97-076 RESOLUTION NO. 97-76
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA APPROVING A RELEASE OF A
PREVIOUSLY APPROVED DECLARATION OF
RESTRICTIVE COVENANTS AND A PREVIOUSLY
APPROVED AGREEMENT TO PERMIT THE PROPERTY
TO BE USED AS A SYNAGOGUE/RELIGIOUS FACILITY
FOR PROPERTY LOCATED BETWEEN MYSTIC POINT
BOULEVARD AND THE INTRACOASTAL WATERWAY,
NORTH OF THE WILLIAM LEHMAN CAUSEWAY;
APPROVING A MODIFICATION OF A PREVIOUSLY
APPROVED RESOLUTION TO PERMIT THE
DEVELOPMENT OF THE PROPERTY AS A
SYNAGOGUEIRELIGIOUS FACILITY; GRANTING A NON-
USE VARIANCE TO PERMIT THE CONSTRUCTION OF A
RELIGIOUS FACILITY ON A SITE THAT DOES NOT
CONTAIN A MINIMUM OF TWO AND ONE-HALF (2 1/2)
ACRES OF LAND AREA; GRANTING A NON-USE
VARIANCE TO WAIVE THE REQUIRED MINIMUM ONE
HUNDRED FIFTY (150) FEET OF CONTIGUOUS
FRONTAGE ABUTTING A PUBLIC STREET RIGHT-OF-
WAY WHERE A PROVISION OF ZERO (0) FEET IS
PROPOSED; GRANTING A NON-USE VARIANCE TO
WAIVE THE REQUIREMENT FOR PARKING FACILITIES
TO BE PROVIDED AND MAINTAINED WITHIN THE LAND
AREA OF EVERY CHURCH SITE WHERE THERE ARE
PORTIONS OF THE PARKING LOT LOCATED OUTSIDE
OF THE SUBJECT PROPERTY; GRANTING A NON-USE
VARIANCE TO WAIVE SlX (6) FEET OF THE REQUIRED
FIFTEEN (15) FOOT INTERIOR SIDE SETBACK WHERE
THE ADJACENT PROPERTY IS ZONED RU WHERE A
PROVISION OF NINE (9) FOOT IS PROPOSED;
GRANTING A NON-USE VARIANCE TO WAIVE THE
REQUIRED DECORATIVE MASONRY WALL AT LEAST
FIVE (5) FEET IN HEIGHT TO BE CONSTRUCTED ON
THE BUSINESS LOTS ALONG THE COMMON
PROPERTY LINE SEPARATING A BU DISTRICT FROM
AN RU DISTRICT WHERE NO WALL IS PROPOSED;
GRANTING A NON-USE VARIANCE TO WAIVE FIVE (5)
Resolution No, 97-76
Page 2
FEET OF THE REQUIRED SEVEN (7) FOOT LANDSCAPE
BUFFER FOR ALL PARKING LOTS THAT ABUT A
PRIVATE ROAD WHERE A PROVISION OF TWO (2) FEET
IS PROPOSED; GRANTING A NON-USE VARIANCE TO
WAIVE TWENTY-EIGHT (28) OF THE MINIMUM
REQUIRED ONE HUNDRED AND ONE (101) PARKING
SPACES WHERE A PROVISION OF SEVENTY-THREE
(73) PARKING SPACES IS PROPOSED; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Applicant, Magen David Congregation of Florida, Inc. A Florida
Not For Profit Corporation has applied for the following:
1. Release of a previously approved Declaration of Restrictive Covenants and a
previously approved Agreement to permit the property to be used as a
synagogue/religious facility; and
2. Modification to a previously approved Resolution to permit the development of the
property as a synagogue/religious facility; and
3. Variance from Article I/Chapter 33 of the Dade County Code where no church shall
be constructed operated or permitted upon any site that does not contain a
minimum of two and one-half (2 %) acres of land area. (Prevision of 1.401 acres is
proposed).
4. Variance from Article I/Chapter 33 of the Dade County Code where the minimum
contiguous frontage of at least one hundred fifty (150) feet abutting on a public
street right-of-way is required. (Provision of 0' is proposed. The subject property
abuts a private road).
Resolution No. 97-76
Page 3
5. Variance from Article I/Chapter 33 of the Dade County Code where "off-street
parking facilities shall be provided and maintained within the land area of every
church site... "(There are portions of the parking lot located outside of the subject
property).
6. Variance from Article II/Chapter 33 of the Dade County Code requiring a fifteen (15)
foot interior side setback where the adjacent property is zoned RU. (Provision of 9'
is proposed).
7. Variance from Article XXVl/Chapter 33 of the Dade County Code requiring a
decorative masonry wall at least five (5) feet in height to be constructed on the
business lots along the common property line separating a BU district from an RU
district (no wall is proposed), excepting that a 5' masonry wall shall be built along
the north property line from the northeast corner of the property westerly to the
parking garage.
8. Variance from Chapter 18A of the Dade County Code requiring a seven (7) foot
landscape buffer for all parking lots that abut a private road. (Provision of 2'
proposed).
9. Variance from Article Vii/Chapter 33 of the Dade County Code requiring a minimum
one-hundred one (101) parking spaces. (Provision of seventy-three (73) parking
spaces proposed).
on that certain property between Mystic Point Boulevard and the Intracoastal
Waterway, north of the William Lehman Causeway in Aventura, Florida as legally
described on Exhibit #1 attached hereto; and
Resolution No. 97-76
Page 4
WHEREAS, the Community Development Department recommends approval of
these requests subject to conditions; and
WHEREAS, following proper notice, the City Council has held a public hearing
as provided by law; 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. Release of a previously approved Declaration of Restrictive
Covenants as recorded in the Official Records of Dade County at Book 11432 Page
~1161 through Page 1167 is hereby granted.
Section 2. Release of a previously approved Agreement as recorded in the
Official Records of Dade County at Book '11640 Page 905 through 909 is hereby
granted.
Section 3. The non-use variances listed above (items 3 through 9) are
approved subject to each of the following conditions:
STANDARD CONDITIONS
1. Plans shall substantially comply with those submitted as follows:
· Survey, Sheet 1 of 1, prepared by Fortin, Leavy, Skiles, Inc., updated 8/7/97;
· Site Plan, Sheet 1 of ~, prepared by Fortin, Leavy, Skiles, Inc., signed and
sealed dated 9/23/97;
Resolution No. 97-76
Page 5
· Cover Sheet, Sheet Al, prepared Cornerstone Enterprises, incorporated; dated
8/11/97;
· Lower Level Floor Plan, Sheet A2, prepared Cornerstone Enterprises,
incorporated; dated 9/22/97;
· First Floor Plan, Sheet A3, prepared Cornerstone Enterprises, incorporated;
revised date 9/22/97;
· Second Floor Plan, Sheet A4, prepared Cornerstone Enterprises, incorporated;
revised date 9/22/97;
· Elevations, Sheet A5, prepared Cornerstone Enterprises, incorporated; revised
date 9/12/97;
· Planting Plan, prepared by EGS2 corp., dated 8/21/97.
2. Applicant shall obtain building permits within 12 months of the date of this
Resolution or the site plan approval granted 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.
3. Applicant shall commence utilization of the variance(s) granted within 12 months of
the date of this Resolution or the variance(s) granted shall be deemed null and void
unless the term is extended by the City Council prior to its expiration.
PROJECT SPECIFIC CONDITIONS
1. Building Permits will not be issued prior to approval of the Tentative Plat and the
Final Plat must be recorded prior to issuance of a Certificate of Occupancy.
Resolution No. 97-76
Page 6
2. Building Permits will not be issued prior to recording an Agreement with Florida
Department of Transportation for improvements being allowed on their property.
3. A five (5) foot wide sidewalk shall be constructed to the North of the entrance drive
connecting the facility to Mystic Pointe Drive. Additionally, pedestrian striping shall
be installed across the pavement of Mystic Pointe Drive, connecting the sidewalk on
the subject property to the sidewalk on the west side of Mystic Pointe Drive.
4. A 5' masonry wall shall be built along the north property line from the northeast
corner of the property westerly to the parking garage.
5. Prior to issuance of a Certificate of Occupancy, a contract with a licensed valet
company and an agreement allowing for off-site storage area for valeted vehicles
shall be submitted to the City and shall be renewed annually by a Certificate of
Zoning Use.
6. Building permits will not be issued prior to recording an instrument limiting the use
of the Property to a religious facility as reflected on the approved plans.
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.
Resolution No. 97-76
Page 7
The foregoing Resolution was offered by Councilmember Cohen, who moved its
adoption. The motion was seconded by Councilmember Holzberg, and upon being put
to a vote, the vote was as follows:
Councilmember Arthur Berger yes
Councilmember Ken Cohen yes
Councilmember Harry Holzberg yes
Councilmember Jeffrey M. Perlow yes
Councilmember Patricia Rogers-Libert yes
Vice Mayor Jay R. Beskin yes
Mayor Arthur I. Snyder yes
PASSED AND ADOPTED this 4th day of Novembe, r. h1997.
J~hur J'. ~3~{, ;r, Mayor
ATTEST:
Teresa M. Smith, CMC, City Clerk
APPROVED AS TO LEGAL SUFFICIENCY:
This Resolution was filed in the Office of the City Clerk this/'~? day of/U~?,u~/~., 1997.
CITY CLERK
LEGAL DF-.SCRIP'RON:
A portion of Tract EE of "Fifth Addition Biscayne Yacht & CBuntry Club"
according to the plat thereof as recorded in Plat Book 99 at Page 20 of
the Public Records of Dada County, Florida, being described as follows:
Beginning at the Southeast corner of said Tract ElF, said point being on a
circular curve concave to the Northeast and bearing S 20'51'17" W from
the radius point of said curve; thence NorthwesteHy along the arc of said
curve, and along the South line said Tract EE, having a radius. ~f
246.3.48 feet and a central angle of 1'46'25" for an arc distance of 76.26
feet to the point of tangency; thence N 67-22"18" W along the South line
of said Tract EE for 361..49 feet to the Southwest comfit of said Tract EE;
thence N 11'41'01" E along the West llne of said Tract EE for 25.46 feet;
thence S 67'22'18" E for 226.02 feet; thence N 12'28'36" E for 9.54 feet;
thence N 71'41'01" E for 150.67 feet; thence S 78'18'59" E for 94-.79 feet
to the East line of said Tract EE; thence S 11'41°01" W along the East
line of said Tract EE for 159.59 feet to the Point of Beginning.
Containing 0.619 acres, more or less.
And
A portion of Tract "4" of "North Biscayne Acres" according to the plat
thereof as recorded in Plat Book 4-0 at Page 99 of the Public Dada County,
Florida being described as follows:
Commence at the Southeast corner of Tract EE of "Fifth Addition, Biscayne
Yacht and Country Club" according to the plat thereof cs recorded in Plat
Bc~ok 99 at Page 20 of the Public Records of Dada County, Florida, said
point being on a circular curve concave to the Northeast and bearing
S 2CT51"17" W from the radius point of said curve; thence Northwesterly
along the arc of said curve, and along the South llne of said Tract EE,
having a radius of 24-63.48 feet and o central angle of 0'31'16" for an
arc distance of 22.41 feet to the Point of Begii~nincj of the parcel of land
hereinafter described; thence continue Northwesterly along the SoutheHy
boundary of Tract EE, and along the arc of said curve having c radius
of 2465.4-8 feet and a central angle of 1'15'09" for e distance of 5.3.85
feet to the point cf tangency; thence N 67'22'18" W along the South line
of said Tract EE for 361.49 feet to the Southwest comer of said Tract
EE; thence S 11'41'01" W along the Southerly extension of the Westerly
line of said Tract EE for 25.21 fret; thence S 67'52'08" E for 12.95 feet;
thence S 22'07'52" W for 67.50 feet; thence S 67-52'08" E for 90.00 feet;
thence N 2Z07'52" E for 67.50 feet; thence S 67-52'08" E for 12.00 feet;
thence S 22'07'52" W for 67.50 feet; thence S 67-52'08' E for 91.50 feet;
thence N 22'07'52" E for 67,50 feet; thence S 67'52'06" E for 12,00 feet;
thence S 22'07'52" W for 67.50 feet; thence S 67'52'08' E for 91.50 feet;
thence N 22.07'52" E for 67.50 feet; thence S 67'52'08" E for 12.00 feet;
thence S 22'07'52" W for 67.50 feet; thence S 67'52'08" E for 10.88 feet
to point of curvature of a circular curve concave to the Northeast;
thence Southeasterly along the arc of said curve having a radius of
2555.9.3 feet and a central angle of 1'48'52" for an arc distance of 80,94
feet; thence N 20'10'59" E for 88.04 to the Point of Beginning,
Containing 0,781 acres, more or less.
Lands shown hereon containing 61,011 square feet, or 1.401 acres,
EXHIBIT #1