99-052 RESOLUTION NO. 99-52
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA APPROVING A
REQUEST FOR VARIANCE FROM SECTION 505.2.1 OF
THE CITY'S LAND DEVELOPMENT REGULATIONS
WHICH PROHIBITS TEMPORARY SALES OFFICES AND
MODEL HOMES AT THE PROPERTY WITHOUT AN
APPROVED SITE PLAN FOR THE PERMANENT USE
WHICH IT IS INTENDED TO SERVE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the property described herein is zoned RMF4, Multi-Family High
Density Residential District; and
WHEREAS, the Applicant, Aventura Land Holding, Inc., through Application No.
09-VAR-99, has requested a variance from Section 505.2.1 of the City's Land
Development Regulations prohibiting temporary sales offices and model homes at sites
without an approved site plan for the permanent use which it is intended to serve in
order to permit a temporary sales office and model home on the site prior to approval of
a site plan for the permanent use; and
WHEREAS a vested rights determination request is presently pending for the
development and use of the property; and
WHEREAS, following proper notice, the City Commission has held a public
hearing as provided by la~ 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. 99-52
Page 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Application No. 09-VAR-99 for a variance from Section 505.2.1 of
the City's Land Development Regulations prohibiting temporary sales offices and
model homes at sites without an approved site plan for the permanent use which it is
intended to serve, on property legally described as:
A portion of the F-3 site, being a portion of Aventura Fifth Addition, as recorded
in Plat Book 116, Page 39, Official Records of Miami-Dade County, Florida, aka
Hamptons F-3 site
is hereby granted exclusively to Aventura Land Holding, Inc. subject to the following
terms and conditions:
CONDITION
1. The applicant shall execute a Sales Office and Model Home Installation and
Removal Agreement (the "Agreement") in a form approved by the City Attorney. The
Agreement shall include, but not be limited to, provisions requiring: (a) a surety bond
in the amount of $50,000.00 shall be posted by Applicant assuring removal of the sales
office and models (the "Facilities") within the time limit specified by the City Manager;
(b) the Facilities shall not be open and a certificate of use or occupancy shall not be
issued for the Facilities unless and until the final site plan is approved by the City for
the permanent residential development and use of the property; (c) the Applicant shall
take any and all action necessary and provide all necessary plans, data and
information, so as to be ready for final site plan approval by City within 90 days after
Resolution No. 99-52
Page 3
the date of adoption of this resolution. If Applicant has not taken all steps necessary to
enable City to approve the final site plan for the permanent residential development
and use of the property within such 90 day period, the Facilities shall be subject to
removal; (d) the Applicant shall install the Facilities and landscape the area of the
Facilities in such manner as to avoid or reduce visibility from outside of the property;
(e) the Applicant shall acknowledge that approval of this variance shall not be
construed as any evidence of the establishment of vested rights and shall not affect the
pending vested rights determination application.
Section2. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner Holzberg, who moved
its adoption. The motion was seconded by Commissioner Cohen, and upon being put
to a vote, the vote was as follows:
Commissioner Arthur Berger no
Commissioner Jay R. Beskin yes
Commissioner Ken Cohen yes
Commissioner Harry Holzberg yes
Commissioner Jeffrey M. Perlow yes
Vice Mayor Patricia Rogers-Libert yes
Mayor Arthur I. Snyder no
5't day of October, .
ATTEST:
'Teresa M. Soroka, CMC/AAE, City Clerk
Resolution No. 99-52
Page 4
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this ,, day of October, 1999.
CITY CLERK