98-041 RESOLUTION NO. 98-41
A RESOLUTION OF THE CITY COMMISSION 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 "COVE OF
BISCAYNE SHOPPING CENTER"; GRANTING A NON-
USE VARIANCE OF SETBACK REQUIREMENTS TO
WAIVE ELEVEN FEET (11') OF THE REQUIRED TWENTY
FOOT (20') FRONT SETBACK WHERE A NINE FOOT (9')
FRONT SETBACK IS PROPOSED (BISCAYNE
BOULEVARD); GRANTING A NON-USE VARIANCE OF
OPEN SPACE REQUIREMENTS TO WAIVE 1.6% OF THE
REQUIRED 12.6% OPEN SPACE WHERE 11.0% OPEN
SPACE IS PROPOSED; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the property described herein is zoned BU-3, Liberal Business
District and IU-1, Industrial, Light Manufacturing District; and
WHEREAS, the applicants Pappas Properties, Inc. and the Florida Department
of Transportation (FDOT), through Application Nos. 03-SP-98, 07-SP-98, and 01-NUV-
98 are requesting Site Plan approval in conjunction with the following non-use
variances as prompted by the FDOT taking of a portion of the subject property known
as "Cove of Biscayne Shopping Center:"
1) A non-use variance of setback requirements to waive eleven feet (11') of the
required twenty foot (20') front setback where a nine foot (9') front setback is
proposed (Biscayne Boulevard); and
Resolution No.98-41
Page 2
2) A non-use variance of open space requirements to waive 1.6% of the required
12.6% open space where 11.0% open space is proposed.
The site plan will supercede all previously approved site plans.
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 agreed upon a cure plan for the property; and
WHEREAS, the Community Development Department recommends approval of
the requests subject to conditions; and
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 Nos. 03-SP-98, 07-SP-98, and 01-NUV-98 requesting
Site Plan approval in conjunction with the following non-use variances as prompted by
the FDOT taking of a portion of the subject property known as "Cove of Biscayne
Shopping Center:"
Resolution No.98-41
Page 3
1) A non-use variance of setback requirements to waive eleven feet (11') of the
required twenty foot (20') front setback where a nine foot (9') front setback is
proposed (Biscayne Boulevard); and
2) A non-use variance of open space requirements to waive 1.6% of the required
12.6% open space where 11.0% open space is proposed.
The site plan will supercede all previously approved site plans on property legally
described as:
SEE ATTACHED EXHIBIT #1
NK/A
18955- 19001 BISCAYNE BOULEVARD
"COVE OF BISCAYNE SHOPPING CENTER"
AVENTURA, FLORIDA
is hereby granted subject to each of the following conditions:
STANDARD CONDITIONS
1. Plans shall substantially comply with those submitted as follows:
· Revised Master Plan, Site Plan, Cove of Biscayne Shopping Center, Sheet S-l,
prepared by Charles Putman & Associates, Inc., dated 3-27-98;
· Tree Relocation/Removal Plan, Cove of Biscayne Shopping Center, Sheet L-l,
prepared by Charles Putman & Associates, Inc., dated 3-27-98;
· Landscape Plan, Cove of Biscayne Shopping Center, Sheet L-2, prepared by
Charles Putman & Associates, Inc., dated 3-27-98;
· Boundary and Improvement Survey, prepared by Keith and Schnarrs, P.A., revised
dated 3~25~98.
Resolution No.98-41
Page 4
PROJECT SPECIFIC CONDITIONS
1. Applicant shall obtain building permits within 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 install safety bollards at the southwest corner of the existing building
where the setback variance is being requested so as to provide precautionary
measures pursuant to a request by the Police Department. Such bollards shall be
in a location and of a quantity as approved by the City Manager or his designee
prior to issuance of building permits.
3. Applicant shall not conduct any business activity immediately to the west of the
premises nor the storage of garbage containers, restaurant or other equipment, now
or in the future.
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.
The foregoing Resolution was offered by Commissioner Rogers--Libert, who
moved its adoption. The motion was seconded by Commissioner Holzberg, and upon
being put to a vote, the vote was as follows:
Commissioner Arthur Berger yes
Commissioner Jay R. Beskin no
Commissioner Harry Holzberg yes
Commissioner Jeffrey M. Perlow absent from the room
J LAND DESCRIPTION J
A PORTION OF THE SOUTHWEST ONE-0UARTER OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE
42 EAST, BEING MORE PARTICULARLY DESCRI3ED AS FOLLOWSi
COMMENCE AT THE NORTHWEST CORNER OF THE SOUTHWEST ONE-QUARTER OF SAID SECT[ON
3, THENCE EASTERLY ALONG THE NORTH LINE OF THE SOUTHWEST ONE-OUARTER OF SAID
SECTION 3, NORTH 87-34*55~ EAST, 811Dig FEET TO THE EAST RIGHT OF WAY LINE
OF BISCAYNE BOULEVARD (STATE ROAD 5I AS SH0~N ON THE FLORIDA DEPARTk~NT OF
TRANSPORTATION RIGHT OF WAY MAP FOR SECTION 87030-25TOi THENCE SOUTHERLY
ALONG SAID EAST RIGHT OF WAY LINE, SOUTH 02'0T'21~ EAST, 209.88 FEET TO THE
POINT OF BEGINNINGs THENCE CONTINUE SOUTHERLY ALONG SAID EAST RIGHT OF WAY
LINE, SOUTH O2oO7'21~ EAST, 252.28 FEET TO A POINT ON A LINE 200.00 FEET NORTH
OF AND PARALLEL WITH THE SOUTH LINE OF THE NORTHEAST ONE-QUARTER OF THE NORTH-
WEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 31 THENCE EAST-
ERLY ALONG SAID PARALLEL LINE, NORTH 87°31'38" EAST, 439.50 FEET TO A POINT
ON A LINE 100.00 WEST OF AND PARALLEL WITH THE EAST LINE OF THE NORTHlltEST
ONE-OUARTER OF THE SOUTHWEST ONE-OUARTER OF SAID SECTION 31 THENCE NORTHERLY
ALONG SAID PARALLEL LINE, NORTH O3°22'15~ WEST,. 211.88 FEETs THENCE SOUTH
87"34'55~ WEST, 75.15 FEETs THENCE NORTH 03"22't5~ WEST, 50-OI FEETr THENCE
SOUTH 87'34'55' WEST, 75.01FEETI THENCE SOUTH 03e22'15~ EAST, I0.00 FEET TO
A POINT ON A LINE 210-00 FEET SOUTH OF ANO PARALLEL WITH THE NORTH LINE OF
THE SOUTHWEST 0NE-OUARTER OF SAID SECTION 3~ THENCE WESTERLY ALONG SAID
PARALLEL LINE, SOUTH 87'34'55' WEST, 283.85 FEET TO THE POINT OF BEGINNING.
SA]0 LANDS LYING IN THE CITY OF AVENTURA, DADE COUNTY, FLOR[DA.
CONTAINING 107,835 SQUARE FEET (2.4755 ACRES), MORE OR LESS.
EXHIBIT #t
Resolution No.98-41
Page 5
Commissioner Patricia Rogers-Libert yes
Vice Mayor Ken Cohen yes
Mayor Arthur I. Snyder absent from the room
PASSED AND ADOPTED this 5th day of May, 1998.
KEN COHEN, VICE MAYOR
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this ~'- day of May, 1998. - , ? :"~ ~
CITY CLERK