2010-14
RESOLUTION NO. 2010-14
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL
TO ALLOW LOT COVERAGE OF 73.9% FOR AN OFFICE
DEVELOPMENT LOCATED IN BOTH THE COMMUNITY BUSINESS
(B2) DISTRICT AND THE MEDICAL OFFICE (MO) DISTRICT WHERE
MAXIMUM LOT COVERAGE OF 40% IS PERMITTED BY CODE AND
TO ALLOW FLOOR AREA RATIO OF 1.82 WHERE MAXIMUM FLOOR
AREA RATIO OF 1.28 IS PERMITTED BY CODE; FOR PROPERTY
LOCATED AT 21420 BISCAYNE BOULEVARD, CITY OF AVENTURA
PROPOSED TO BE CONSTRUCTED UNDER THE CITY'S GREEN
BUILDING PROGRAM; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property described herein in Exhibit "A" is zoned Community
Business (B2) District and Medical Office (MO) District; and
WHEREAS, the applicant, Optima International LLC, through Application No. 02-
CU-09 is requesting conditional use approval pursuant to Section 31-144(c)(2) I. and m.
and Section 31-144(f)(2) j. and k. of the City Code to allow increased lot coverage and
increased floor area for a development to be constructed under the City's Green
Building Program; 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 A VENTURA, FLORIDA, THAT:
Section 1. Application for Conditional Use to allow increased lot coverage of
73.9% where a maximum 40% lot coverage is permitted by Code and to allow
Resolution No. 2010-14
Page 2
increased floor area ratio of 1.82 where a maximum of 1.28 floor area ratio is permitted
by Code, is hereby granted, subject to the conditions set out in this Resolution, on
property legally described in Exhibit "A" to this Resolution and known as municipal
address 21420 Biscayne Boulevard, City of Aventura.
Section 2. Approval of the application above is subject to the following
conditions:
1. Plans shall substantially comply with those submitted as follows:
. "Aventura Optima", Cover Sheet and Index of Drawings, prepared by Behar Font
& Partners, dated January 12, 2010;
. "Aventura Optima", Rendering, prepared by Behar Font & Partners, signed and
sealed 1/12/10;
. "Aventura Optima", Water & Sewer Plan, Sheet 1 of 5, prepared by Cherokee
Consulting Inc., dated 12/21/09, signed and sealed1/12/10;
. "Aventura Optima", Water & Sewer Plan, Sheet WS-2, prepared by Cherokee
Consulting Inc., dated 12/21/09, signed and sealed;
. "Aventura Optima", Water & Sewer Plan, Sheet WS-3, prepared by Cherokee
Consulting Inc., dated 12/21/09, signed and sealed;
. "Aventura Optima", Water & Sewer Plan, Sheet WS-3, prepared by Cherokee
Consulting Inc., dated 12/21/09, signed and sealed;
. "Aventura Optima", Paving & Drainage Plan, Sheet 1 of 6, prepared by Cherokee
Consulting Inc., dated 12/21/09, signed and sealed;
. "Aventura Optima", Paving & Drainage Plan, Sheet PD-2, prepared by Cherokee
Consulting Inc., dated 12/21/09, signed and sealed;
. "Aventura Optima", Paving & Drainage Plan, Sheet PD-3,prepared by Cherokee
Consulting Inc., dated 12/21/09, signed and sealed;
. "Aventura Optima", Paving & Drainage Plan, Sheet PD-4,prepared by Cherokee
Consulting Inc., dated 12/21/09, signed and sealed;
. "Aventura Optima", Paving & Drainage Plan, Sheet PD-5, prepared by Cherokee
Consulting Inc., dated 12/21/09, signed and sealed
. "Aventura Optima", Paving & Drainage Plan, Sheet PD-6, prepared by Cherokee
Consulting Inc., dated 12/21/09, signed and sealed
. "Aventura Optima", Context Plan, prepared by Behar Font & Partners, signed and
sealed 1/12/10;
. "Aventura Optima", Area Diagrams, prepared by Behar Font & Partners, signed
and sealed 1/12/10;
. "Aventura Optima", Site Plan, Sheet A-0.1, prepared by Behar Font & Partners,
signed and sealed 1/12/10;
Resolution No. 2010-14
Page 3
· "Aventura Optima", Ground Level Floor Plan, Sheet A-1.1, prepared by Behar
Font & Partners, signed and sealed 1/12/10;
· "Aventura Optima", Second Level Parking Floor Plan, Sheet A-1.2, prepared by
Behar Font & Partners, signed and sealed 1/12/10;
· "Aventura Optima", Third Level Parking/Second Level Office Floor Plan, Sheet A-
1.3, prepared by Behar Font & Partners, signed and sealed 1/12/10;
· "Aventura Optima", Fourth Level Parking Floor Plan, Sheet A-1.4, prepared by
Behar Font & Partners, signed and sealed 1/12/10;
· "Aventura Optima", Sixth Level Parking/Fourth Level Office Floor Plan, Sheet A-
1.6, prepared by Behar Font & Partners, signed and sealed 1/12/10;
· "Aventura Optima", Seventh Level Parking/Fifth Level Office Floor Plan, Sheet A-
1.7, prepared by Behar Font & Partners, signed and sealed 1/12/10;
· "Aventura Optima", Eighth Level Parking Floor Plan, Sheet A-1.8, prepared by
Behar Font & Partners, signed and sealed 1/12/10;
· "Aventura Optima", Ninth Level Spa Deck/Sixth Level Office Floor Plan, Sheet A-
1.9, prepared by Behar Font & Partners, signed and sealed 1/12/10;
· "Aventura Optima", Typical Office Floor Plan, Sheet A-1.10, prepared by Behar
Font & Partners, signed and sealed 1/12/10;
· "Aventura Optima", Office Building Roof Deck Plan, Sheet A-1.11, prepared by
Behar Font & Partners, signed and sealed 1/12/10;
· "Aventura Optima", Elevations, Sheet A-2.0, prepared by Behar Font & Partners,
signed and sealed 1/12/10;
· "Aventura Optima", Elevations, Sheet A-2.1, prepared by Behar Font & Partners,
signed and sealed 1/12/10;
· "Aventura Optima", Schematic Section, Sheet A-3.0, prepared by Behar Font &
Partners, signed and sealed 1/12/10;
· "Aventura Optima", Hardscape Plan, LH-1, prepared by Savino Miller Design
Studio, signed and sealed 1/4/10;
· "Aventura Optima", Hardscape Plan, LH-2, prepared by Savino Miller Design
Studio, signed and sealed 1/4/10;
· "Aventura Optima", Planting Plan, LP-1, prepared by Savino Miller Design Studio,
signed and sealed 1/4/10;
· "Aventura Optima", Planting Plan, LP-2, prepared by Savino Miller Design Studio,
signed and sealed 1/4/10;
· Sketch of Survey, 21420 Biscayne Boulevard, Sheet 1 of 1, prepared by Cousins
Surveyors & Associates Inc., dated 12/17/09, last updated 1/11/10, signed and
sealed.
2. Prior to issuance of a building permit by the City for the proposed development, the
applicant shall:
(i) enter into and record in the Public Records of Miami-Dade County, at its
expense, the Agreement and Covenant in fulfillment of all requirements of
the City's Green Building Ordinance No. 2009-18; and
Resolution No. 2010-14
Page 4
(ii) provide to the City a performance bond or other security approved by the
City Manager and City Attorney in the amount of 5% of building construction
costs as approved by the City's Building Official to guarantee attainment of
LEED@ Gold or Platinum certification by the US Green Building Council;
and
(iii) record in the Public Records of Miami-Dade County, at its expense, a Unity
of Title in form satisfactory to the City Manager and the City Attorney for the
five parcels subject of this application.
3. Building permits shall be obtained within 12 months of the date of this Resolution,
failing which this approval shall be deemed null and void. The City Commission may,
by resolution or motion at a regular meeting, grant one extension of up to six months for
good cause shown by the applicant and upon written request for such extension by the
applicant within the initial 12 month approval period.
4. Any discontinuation of the approved conditional use for a period of 180 consecutive
days shall constitute abandonment and shall rescind the approval of the conditional
use.
Section 3. 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 4. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Vice Mayor Weinberg, who moved its
adoption. The motion was seconded by Commissioner Auerbach, and upon being put
to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Billy Joel
Commissioner Teri Holzberg
Commissioner Michael Stern
Vice Mayor Luz Urbaez Weinberg
Mayor Susan Gottlieb
yes
yes
yes
yes
yes
yes
yes
Resolution No. 2010-~
Page 5
PASSED AND ADOPTED this 2nd day of February, 2010.
..
APPROVED AS TO LEGAL SUFFICIENCY:
CITYJ;;i~ ~
This R olution w filed in the Office of the City Clerk this3 day of February, 2010.
Resolution No. 2010-l..L
Page 6
Exhibit "A"
Legal Description of Property
21420 Bjscayne Boulevard, City of Aventura
PARCEL I
A PORTION OF LOT 1 IN BLOCK 3 AND THE RIGHT -OF -WAY ADJACENT THERETO. IN SECTION 3.~,
TOWNSHIP 51 SOUTH, RANGE 42 EAST. "MAP OF THE TOWN OF HALLANDALE, MIAMI/DADE
COUNTY, FLORIDA"', ACCORDING TO THE PLAT THEREOF AS RECORDEOIN PLAT BOOK .'B"', PAGE
13, PUBLIC RECORDS OF MIAMI/DADE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS:
BEGIN AT THE INTERSECTION OF THE WESTERLY RIGHT-OF-WAY LINE OF FEDERAL HIGHWAY (u.S.
NO.1) WITH THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 34 AS SHOWN ON THE
"'RIGHT -OF -WAY PLANS FOR ROAD NO.4" ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 34, AT PAGE 54, OF THE PUBLIC RECORDS OF MIAMI/DADE COUNTY, FlORIDA AND
RUN WEST ALONG THE AFORESAID NORTH LINE OF THE NORTHWEST 1/4 FOR 320.8.; THENCE
SOUTH 1'19'20" EAST ALONG A UNE PARALLEL WITH AND 222' EAST OF THE WEST LINE OF THE
AFORESAID LOT 1. BLOCK 3, FOR 100.03'; THENCE EAST ALONG A LINE PARALLEL WITH AND
100' SOUTH OF THE SAID NORTH LINE OF THE NORTHWEST 1/4 FOR 294.61' TO A POINT ON
THE WESTERLY RIGHT-OF-WAY LINE OF FEDERAL HIGHWAY; SAID POINT BEARS SOUTH 75.47'33"
EAST FROM THE RADIUS POINT OF THE NEXT DESCRIBED CURVE; THENCE NORTHEASTERLY ALONG
A CIRCULAR CURVE TO THE LEFT BEING COINCIDENT WITH THE AFORESAID WESTERLY
RIGHT-OF-WAY LINE OF U.S. NO. 1 HAVING A RADIUS OF 3784.83' AND A CENTRAL ANGLE OF
01'33'24" FOR AN ARC DISTANCE OF 102.83' TO THE POINT OF BEGINNING, LYING ANO BEING IN
MIAMI/DADE COUNTY, FLORIDA.
PARCEL II
LOTS 9 AND 10, BLOCK 24, "HALLANDALE PARK.'. ACCORDING TO THE MAP OR PLAT THEREOF
AS RECORDED IN PLAT BOOK 12, PAGE(S) 37, PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA.
PARCEL III
A PORTION OF A RESERVED STRIP OF LAND AS SHOWN ON THE PLAT OF "HALlANOALE PARK",
AS RECORDED IN PLAT BOOK 12. AT PAGE 37 OF THE PUBLIC RECORDS Of MIAMI-DADE COUNTY,
FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS fOLLOWS:
BEGIN AT THE NORTHEAST CORNER or LOT 10. BLOCK 24 OF SAID PLAT OF "HALLANDAlE
PARK"; THENCE NORTH 89.54'01" EAST ALONG THE NORTH LINE OF THE NORTHWEST 1/4 OF
SECTION 34, TOWNSHIP 51 SOUTH, RANGE 42 EAST FOR 52.38 FEET; THENCE SOUTH 01.19'15"
EAST ALONG THE EAST LINE OF THE WEST 222 FEET OF THE NORTHEAST 1/4 OF THE
NORTHEAST 1 / 4 OF THE NORTHWEST 1 / 4 OF SAID SECTION 34 FOR 1 00.02 FEET; THENCE
SOUTH 89.54'0'"' WEST ALONG A LINE PARALLEL WITH AND 100 fEET SOUTH OF THE SAID
NORTH LINE Of THE NORTHWEST 1 / 4 FOR 54.50 FEET TO A POINT ON THE EAST LINE OF SAID
lOT '0; THENCE NORTH 00'06'28"' WEST ALONG THE EAST LINE OF SAID LOT 10 FOR 100 FEET
TO THE POINT OF BEGINNING.
TOGETHER WITH:
LOTS 6, 7 AND 8, BLOCK 24. "HALLANDALE PARK", ACCORDING TO THE MAP OR PLAT THEREOF
AS RECORDED IN PLAT BOOK 12, PAGE(S) 37, PUBUC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA.
TOGETHER WITH:
I me:; h 7 R q ANn , n RI nr.K B. "HAil ANnAl F" PARK" Ar.r.OROING TO THF" MAP OR PLAT