97-042 RESOLUTION NO. 97-42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA GRANTING A VARIANCE
FROM THE REQUIRED TWO (2) OFF-STREET PARKING
SPACES TO PERMIT GARAGES TO APPLY TOWARDS
ONE OF THE TWO REQUIRED SPACES; VARIANCE
FROM THE MINIMUM REQUIRED TWENTY (20) FEET
SETBACK FROM GARAGE TO NEAREST EDGE OF
ROADWAY PAVEMENT; AND VARIANCE FROM THE
MINIMUM FIFTEEN (15) FEET SETBACK FROM A
GROUP OF TOWNHOUSES TO A PUBLIC OR PRIVATE
STREET TO PERMIT THE CONSTRUCTION OF SIXTY-
FIVE (65) TOWNHOUSE UNITS FOR THE PROPERTY
LOCATED ON THE SOUTHWEST CORNER OF NE 185
STREET AND NE 31 AVENUE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the property described herein is zoned RU-4, High Density
Apartment House District; and
WHEREAS, the Aventura Bay Townhomes Corporation is requesting three non-
use variances pursuant to Chapter 33 of the Code of Ordinances of Metro-Dade County
as applicable pursuant to City Charter Section 8.03, and Ordinance 96-08 to permit a
sixty-five (65) unit townhouse development on the property subject property; and
WHEREAS, the Community Development Department recommends approval of
these requests subject to conditions; and
WHEREAS, the City Council has held a public hearing as provided by la~ and
WHEREAS, the City Council finds that the Application meets the criteria of the
applicable codes and ordinances, to the extent the Application is granted herein.
Resolution No. 97-42
Page 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, THAT:
Section 1. Application No. 04-MA-97 for approval of three non-use variances to
permit a sixty-five unit townhouse development on property legally described as:
TRACT "B' OF ATLAS TERMINAL APARTMENTS,
ACCORDING TO THE PLAT THEREOF, AS RECORDED
IN PLAT BOOK 147, AT PAGE 67 OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA.
A/K/A
SOUTHWEST CORNER OF NE 185 STREET AND NE 31
STREET, AVENTURA, FLORIDA
is hereby granted subject to each of the following conditions:
STANDARD CONDITIONS
1. That a site plan be submitted to and meet with the approval of the Community
Development Director. That in the approval of the site plan, the same be
substantially in accordance with that entitled "Aventura Bay Townhomes Site Plan",
"Typical Building Elevations", and "Typical Building Plan" as prepared by Hector
Valdivia, Architect, dated stamped received June 26, 1997, and "Planting Plan" as
prepared by Albert R. Perez Associates, P. A, Landscape Architects, dated stamped
received June 11, 1997.
2. That the use be established and maintained in accordance with the approved plans.
3. Applicant shall obtain building permits within 12 months of the date that site plan
approval is granted or the site plan shall be deemed null and void and the applicant
shall be required to reinstate the site plan review process unless the term is
extended by the City Council prior to its expiration.
4. Applicant shall commence utilization of the variance(s) granted within 12 months of
the date of this Resolution of the variance(s) granted shall be deemed null and void
unless the term is extended by the City Council prior to its expiration.
Resolution No. 97-42
Page 3
5. Ail development identification signage requires a separate permit prior to
installation. Site plan approval does not constitute sign approval.
6. A complete paving and drainage plan showing proposed and existing grading,
drainage details and calculations must be submitted to and approved by the City
Engineer prior to the issuance of a building permit.
7. All utilities, including, but not limited to, electrical and telephone must be located
underground.
8. This project must connect to the sanitary sewer system in a manner and location to
be approved by the public utility responsible for connection and service.
9. Drop curbs shall be provided at all points where pedestrian walkways intersect with
vehicular use areas and shall be properly striped across driveways and drive aisles.
10. Provide "Stop" signs and stop bars at any exiting driveways at the property line.
11. Only Type D or Type F continuous curbing is allowed. Curbing shall be back-filled
with clean fill. Extruded curbing is not permitted.
PROJECT SPECIFIC CONDITIONS
12. A 6 ft. masonry or concrete wall be erected along the south property line prior to
the issuance of the first permit, excluding the permit for the wall.
13. The perimeter wall be treated and maintained with anti-graffiti paint.
14. A covenant running with the land be proffered which precludes the conversion of
garage space to storage or living space, said covenant to be enforceable by the
City. The specific language shall be reviewed and approved by the City Attorney,
and recorded in the public records of Dade County prior to the issuance of the first
building permit. All costs to be born by the applicant.
15. Provide evidence that Metro-Dade Department of Environmental Resources
Management (DERM) finds no objection to the variances.
Section 2. 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.
Resolution No. 97-42
Page 4
Section 3, This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Councilmember Beskin, who moved its
adoption. The motion was seconded by Councilmember Rogers-Libert, and upon being
put to a vote, the vote was as follows:
Councilmember Arthur Berger yes
Councilmember Jay R. Beskin yes
Councilmember Ken Cohen yes
Councilmember Harry Holzberg yes
Councilmember Patricia Rogers-Libert yes
Vice Mayor Jeffrey M Perlow yes
Mayor Arthur I. Snyder absent
~TFIUR I. SI~yDER, MAYOR
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Resolution No. 97-42
Page 5
This Resolution was filed in the Office of the City Clerk this 7 day o ,1997.
CITY CLERK