98-099 RESOLUTION NO. 98-99
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING RELEASE OF MIAMI-DADE
COUNTY RESOLUTION NO. 3166 WHICH GRANTED SPECIAL
PERMIT APPROVAL TO ALLOW A CHILDREN'S AMUSEMENT
PARK, ZOOLOGICAL GARDEN AND CIRCUS WINTER
QUARTERS ON THE PROPERTY; APPROVING REZONING OF
THE PROPERTY FROM IU-1, LIGHT INDUSTRIAL DISTRICT TO
RU-4M, MODIFIED APARTMENT HOUSE DISTRICT; GRANTING
VARIANCE FROM CHAPTER 33 OF THE MIAMI-DADE COUNTY
CODE TO PERMIT A TOTAL LOT COVERAGE OF 32.66%
WHERE A MAXIMUM LOT COVERAGE OF 38% IS ALLOWED
FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF
NE 28 COURT AND NE 186 STREET; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the property described herein is zoned IU-1, Light Industrial District;
and
WHEREAS, the Applicant, PRE GP VI, Inc., through Application Numbers 13-
SP-98, 02-REZ-98 and 09-VAR-98, has applied for the following:
1. Release of Miami-Dade County Resolution No. 3166 which granted special permit
approval to allow a children's amusement park, zoological garden and circus winter
quarters on the property; and
2. Rezoning of the property from IU-1, Light Industrial District to RU-4M, Modified
Apartment House District; and
3. Variance from Chapter 33 of the Miami-Dade County Code to permit a total lot
coverage of 32.66% where a maximum lot coverage of 30% is allowed; and
Resolution No. 98-99
Page 2
4. Variance from Chapter 33 of the Miami-Dade County Code which requires a
building separation of thirty (30) feet where a provision of less than thirty (30) feet
is proposed in multiple locations;
on that certain property located at the northeast corner of NE 28 Court and NE 185
Street in Aventura, Florida as legally described in Exhibit #1 as 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. Release of Miami-Dade County Resolution No. 3166 which granted
special permit approval to allow a children's amusement park, zoological garden and
circus winter quarters on the property is hereby released.
Section 2. Rezoning of the property from IU-1, Light Industrial District to RU-
4M, Modified Apartment House District is hereby granted, subject to conditions as
outlined herein.
Section 3. Variance from Chapter 33 of the Miami-Dade County Code to permit
a total lot coverage of 32.66% where a maximum lot coverage of 30% is allowed is
hereby granted, subject to conditions as outlined herein.
Resolution No. 98-99
Page 3
Section 4. Variance from Chapter 33 of the Miami-Dade County Code which
requires a building separation of thirty (30) feet where a provision of less than thirty
(30) feet is proposed in multiple locations is hereby granted, subject to conditions as
follows:
STANDARD CONDITIONS
1. Plans shall substantially comply with those submitted as follows:
· Site Plan, Carlisle at Aventura, Sheet 1 of 1, prepared by SDA & Associates,
revised dated 11-30-98;
· Aventura Commons, (Building Elevations), Sheet A-T1.3, prepared by Tseng
Consulting Group, Inc., signed and sealed dated 11/30/98, drawing dated 8/19/98;
· Preliminary Landscape Plan, Carlisle at Aventura, Sheet LP-1, prepared by Danny
Powell Landscape Architecture Ltd., revised dated 12/01/98;
· Fire Truck Cirouletion Plan, Carlisle at Aventura, Sheet LC-l, prepared by Danny
Powell Landscape Architecture Ltd., revised dated 1210'1198;
· Pedestrian Circulation and Signege Plan, Carlisle at Aventura, Sheet LC-2,
prepared by Danny Powell Landscape Architecture Ltd., revised dated 12/01/98.
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.
PROJECT SPECIFIC CONDITIONS
1. Applicant shall construct improvements, or provide funding in a form to be
approved by the City Manager, in conjunction with the City's improvement project
Resolution No. 98-99
Page 4
for NE 28 Court and NE 185 Street in accordance with design approved by the City
Engineer for that area of right-of-way adjacent to the property. Such improvements
shall be completed, or funding provided, prior to June 1, 1999. Such funding
amount shall not exceed $186,430.00.
2. Applicant shall provide an agreement or written assurance in a form to be approved
by the City Attorney, requiring that the owner and/or property management
company shall be responsible for all on-site parking enforcement. Such agreement
shall be approved and executed prior to issuance of the first Certificate of
Occupancy for the development.
3. Applicant shall provide a covenant in a form to be approved by the City Attorney,
prohibiting garage area(s) from being used for living area and enabling the City to
make inspections under reasonable circumstances to confirm compliance with this
covenant.
Section $. 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 6. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Vice Mayor Holzberg, who moved its
adoption. The motion was seconded by Commissioner Perlow, and upon being put to a
vote, the vote was as follows:
Resolution No. 98-~_.9_
Page 5
Commissioner Arthur Berger yes
Commissioner Jay R. Beskin yes
Commissioner Ken Cohen yes
Commissioner Jeffrey M. Perlow yes
Commissioner Patricia Rogers-Libert yes
Vice Mayor Harry Holzberg ?es
Mayor Arthur I. Snyder yes
PASSED AND ADOPTED this 15th day of December, 1998.
C/~rthur-I Snyde~r, I~ ~or
ATTEST:
Teresa M. Smith, CMC, City Clerk
APPROVED AS TO LEGAL SUFFICIENCY:
CITY A'I-I'ORNE¥
This Resolution was filed in the Office of the City Clerk this '7' day of~u,L___~ 1998.
CITY CLERK
LEGAL DESCRIPTION
A parcel of land lying in the North 1/2 of the SE 1/4 of the SW 1/4 of Section 3, Township 52
South, Range 42 East, Miami-Dade County, Florida, being more particularly described as
follows:
Commence at the Northeast corner of the NW 1/4 of the SE 1/4 of the SW 1/4 of said
Section 3, thence run North 89 degrees 56 minutes 45 seconds West along the North line of
the NW 1/4 of the SE 1/4 of the SW 1/4 of said Section 3 for a distance of 273.11 feet to a
point; thence run South 0 degrees 02 minutes 30 seconds West a distance of 258.64 feet to
a point of curvature of a curve concave to the Northeast; thence run along the arc of said
curve, having for its elements a radius of 30 feet, a central angle of 45 degrees 04 minutes
53 seconds for a distance of 23.60 feet to a point of reverse curvature of a curve concave to
the Southwest, having for its elements a radius of 100 feet, a central angle of 21 degrees 29
minutes 05 seconds for a distance of 37.50 feet to a point on said curve, said point bearing
North 66 degrees 26 minutes 42 seconds East from the center of said curve and being the
Point of Beginning of the Parcel hereinafter to be described; thence continue Southeasterly
along the arc of said curve through a central angle of 23 degrees 34 minutes 03 seconds for
a distance of 41.13 feet to the point of tangency; thence run South 0 degrees 00 minutes 45
seconds West for a distance of 240.70 feet to a point; thence run South 89 degrees 59
minutes 25 seconds East along a line parallel to and 70 feet North, measured at right
angles, from the South line of North 1/2 of the SE 1/4 of the SW 1/4 of said Section 3 for a
distance of 868.08 feet to a point; thence run North 0 degrees 31 minutes 59 seconds West
along a line parallel to and 40 feet West, measured at right angles, from the East line of the
North 1/2 of the SE 1/4 of the SW 1/4 of said Section 3 for a distance of 385.36 feet to a
point; thence run North 89 degrees 58 minutes 05 seconds West along a line parallel to and
125 feet North, measured at a right angle, from the North line of the South 1/2 of the North
1/2 of the SE 1/4 of the SW 1/4 of said Section 3 for a distance of 576.95 feet to a point;
thence run South 0 degrees 39 minutes 25 seconds East along a line parallel to and 50 feet
East, measured at a right angle, from the West line of the NE 1/4 of the SE 1/4 of the SW/
1/4 of said Section 3 for a distance of 105 fi;et to a point; thence run North 89 degrees 58
minutes 15 seconds West for a distance of 297.03 feet to the Point of Beginning.
EXHIBIT #1