97-063 RESOLUTION NO. 97-63
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA GRANTING APPROVAL OF
PROPERTY CURE FOR EMINENT DOMAIN
PROCEEDINGS FOR PROPERTY LEGALLY DESCRIBED
IN EXHIBIT #'1 AND COMMONLY KNOWN AS
"LOEHMANN'S FASHION ISLAND"; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Applicants PCT Biscayne Boulevard Partnership and the Florida
Department of Transportation (FDOT), through Application Nos. 05-SP-97, 0B-MA-97,
and 08-$P-97 are requesting Special Exception for site plan approval and related
variances for the property known as "Loehmann's Fashion Island."
WHEREAS, the requests are being made in order to cure non-conformities
created by FDOT's acquisition of a portion of the subject property; and
WHEREAS, the applicants have submitted two (2) sets of cure plans each,
requiring the following:
PCT Biscayne Boulevard Partnership:
1. Non-use variance of open space requirements
2. Modification of Declaration of Restrictions
Florida Department of Transportation:
1. Non-use variance of open space requirements
2. Modification of Declaration of Restrictions
3. Non-use variance of Parking lot buffer requirements (Potential Condition Plan
I only)
WHEREAS, the property described herein is zoned BU-2, Special Business
District and BU-3, Liberal Business District; and
WHEREAS, the Community Development Department recommends approval of
Application Nos. 05-SP-97 and 06-MA-97 and PCT Biscayne Boulevard Partnership's
Resolution No. 97-63
Page 2
Loehmann's "Cure Plan Alternate 1" based on superior landscaping and 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.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, THAT:
Section 1. Application Nos. 05-SP-97 and 06-MA-97 and PCT Biscayne Boulevard
Partnership's Loehmann's "Cure Plan Alternate 1' requesting special exception for site
plan approval and related variances on property legally described as:
SEE ATTACHED EXHIBIT #1
NK/A
"LOEHMANN'S FASHION ISLAND"
AVENTURA, FLORIDA
is hereby granted subject to each of the following conditions:
1. Applicant shall request building permits within twelve (12) months of the date of the
settlement of the eminent domain proceedings or the site plan and variances
granted shall be deemed null and void.
2. Applicant shall submit a landscape plan for review and approval by the City's
Landscape Architect.
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.
Section 3. This Resolution shall become effective immediately upon its
adoption.
Resolution No. 97-63
Page 3
The foregoing Resolution was offered by Councilmember Beskin, who moved its
adoption. The motion was seconded by Councilmember Cohen, 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 absent
Vice Mayor Jeffrey M. Perlow yes
Mayor Arthur I. Snyder abstained
PASSED AND ADOPTED this 7TM day of October, '~)7. ~-~
AI~T-~UA ~. 9NYD
ATTEST: L_, ~" ,
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CI~ CLERK
LEGAl- DESCRIPTION
Tracts "A", "B", and "C". Regina Square Subdivision, according to the
Plat thereof recorded in Plat Book ll3, Page 27 of the Public Records of
bade County, Flortda, less that portion of Tract "A" shown as Waiver of
Plat 1~-14337, being more particularly described as follows:
A portion o~ Tract A. REGINA SQUARE SUBDIVISION, according to the
plat thereof recorded in Plat Book 113, at Page 27 of the Public
Records of Dada County. Florida being more particularly described
as follows: Begin at the Northwest corner of said Tract A; thence
run S 89°49'44" E, along the North line of said Tract A, for a dis-
tance of 223.65 feet to a point; thence run S 0°45'I8'' E £or a dis-
tance o£ 148.I6 feet to a point on the South line of said Tract A; '
thence run N a9°$6'45'' W, along the South line of said Tract A, for
a distance o[ 75.S0 feet to a point; thence run N 0'45'18' ~, along
the West line of said Tract A, £or a distance of 131.51 feet to a
point; thence run ~ 89°49~44'' W~ along a South linc of said Tract
A, for a distance of 75.14 feet to a point; thence, run' N
W, along a West line of said Tract A, for a distance of $0.00 feet
to a point; thence run N 89°49i44' W, along a South line of said
Tract A, for a distance of 75.00 feet to a point; thence run
0°45'58'' W0 along a West line of said Tract A, for a distance
165.00 feet to thc Point of Beginning; containing 1.24 Acres, mere
or less.
A portion of Tract A, REGINA sqUARE SUBDIVISION, according to the
plat thereof recorded in Plat Book 11I, at Page 27 of the Public
Records of Dada County, Florida being more particularly described
as £ollows: Begin at the Southeast corner of said Tract A; thence
run N $9°$6'45" W, along the South line of said Tract A, for a dis-
tance of ~61.66 feet to a point; thence run N 0'0I'15" E for a dis-
tance of 149.$0 £eet to a point; thence run N 89'$6'45" ~ for a
distance of 281.19 feet to a point; thence run N 0'45'~8" W for a
distance o£ 198.74 feet to a point on the North line of said Tract
A; thence run S 89*49'44" E, along the North linc of said Tract A,
for a distance of 619.04 feet to the point of curvature o~ a circu-
lar curve to the right having a radius o£ 2S.00 feet; thence run
Southeasterly, along the Northeast line of said Tract A and along
the arc of said curve, for a distance of 18.9Z teat, through a cen-
tral angle of g9°11~4'' to the point of tangency; thence run S
0'18'10" E, along the East line of said Tract A, for a distance qf
~22.Z8 feet to the Point of Beginning; containing 4.16 Acres, more
or less.
EXHIBIT