98-088 RESOLUTION NO. 98-88
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING A MODIFICATION OF
RESOLUTION NO. 644 ONLY AS THIS APPROVAL RELEASES
THE PREVIOUS APPROVAL PERMITTING A CONCRETE
BLOCK AND READY MIX CEMENT PLANT; GRANTING
UNUSUAL USE APPROVAL PURSUANT TO SECTION 33-13 OF
THE MIAMI-DADE COUNTY CODE TO ALLOW OUTDOOR
PATIO AND TABLE SERVICE IN CONNECTION WITH A
RESTUARANT; GRANTING PUBLIC HEARING APPROVAL
PURSUANT TO SECTION 33-58 OF THE MIAMI-DADE COUNTY
CODE TO ALLOW A BUILDING WHICH HEIGHT EXCEEDS THE
WIDTH OF THE WIDEST STREET UPON WHICH SUCH
BUILDING ABUTS; GRANTING A VARIANCE FROM CHAPTER
33 OF THE MIAMI-DADE COUNTY CODE WHICH REQUIRES
796 PARKING SPACES WHERE A PROVISION OF 793
PARKING SPACES IS PROPOSED; GRANTING A VARIANCE
FROM CHAPTER 33 OF THE MIAMI-DADE COUNTY CODE
WHICH REQUIRES A SIDE STREET (SOUTH) SETBACK OF
THIRTY-TWO (32) FEET WHERE A PROVISION OF FIFTEEN
(15) FEET IS PROPOSED; GRANTING A VARIANCE FROM
CHAPTER 33 OF THE MIAMI-DADE COUNTY CODE WHICH
REQUIRES A FRONT (WEST) SETBACK OF TWENTY (20)
FEET WHERE A PROVISION OF SEVENTEEN (17) FEET IS
PROPOSED; APPROVING A VARIANCE FROM CHAPTER 33 OF
THE MIAMI-DADE COUNTY CODE WHICH REQUIRES 54,985
SQUARE FEET OF LANDSCAPING WHERE A PROVISION OF
27,128 SQUARE FEET OF LANDSCAPING IS PROPOSED FOR
PROPERTY LOCATED AT THE NORTHEAST CORNER OF NE
29 AVENUE AND NE 188 STREET; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the property described herein is zoned IU-1, Light Manufacturing
District and IU-2, Heavy Manufacturing District; and
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Page 2
WHEREAS, the Applicant, Stanley B. Price for Aventura International Business
Center, Ltd, a Florida Limited Partnership, through Application No. 11-SP-98, has
applied for the following:
1. Modification of Resolution No. 644 only as this approval releases the previous
approval permitting a concrete block and ready mix cement plant; and
2. Unusual Use approval pursuant to Section 33-13 of the Miami-Dade County Code
to allow outdoor patio and table service in connection with a restaurant; and
3. Public Hearing approval pursuant to Section 33-58 of the Miami-Dade County Code
to allow a building which height exceeds the width of the widest street upon which
such building abuts; and
4. Variance from Chapter 33 of the Miami-Dade County Code which requires 796
parking spaces. (Provision of 793 parking spaces is proposed); and
5. Variance from Chapter 33 of the Miami-Dade County Code which requires a side
street (south) setback of thirty-two (32) feet. (Provision of fifteen (15) feet is
proposed); and
6. Variance from Chapter 33 of the Miami-Dade County Code which requires a front
(west) setback of twenty (20) feet. (Provision of seventeen (17) feet is proposed);
and
7. Variance from Chapter 33 of the Miami-Dade County Code which requires 54,985
square feet of landscaping. (Provision of 27,128 square feet of landscaping is
proposed).
Resolution No. 98-88
Page 3
on that certain property at the northeast corner of NE 29 Avenue and NE 188 Street in
Aventura, Florida as legally described on Exhibit #1 attached hereto; 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.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Modification of Resolution No. 644 only as this approval releases the
previous approval permitting a concrete block and ready mix cement plant is hereby
granted.
Section 2. Unusual Use approval pursuant to Section 33-13 of the Miami-Dade
County Code to allow outdoor patio and table service in connection with a restaurant is
hereby granted, subject to conditions as outlined herein.
Section 3. Public Hearing approval pursuant to Section 33-58 of the Miami-
Dade County Code to allow a building which height exceeds the width of the widest
street upon which such building abuts is hereby granted, subject to conditions as
outlined herein.
Resolution No. 98-88
Page 4
Section 4. Variance from Chapter 33 of the Miami-Dade County Code which
requires 796 parking spaces where a provision of 793 parking spaces is proposed, is
hereby granted, subject to conditions as outlined herein.
Section $. Variance from Chapter 33 of the Miami-Dade County Code which
requires a side street (south) setback of thirty-two (32) feet where a provision of fifteen
(15) feet is proposed is hereby granted, subject to conditions as outlined herein.
Section 6. Variance from Chapter 33 of the Miami-Dade County Code which
requires a front (west) setback of twenty (20) feet where a provision of seventeen (17)
feet is proposed subject to conditions as outlined herein.
Section 7. Variance from Chapter 33 of the Miami-Dade County Code which
requires 54,985 square feet of landscaping where a provision of 27,128 square feet of
landscaping is proposed is hereby approved subject to conditions as follows:
STANDARD CONDITIONS
1. Plans shall substantially comply with those submitted as follows:
· Harbour Centre at Aventura (cover page), prepared by Arquitectonica, dated
October 21, 1998;
Demolition Plan and Tree Survey Along Canal Bank, Sheet SP-1, prepared by
Arquitectonica, dated 10/2198;
· Site Plan, Sheet SP-2, prepared by Arquitectonica, dated 11/5/98;
· Landscape Plan, Sheet L-l, prepared by Arquitectonica, dated 10/23/98;
· Floor Plans, SheetA-1, prepared byArquitectonica, dated 10121198;
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Page 5
· Floor Plans, Sheet A-2, prepared by Arquitectonica, dated 10/21/98;
· Elevations, Sheet A-3, prepared by Arquitectonica, dated 10/21/98;
· Elevations, Sheet A-4, prepared by Arquitectonica, dated 10/21/98;
· Street Elevation, Sheet A-5, prepared by Arquitectonica, dated 10/21/98.
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 unless extended
by a motion of the City Commission.
3. The outdoor patio and table service shall be operated solely as an accessory use to
the restaurant, and if this use is terminated, the outdoor patio and table service use
will automatically expire.
4. The outdoor dining shall be terminated in the event that the City Commission
determines, after a public hearing, that the outdoor dining operation has created
and/or may tend to create noise disturbances. The public hearing shall be set if the
Director of the Department finds probable cause to believe that a noise disturbance
has been created, based upon complaints received or the Director's observation.
5. No plastic or paper shall be utilized for food or beverage service in the outdoor
dining area, so as to avoid litter problems.
PROJECT SPECIFIC CONDITIONS
1. Applicant shall construct improvements, or provide funding, in conjunction with the
City's improvement project for NE 29 Avenue in accordance with design approved
by the City Engineer for that area of right-of-way adjacent to the property. Such
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improvements shall be completed, or funding provided, within ninety (90) days of
the date of this Resolution. Such funding amount shall not exceed $119,933.90.
2. A tree removal permit is required by DERM prior to any work commencing.
3. Applicant shall construct improvements, or provide funding for roadway
beautification, including, but not limited to landscaping and paver block
improvements, in conjunction with the City's improvement project for NE 29 Avenue
and NE 191 Street. Such improvements shall be completed, or funding provided,
within sixty (60) days of the date of this Resolution. Such funding amount shall not
exceed $25,000.00.
Section 8. Applicant must obtain a building permit for the frontage building
simultaneously with the application for the 10-story office building permit.
Section 9. 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 10. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner Perlow, who moved its
adoption. The motion was seconded by Commissioner Beskin, and upon being put to a
vote, the vote was as follows:
Commissioner Arthur Berger yes*(except as to Section 7)
Commissioner Jay R. Beskin yes
Commissioner Ken Cohen yes
Commissioner Jeffrey M. Perlow yes
Commissioner Patricia Rogers-Libert absent
Vice Mayor Harry Holzberg yes
Mayor Arthur I. Snyder yes
Resolution No.
Page 7
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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 /J~,¥j/~,~f,¢1998.
CITY CLERK