(Sec. 33-57 and 33-58 of
Metro Dade County Code do
not apply)
Maximum Floor Area Ratio 5 to 1
Parking Requirements Sec. 33-124 of Metro Dade
County Code shall apply.
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The purpose of this approval is to permit the proposed hotel with
a slightly greater height allowed by the Aventura Criteria Book in
the absence of this modification.
Section 2. Conditions: That the conditions hereby
established upon the respective Zoning Approvals granted above are
as follows:
1. That the Applicants 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 In the event that the Director of the Department upon an
annual review determines that lack of required parking,
as to number of spaces or size of spaces, becomes
detrimental to the surrounding area, the site shall be
required to comply with minimum parking (size and number)
standards which would be applicable in the absence of the
non-use variance granted.
3. That the outdoor patio dining use shall be operated
solely as an accessory use to the restaurant, and if the
restaurant use is terminated, the outdoor patio dining
use will automatically expire.
4. No loud speakers shall be utilized for the outdoor dining
area.
5. That outdoor dining shall be terminated in the event that
the City Council determines, after a public hearing, that
the outdoor dining operation has created and may tend to
create noise disturbances. The public hearing shall be
set if the Director of the Department finds probable
cause to believe that a noise disturbance has been
created, based upon complaints received or the Director's
observation.
6. That the operating hours for the outdoor patio dining use
shall not extend beyond those for the restaurant.
7. Times of construction shall be limited as follows: No
construction (manual or otherwise) prior to 7:30 a.m.
weekdays; no construction (manual or otherwise) prior to
9:30 a.m. on weekends; and no construction (manual or
otherwise) after 5:00 p.m. on Fridays, or to the maximum
extent allowed by law on legal holidays, whichever is
earlier. The foregoing hours or days of construction may
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be modified by the Community Development Director or his
or her designee.
8. The Zoning Approvals granted are subject to the further
condition that development authorized by this Resolution
conform to the Plans.
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 o~ovember,~996.
ARTHUR I. SN!FDER, MAYOR
ATT ST
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Filed in the Office of the City Clerk, City of Aventura this
Teresa M. Smith
(SEAL) City Clerk
32800!~resoluti~turn.n21
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LOCA~ON: 19999 W. C~y Club D~ A~ ~o~.
S~E OF PROPER~ 19 ~
P~S~ ZO~G: BU-2 ~ - S~)