98-056 RESOLUTION NO. 98-56
A RESOLU"ION OF THE CITY COMMISSION OF THE
CITY OF A~ ENTURA, FLORIDA GRANTING APPROVAL
OF PROPIERTY CURE FOR EMINENT DOMAIN
PROCEEDIhGS FOR PROPERTY LOCATED AT 19915-
19925 BlSC~,YNE BOULEVARD; GRANTING A NON-USE
VARIANCE OF OPEN SPACE REQUIREMENTS TO
WAIVE 0.58~ OF THE REQUIRED 14% OPEN SPACE
WHERE 1:1.42% OPEN SPACE IS PROPOSED;
GRANTING A SIGN VARIANCE TO PERMIT ONE (1)
MONUMEN'I' SIGN LARGER THAN THAT ALLOWED;
DENYING A SIGN VARIANCE FOR ONE (1)
DIRECTION~L SIGN LARGER THAN THAT ALLOWED;
PROVIDING ~,N EFFECTIVE DATE.
WHEREAS, the p~)perty described herein is zoned BU-2, Special Business
District; and
WHEREAS, the a ~licant, Biscayne Retail Partners, Ltd., through Application
Nos. 09-SP-98, and 04-V R-98 is requesting Site Plan approval and the following non-
use variances in order t( cure non-conformities created by Florida Department of
Transportation's (FDOT) :quisition of a portion of the subject property and to mitigate
the impact of the overpa on business visibility for that property located at 19915-
19925 Biscayne Boulevar¢
1. Variance from Chapt, 33 of the Miami-Dade County Code requiring 14%
landscaped open spac~. (Provision of 13.42% landscape open space is proposed).
2. Variance from Sign Crdinance No. 97-17 permitting monument signs no greater
than 48 sq. ft. in ares and 8 ft. in height. (Provision of 144 sq. ft. and 18' high
monument sign.)
Resolution No. 98-56
Page 2
3. Variance from Sign rdinance No. 97-17 permitting directional signs no greater
than 4 sq. ft. in area and 3 ft. in height. (Provision of 27.5 sq. ft. and 5'-6" high
directional sign.)
WHEREAS, the FIo ~ida Department of Transportation (FDOT) has been notified
of the application, consislent with the requirements of Ordinance No. 97-21, and is
supportive of the cure plat for the property; and
WHEREAS, the C3mmunity Development Department recognizes that this
particular subject propert~ is unique, and unlike any other in the City, whereby the
proposed FDOT overpas., will impede access to the subject property by obstructing
visibility and reducing th6 amount of travel time available for southbound drivers to
access a left turn onto Ave'~tura Boulevard to access the site; and
WHEREAS, the Co~ nmunity Development Department recommends approval of
the requests to the extent I he Application is granted, subject to conditions; and
WHEREAS, the Cit Commission has held a public hearing as provided by law;,
and
WHEREAS, the Cil Commission finds that the Application meets the criteria of
the applicable codes and, 'dinances, to the extent the Application is granted herein.
NOW, THEREFORI BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLI RIDA, THAT:
Resolution No. 98-56
Page 3
Section 1. Application Nos. 09-SP-98 and 04-VAR-98 requesting Site Plan
approval and the followin non-use variances in order to cure non-conformities created
by Florida Department of ransportation's (FDOT) acquisition of a portion of the subject
property and to mitigate th .~ impact of the overpass on business visibility:
1. Variance from Chapt,.~r 33 of the Miami-Dade County Code requiring 14%
landscaped open spac~. (Provision of 13.42% landscape open space is proposed).
2. Variance from Sign O'dinance No. 97-17 permitting monument signs no greater
than 48 sq. ft. in area and 8 ff. in height. (Provision of 144 sq. ft. and 18' high
monument sign.)
on property legally describ ~d as:
Tract "A-12" of "Aventura 12th Addition" according to the plat thereof, as
recorded in Plat Bcok 146 at Page 19 of the Public Records of Dade County,
Florida.
NK/A
19915-19925 BISC~ ~YNE BOULEVARD
AVENTURA, FLORI DA
are hereby granted subje( to each of the following conditions:
STANDARD CONDITION,~
1. Plans shall substantial comply with those submitted as follows, only to the extent
that the Application is c. anted:
,, "Aventura Boulevard ~ hopping Center Cure Site Plan for F.D.O.T. Taking Parcel
102", Dwg. No. SP-lr, )repared by Arc-Tech Associates, Inc., dated revised 06-16-
98.
Resolution No. 98-56
Page 4
2. Applicant shall obtain b Jilding permits within 12 months of the date of the settlement
of the eminent domain )roceedings of the site plan and variances granted shall be
deemed null and void u lless extended by a motion of the City Commission.
PROJECT SPECIFIC CON DITIONS
1. The existing monumen: sign located along the south property line shall be made to
conform to Code requi~ ~ments on or before June 3, 2000.
Section 2. The re( Jest for Variance from Sign Ordinance No. 97-17 to allow a
27.5 square foot, 5'-6" higl directional sign is hereby denied.
Section 3. The apl~roved site plan will supercede all previously approved site
plans.
Section 4. The Cit' Manager is authorized to cause the issuance of permits in
accordance with the appr~ vals and conditions herein provided and to indicate such
approvals and conditions L ~on the records of the City.
Section 5. This ;solution shall become effective immediately upon its
adoption.
The foregoing Res( lution was offered by Commissioner Rogers-Libert, who
moved its adoption. The ~tion was seconded by Vice Mayor Cohen, and upon being
put to a vote, the vote wa~ follows:
CommissionE Arthur Berger yes
CommissionE Jay R. Beskin yes
Commission~ Harry Holzberg yes
Commission~ Jeffrey M. Perlow yes
Commission~ Patricia Rogers-Libert yes
Vice Mayor F ~n Cohen yes
Mayor Arthu~ I~ Snyder yes
Resolution No. 98-56
Page 5
PASSED AN ADOPTED this 7th day of July, 1998.
ARTHUR I. SN'YbERI,"MAYOR
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGA SUFFICIENCY:
Ci~-~/~TTORN Ey
This Resolution was filed i~l the Office of the City Clerk this 8TM day of July, 1998.
CITY CLERK