2007-021
RESOLUTION NO. 2007- 21
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, CONCERNING AN
APPLICATION FOR MODIFICATION OF CONDITION
NUMBERED 5. OF THE CONDITIONAL USE APPROVAL
GRANTED THROUGH RESOLUTION NO. 2002-46 TO
EXTEND THE TIME TO DEMOLISH BUILDING "FF" AND
TO CONSTRUCT THE ROADWAY, OFF-STREET
PARKING AND INTERFACE WITH THE EXISTING PLAZA
ON THE LOEHMANN'S PLAZA SITE AT 18741 BISCAYNE
BOULEVARD, AVENTURA, FROM APRIL 25, 2007 TO
APRIL 25, 2008; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the property described herein is zoned TC1, Town Center District;
and
WHEREAS, the applicant, through Application No. 05-CU-02 (Modification 2),
has applied for modification to Condition numbered 5 of the conditional use approval
granted through Resolution No. 2002-46 to extend the time to demolish Building "FF" on
the Loehmann's Plaza site and to construct the roadway, off-street parking and
interface with the existing plaza, from April 25, 2007 to April 25, 2008; and
WHEREAS, following proper notice, the City Commission has held a public
hearing as provided by law; and
WHEREAS, the City Commission finds that it is in the best interests of the City to
grant an extension of one hundred and eighty (180) days to the applicant, subject to the
conditions provided in Section 1. of this resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Modification to Condition numbered 5 of the conditional use
approval granted through Resolution No. 2002-46 to extend the time to demolish
Building "FF" on the approved Demolition Plan and to construct the roadway, off-street
parking and interface with the existing plaza, for one hundred and eighty (180) days
Resolution No. 2007- 21
Page 2
from the date of this resolution on property legally described in Exhibit "A" to this
Resolution, is hereby granted upon the following conditions:
1. In the event that the applicant requires further additional time to complete the
work, the City Manager may, for good cause shown, grant an additional ninety (90) day
extension of time. Good cause shall include, without limitation, good faith inability to
remove any existing tenant in Building "FF" due to actions or inactions of the tenant(s).
Any further extension may be granted only by resolution or motion of the City
Commission.
2. The applicant shall provide a bond to the City in the amount of $250,000 to
guarantee completion of the demolition of Building "FF" and construction of the new
roadway, parking area and interface with the existing plaza on the Loehmann's Plaza
site. Such bond shall be in form approved by the City Manager and City Attorney and
shall provide that it may be forfeited by the applicant for the benefit of the City if the
work is not completed within the specified time limit.
Section 2. The City Manager is authorized to cause the issuance of permits in
accordance with the decision of the City Commission herein provided and to indicate
such decision upon the records of the City.
Section 3. Effective Date. This Resolution shall become effective immediately
upon its adoption.
The foregoing resolution was offered by Commissioner Weinberg, who moved its
adoption. The motion was seconded by Commissioner Diamond, and upon being put
to a vote, the vote was as follows:
Commissioner Zev Auerbach yes
Commissioner Bob Diamond yes
Commissioner Teri Holzberg yes
Commissioner Billy Joel yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Michael Stern yes
Mayor Susan Gottlieb yes
Resolution No. 2007- ~
Page 3
PASSED AND ADOPTED this 10th day of April, 2007.
ATTEST:
APPROVED AS TO LEGAL SUFFICIENCY:
CITY~~~
r-
the Office of the City Clerk this JL day of April, 2007.
Exhibit "A"
Lee:al Description
A portion of Tracts B & C, REGINA SQUARE SUBDIVISION, according to the
Plat thereof as recorded in Plat Book 113, Page 27, of the Public Records of
Miami-Dade County, Florida, lying in the SW 1/4 of Section 3, Township 52
South, Range 42 East, City of Aventura, Miami-Dade County, Florida and being
more particularly described as follows:
Begin at the Northeast corner of said Tract "C"; the following three (3) courses
being along the Easterly and Southerly line of said Tract "C" said line also
being along the Westerly right-of-way line of N.E. 29th Avenue and Northerly
right-of-way line of N.E. 187th Street as shown on said Plat of REGINA
SQUARE SUBDIVISION, (1) thence South 00E38'10" East for 260.56 feet to a
point of curvature; (2) thence Southerly and Westerly along a 128.90 foot
radius curve leading to the right, through a central angle of 90E41'25" for an
arc of 204.03 feet to a point of tangency; (3) thence North 89E56'45" West for
126.02 feet to the Southwest corner of said Tract "C"; thence North 89E56'45"
West along the South line of said Tract "B" also being said Northerly right-of-
way of N.E. 187th Street for 364.91 feet; thence North 00E03'15" East for
443.27 feet; thence South 89E56'45" East along a line parallel with said South
line of Tract "B" for 616.05 feet; thence South OE38'lO" East along the East line
of said Tract "B" also being the West right-of-way line of N.E. 29th Avenue for
52.27 feet to the POINT OF BEGINNING.