2001-045 RESOLUTION NO. 2001-45
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA GRANTING APPROVAL OF
VARIANCE FROM SECTION 31-171 OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO ALLOW 78 OFF-
STREET PARKING SPACES WHERE 86 OFF-STREET
PARKING SPACES ARE REQUIRED; GRANTING
APPROVAL OF VARIANCE FROM SECTION 31-144(f) OF
THE CITY'S LAND DEVELOPMENT REGULATIONS TO
ALLOW A REAR YARD SETBACK FOR THE EASTERLY
BUILDING OF TEN (10) FEET WHERE A SETBACK OF
TWENTY-FIVE (25) FEET IS REQUIRED; GRANTING
RELEASE OF A DECLARATION OF USE RECORDED
JANUARY 15, 1971 IN OFFICIAL RECORDS BOOK 7031,
PAGE 660, WHICH RESTRICTED THE USE OF LOTS 6 AND
7, BLOCK 34 OF HALLANDALE PARK TO SINGLE-FAMILY
RESIDENCES; FOR PROPERTY LOCATED BETWEEN NE
213 STREET AND NE 214 STREET ON THE EAST SIDE OF
EAST DIXIE HIGHWAY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the property described herein is zoned MO, Medical Office District;
and
WHEREAS, the applicant, Aventura Office Park, LLC, through Application No.
04-VAR-01, is requesting the following:
1. A variance from Section 31-171 of the City's Land Development Regulations to
allow 78 off-street parking spaces where 86 off-street parking spaces are required
and
2. A variance from Section 31-144(f) of the City's Land Development Regulations to
allow a rear yard setback for the easterly building of ten feet (10') where a rear yard
setback of twenty-five feet (25') is required; and
3. A Release of a Declaration of Use recorded January 15, 1971 in Official Records
Book 7031, Page 660 which restricted the use of Lots 6 and 7, Block 34 of
Hallandale Park to single-family residences.
Resolution No. 2001-45
Page 2
WHEREAS, the City Commission has held a public hearing as provided by law;
and
WHEREAS, the City Commission finds that the Application meets the criteria of
the applicable codes and ordinances, to the extent the Application is granted herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Application No. 04-VAR-99, requesting variance from Section 31-171
of the City's Land Development Regulations to allow 78 off-street parking spaces where
86 off-street parking spaces are required on property legally described as:
Part of Lots 6 and 7 and all of Lots 1, 2, 3, 4, 5, 10, and 11, Block
33 together with Lots 1,2, 3, 4, and the west 15 feet of Lot 5, Block
34, Hallandale Park according to the plat thereof, as recorded in
Book 12, Page 37 of the public records of Miami-Dade County,
Florida.
A/K/A
Between NE 213 Street and NE 214 Street on the east side of East Dixie
Highway
Aventura, Florida
is hereby approved.
Section 2. Application for variance from Section 31-144(f) of the City's Land
Development Regulations to allow a rear yard setback for the easterly building of ten
feet (10') where a rear yard setback of twenty-five feet (25') is required, is hereby
approved, Section 1 and Section 2 approvals subject to conditions as follows:
CONDITIONS
1. Plans shall substantially comply with those submitted as follows:
· "Aventura Office Park: Site Plan", Sheet A-l, prepared by Ben Lopez & Associates,
Inc., dated 4/30/01, signed and sealed dated 06/04/01.
Resolution No. 2001-45
Page 3
· "Aventura Office Park: Roof Plan", Sheet A-2, prepared by Ben Lopez & Associates
Inc., dated 02/14/01, signed and sealed dated 06/04/01.
· "Aventura Office Park: Elevations", Sheet A~3, prepared by Ben Lopez & Associates
Inc., dated 04/30/01, signed and sealed 06/04/01.
· "Aventura Office Park: Elevations", Sheet A-3.1, prepared by Ben Lopez &
Associates Inc., dated 04/30/01, signed and sealed 06/04/01.
· "Aventura Office Park: Elevations", Sheet A-3.2, prepared by Ben Lopez &
Associates Inc., dated 04/30/01, signed and sealed 06/04/01.
· "Aventura Office Park: Existing Conditions Plan", Sheet L-1 prepared by Ben Lopez
& Associates Inc., dated 05/18/01, signed and sealed 06/04/01.
· "Aventura Office Park: Landscape Plan", Sheet L-2 prepared by Ben Lopez &
Associates Inc., dated 05/18/01, signed and sealed 06/04/01.
2. Permits shall be obtained within twelve (12) months of the date of the Resolution or
the approvals granted shall be deemed null and void unless extended by a motion of
the City Commission.
3. The applicant shall install the following improvements:
· Eight on-street parallel parking spaces along NE 214 Street.
· A 5' wide concrete sidewalk around the perimeter of the site.
· Curbing, gutter pan, drainage works along NE 213 Street and NE 214 Street
adjacent to the site.
· Street lighting along NE 213 Street, NE 214 Street and East Dixie Highway adjacent
to the site.
· Street landscaping on NE 213 Street, NE 214 Street and East Dixie Highway
adjacent to the site which shall conform to Aventura signature lighting.
The applicant shall prepare an engineering plan and final estimate of cost detailing
the installation of these improvements in a form acceptable to the City Manager and
City Engineer prior to the issuance of building permits.
4. The applicant shall post a surety bond or other similar instrument acceptable to the
City Manager in an amount not to exceed $82,000.00 prior to the issuance of
building permits, said bond to be returned to the applicant after the completion of
the parking, curbing, lighting, drainage and landscaping improvements within the
public right-of-way specified in Condition 3.
5. The applicant shall obtain approval of Miami-Dade County Department of
Environmental Resources Management respecting tree preservation and tree
removal, prior to issuance of site plan approval for the development.
6. The applicant shall provide an executed Unity of Title, in a form to be approved by
the City Attorney and City Manager, or replat the site, prior to issuance of a building
permit for the development.
Resolution No. 2001-45
Page 4
7. If the City Manager finds probable cause to believe that a disturbance has been
created by the granting of the parking variance, then the property owner will be
required to install a minimum of eight (8) on-street parking spaces in the right-of-way
of NE 213 Street, adjacent to the property, in a manner to be approved by the City
Manager and the City Engineer, at the owner's expense.
8. The applicant shall record this Resolution in the Public Records of Miami-Dade
County, prior to the issuance of a building permit. All expenses shall be borne by
the applicant.
Section 3. A Release of a Declaration of Use recorded January 15, 1971 in
Official Records Book 7031, Page 660 which restricted the use of Lots 6 and 7, Block
34 of Hallandale Park to single-family residences is hereby approved.
Section 4. The City Manager is authorized to cause the issuance of permits in
accordance with the approvals and conditions herein provided and to indicate such
approvals and conditions upon the records of the City.
Section 5. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner Rogers-Libert, who
moved its adoption. The motion was seconded by Commissioner Beskin, and upon
being put to a vote, the vote was as follows:
Commissioner Arthur Berger yes
Commissioner Jay R. Beskin yes
Commissioner Manny Grossman yes
Commissioner Harry Holzberg yes
Commissioner Patricia Rogers-Libert yes
Vice Mayor Ken Cohen yes
Mayor Jeffrey M. Perlow absent from the room
Resolution No. 2001- 45
Page 5
PASSED AND ADOPTED this 3rd day of July, 2001.
ATTEST:
TI~SA M. S(~KA, (~MC
C1~¥ CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This~solution~N~ fil~:l~n thej~fice of the City Clerk this ~---~1. ay of July, 2001 ·