98-050 RESOLUTION NO. 98-50
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA APPROVING THE
RELEASE OF PREVIOUSLY APPROVED RESOLUTION
NO. 4-ZAB-134-79; APPROVING THE AUTOMOBILE AND
LIGHT TRUCK, NEW SALES AGENCY OR RENTAL USE
AS REQUIRED PURSUANT TO SECTION 33-247 OF THE
MIAMI-DADE COUNTY CODE; APPROVING THE
REQUESTED NON-USE VARIANCE FROM CHAPTER 33
OF THE MIAMI-DADE COUNTY CODE REQUIRING A
DECORATIVE MASONRY WALL AT LEAST FIVE FEET IN
HEIGHT TO ENCLOSE THE VEHICLE STORAGE AREA
WHERE A PROVISION OF A PARTIAL MASONRY WALL
TO THE FRONT OF THE PROPERTY ONLY IS
PROPOSED; APPROVING THE REQUESTED NON-USE
VARIANCE FROM CHAPTER 33 OF THE MIAMI-DADE
COUNTY CODE REQUIRING A CONTINUOUS, DENSELY
PLANTED GREENBELT OF NOT LESS THAN FIFTEEN
FEET IN WIDTH WHERE A PROVISION OF A NINE (9)
FOOT WIDE INTERRUPTED GREENBELT IS PROPOSED;
APPROVING A VARIANCE FROM CITY ORDINANCE NO.
97-17 ALLOWING TWO (2) SIGNS ON A MASONRY
WALL IN LIEU OF ONE (1) FREESTANDING MONUMENT
SIGN, ALL WITH CONDITIONS AS OUTLINED HEREIN
FOR PROPERTY LOCATED AT 17800 BISCAYNE
BOULEVARD; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the property described herein is zoned BU-2, Special Business
District; and
WHEREAS, the Applicant, Drew Wolf, through Application No. 03-MA-97, has
applied for the following:
1. Release of previously approved Resolution No. 4-ZAB-134-79; and
2. Public hearing approval for automobile and light truck, new sales agency or rental
as required pursuant to Section 33-247 of the Miami-Dade County code; and
Resolution No. 98-50
Page 2
3. Variance from Chapter 33 of the Miami-Dade County Code requiring a decorative
masonry wall at least five (5) feet in height to enclose the vehicle storage area.
(Provision of a partial masonry wall to the front of the property only is proposed);
and
4. Variance from Chapter 33 of the Miami-Dade County Code requiring a continuous,
densely planted greenbelt of not less than fifteen (15) feet in width. (Provision of
nine (9) foot wide interrupted greenbelt is proposed); and
5. Variance from City Ordinance No. 97-17 allowing two (2) signs on a masonry wall in
lieu of one (1) freestanding Monument Sign
on that certain property legally described as:
Lots 11 and 12, of "Maule Federal Highway Industrial Sites", according to the Plat
thereof recorded in Plat Book 46 at Page 55 of the Public Records of Dade County,
Florida; less the east 33.75 feet thereof
aka
17800 Biscayne Boulevard in Aventura, Florida
WHEREAS, the Community Development Department recommends approval of
these requests subject to conditions; and
WHEREAS, following proper notice, 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.
Resolution No. 98-50
Page 3
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Release of previously approved Resolution No. 4-ZAB-134-79 is
hereby granted.
Section 2. Public hearing approval for automobile and light truck, new sales
agency or rental as required pursuant to Section 33-247 of the Miami-Dade County
code is hereby granted.
Section 3. Variance from Chapter 33 of the Miami-Dade County Code requiring
a decorative masonry wall at least five (5) feet in height to enclose the vehicle storage
area where provision of a partial masonry wall to the front of the property only is
proposed is hereby granted.
Section 4. Variance from Chapter 33 of the Miami-Dade County Code requiring
a continuous, densely planted greenbelt of not less than fifteen (15) feet in width where
provision of a nine (9) foot wide interrupted greenbelt is proposed is hereby granted.
Section 5. Variance from City Ordinance No. 97-17 allowing two (2) signs on a
masonry wall in lieu of one (1) freestanding Monument Sign is hereby granted, all
subject to each of the following conditions:
STANDARD CONDITIONS
1. Plans shall substantially comply with those submitted as follows:
· Site Plan, Sheet SP-1, prepared by Arc-Tech Associates Incorporated, signed and
sealed dated 5/15/98;
Resolution No. 98-50
Page 4
· Elevations and Details, Sheet SP-2, prepared by Arc-Tech Associates Incorporated,
signed and sealed dated 5/15/98;
· Planting Plan, Sheet LA-l, prepared by Arc-Tech Associates Incorporated, revised
dated 5/14/98;
· Landscape Specifications and Plant List, Sheet LA-2, prepared by Arc-Tech
Associates Incorporated, revised dated 5/14/98.
2. Applicant shall obtain building permits within 12 months of the date of this
Resolution or the approvals granted shall be deemed null and void and the
applicant shall be required to reinstate the approval process unless the term is
extended by the City Commission prior to its expiration.
PROJECT SPECIFIC CONDITIONS
3. The existing billboard located on the west side of Biscayne Boulevard, south of the
subject property, shall be completely removed from the property prior to June 1,
1999. If said billboard is not removed within this time frame, the approvals and
variances granted shall be deemed null and void and the applicant shall be required
to reinstate the approval process unless the term is extended by the City
Commission prior to its expiration. A removal bond in a form approved by the City
Attorney is required in an amount equal to the cost of removal of the billboard.
Such bond is required to be posted by Applicant prior to issuance of a Certificate of
Occupancy for the property. Additionally, the Applicant shall provide a recordable
covenant (in a form approved by the City Attorney) binding itself and its successors
and assigns, (1) consenting to the denial or revocation of building permits or
Resolution No. 98-50
Page 5
certificate of occupancy for the development of the property; (2) relinquishing any
claim against the City; and (3) covenanting not to sue the City, concerning such
denial, revocation or the removal of the billboard.
4. A recorded agreement to allow parking on the adjacent property shall be submitted
to the City prior to issuance of building permits. Such agreement shall be approved
by the City Attorney prior to recordation in the public records of Miami-Dade County,
all recording costs to be borne by the applicant.
5. The applicant shall relinquish all rights to any other signs permitted by Ordinance
97-17.
6. The signage on the masonry wall shall be rounded at the top corners so as to be
more aesthetically pleasing.
7. The signage on the wall shall not exceed an overall height of eight (8) feet, nor shall
each of the two (2) signs, including framing, exceed a maximum size of 24 square
feet.
8. All outdoor paging or speaker systems are expressly prohibited.
9. No repair work of any type will be permitted on premises.
10. Rental of automobiles and sport utility vehicles only will be allowed. No trucks shall
be rented, no accessory or other sales of vehicles will be allowed.
11. Applicant is required to coordinate site requirements consistent with the proposed
City improvements in the FEC right-of-way. City staff will make every attempt to
recognize applicant's business needs while preparing improvement plans.
Resolution No. 98-50
Page 6
Section 6. 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 7. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Vice Mayor Cohen, 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 yes
Commissioner Harry Holzberg yes
Commissioner Jeffrey M. Perlow absent
Commissioner Patricia Rogers-Libert absent
Vice Mayor Ken Cohen yes
Mayor Arthur I. Snyder yes
PASSED AND ADOPTED this 9th day of June, 1998.
Arthur I. Snyd~ May~r
ATTEST:
Teresa M. Smith, CMC, City Clerk
APPROVED AS TO LEGAL SUFFICIENCY:
Resolution No. 98-50
Page 7
This Resolution was filed in the Office of the City Clerk this I~ day of ~/J~ _, 1998.
CITY CLERK