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Z-96-8-ACC-2 CITY OF AVENTURA RESOLUTION NO. Z-96-8-ACC-2 WHEREAS, Trafalgar Associates of Aventura Ltd., hereinafter referred to as "Applicant," has applied to the City of Aventura for the modification of previously approved plans and covenant which precluded the provision of swimming pools in conjunction with single family residences, for that certain property described in the application (the "Application") and in Exhibit "A" attached hereto; and WHEREAS, the Application is subject to the jurisdiction of the City of Aventura City Commission (the "City Commission") in accordance with City Ordinance 96-08; and WHEREAS, a public hearing by the City Commission was held in accordance with public notice as required by law; and WHEREAS, the City Commission has been advised by City staff that the subject application has been reviewed for compliance with concurrency requirements for level of service, and at this stage of the request, the same was 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 Commission that the requested modification of plan and covenant which is granted below is justified and meets 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. The City Commission specifically finds that the plan modification is consistent with the comprehensive plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. That the above stated recitals and findings are incorporated by reference and the Application be and the same is hereby granted, subject to the applicable conditions set forth below as follows: 1. Modification of previously approved plans and covenant is hereby granted to allow a provision of swimming pools in conjunction with individual single family residences. Section 2. Conditions. That the conditions hereby established upon the Application approval granted above are as follows: 1. That development authorized by this Resolution conform to the approved plans described herein. That the applicant shall provide, execute and deliver to the City, in a form approved by the City Attorney, a modification of declaration of restrictions in conformity with the approval granted by and conditions provided by this Resolution. 2. That three community pools for the development will be built by Applicant and any further change of plans concerning such pools will be subject to City Commission approval. 3. The approvals granted herein are subject to the conditions and recommendations as provided by the City staff including the County recommendations which were incorporated within the City staff report. 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 determination may subsequently be required before final 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 20th day of/A ~ ugust, ~996. '~ ~ ~,~' ~- ARTHUR I. SNYDER, ]MAYOR ATTEST~ ~ TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY CITY ATTORNEY ~xo~in the Office of the City Clerk, City of Aventura this ,ZQ day of , 1998. 2 Exhibit "A" LEGAL DESCRIPTION: