2012-02ORDINANCE NO. 2012- 02
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
APPROVING AN AMENDMENT TO THE DEVELOPMENT
AGREEMENT PURSUANT TO CHAPTER 163, F.S.,
DATED SEPTEMBER 2, 2003, MADE BETWEEN MERCO
GROUP AT AVENTURA LANDINGS I, II AND III, INC. AS
DEVELOPER AND THE CITY OF AVENTURA, AS
AMENDED OCTOBER 5, 2004 AND NOVEMBER 3, 2010,
TO MODIFY EXHIBIT `B' TO THE AGREEMENT AND TO
EXTEND THE TERM OF THE AGREEMENT; RELATING
TO THE PARCEL OF LAND ZONED RMF4, MULTIFAMILY
HIGH DENSITY RESIDENTIAL DISTRICT, LOCATED ON
NE 185 STREET AT NE 28 COURT, CITY OF AVENTURA;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AGREEMENT ON BEHALF OF THE CITY; PROVIDING
FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the applicant, Lubavitch Center Aventura South, Inc., through
Application No. 01- DA -12, has applied to modify Exhibit "B" to the agreement and to
extend the term of the Development Agreement dated September 2, 2003, made
between Merco Group at Aventura Landings I, II and III, Inc., as owner, and the City of
Aventura, as amended on October 5, 2004 and on November 3, 2010; and
WHEREAS, Exhibit "B" to the Development Agreement proposes 138 loft -style
apartment units with a proposed maximum height of 13 stories or 206'10" on the "Lofts
Parcel "; and
WHEREAS, the applicant has received conditional use approval through
Resolution No. 2011 -47 to construct a religious facility on the "Lofts Parcel "; and
WHEREAS, pursuant to the terms of Paragraph 11. of the Development
Agreement, as amended, the termination date of the Agreement is August 2, 2012; and
Ordinance No. 2012- 02
Page 2
WHEREAS, Paragraph 11 (13) of the Development Agreement provides that the
term of the Agreement may be extended in 2.5 year increments for up to 5 additional
years from the termination date of February 2, 2010, upon mutual agreement of both the
City and the owner /applicant; and
WHEREAS, the owner /applicant has requested a modification to Exhibit "B" to the
Development Agreement to detail the current development proposal of a religious facility
along with the 138 residential units on the "Lofts Parcel' and has further requested an
extension of the termination date of the Development Agreement to February 2, 2015 in
order to allow construction of the religious facility and residential units in two phases; and
WHEREAS, the City Commission has held the required public hearings, duly
noticed in accordance with law; and
WHEREAS, the City Commission has reviewed the application and has
considered the testimony of all interested parties at the public hearings, and has
determined that the amendment to development agreement requested by the applicant
is appropriate.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. That the Modification to Development Agreement attached as
Exhibit "A" to this Ordinance, amending Exhibit "B ", "Lofts Parcel" development proposal
and extending the termination date of the Agreement from August 2, 2012 to February 2,
2015 is hereby approved, for property legally described in Exhibit "A" to this Ordinance.
Ordinance No. 2012- 02
Page 3
Section 2. The City Manager is hereby authorized to execute the agreement on
behalf of the City.
Section 3. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining sections, sentences, clauses, and phrases of this Ordinance but they
shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 4. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Vice Mayor Joel, who moved its
adoption on first reading. This motion was seconded by Commissioner Auerbach and
upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
yes
Commissioner Michael Stern
yes
Commissioner Bob Diamond
yes
Commissioner Teri Holzberg
yes
Commissioner Luz Urbaez Weinberg
yes
Vice Mayor Billy Joel
yes
Mayor Susan Gottlieb
yes
The foregoing Ordinance was offered by Commissioner Holzberg, who moved its
adoption on second reading. This motion was seconded by Commissioner Stern, and
upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
yes
Commissioner Michael Stern
yes
Commissioner Bob Diamond
yes
Commissioner Teri Holzberg
yes
Commissioner Luz Urbaez Weinberg
absent
Vice Mayor Billy Joel
yes
Mayor Susan Gottlieb
yes
Ordinance No. 2012- 0 Z
Page 4
PASSED on first reading this 3`d day of January, 2012.
PASSED AND ADOPTED on second reading this 7th day of February, 2012.
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APPROVED AS TO LEGAL SUFFICIENCY:
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CITY ATTORNEY
This Ordinance was filed in the Office of the City Clerk this 7" day of deti-taw, 2012.
CITY (CLERK
Ordinance No. 2012- 02
Page 5
EXHIBIT "A"
LEGAL DESCRIPTION OF LAND
All of Tract F, Merco at Aventura, according to the plat thereof recorded in Plat Book
166, Page 58 of the Public Records of Miami -Dade County, City of Aventura