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2004-051 RESOLUTION NO. 2004-51 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING APPROVAL OF A VARIANCE FROM SECTION 31-144(e)(4)d.1. OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A NORTH STREET SIDEYARD SETBACK OF 14.75 FEET, WHERE A MINIMUM 15 FOOT SETBACK IS REQUIRED BY CODE; A VARIANCE FROM SECTION 31- 171(a)(6)a. OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A MINIMUM 7.5 FOOT WIDE AND A MINIMUM 16 FOOT LONG SIZE OF PARKING STALL IN THE EXISTING TWO-STORY PARKING STRUCTURES, WHERE A MINIMUM PARKING STALL SIZE OF 9 FEET WIDE BY 18 FOOT LONG IS REQUIRED BY CODE; A VARIANCE FROM SECTION 31-171 (a)(6)d. OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A MINIMUM 22 FOOT WIDE DRIVE AISLE BETWEEN THE TWO EXISTING OFFICE BUILDINGS, A MINIMUM 20 FOOT WIDE ENTRY/EXIT DRIVE AISLE TO THE EXISTING NORTH PARKING GARAGE FROM NE 209 STREET AND A MINIMUM 23 FOOT WIDE ENTRY/EXIT DRIVE AISLE TO THE EXISTING SOUTH PARKING GARAGE FROM NE 207 STREET WHERE AS MINIMUM 24 FOOT WIDE DRIVE AISLE IS REQUIRED BY CODE; AND A VARIANCE FROM SECTION 31-144(e)(4)c.1. OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A PARKING STRUCTURE THAT IS NOT INCORPORATED INTO THE BUILDING ENVELOPE FOR THE TWO EXISTING TWO-STORY PARKING STRUCTURES, WHERE THE CODE REQUIRES THAT ANY STRUCTURED PARKING SERVING THE PRIMARY USE ON THE SITE SHALL BE INCORPORATED INTO THE BUILDING ENVELOPE; FOR PROPERTY LOCATED AT 20801 AND 20803 BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned OP, Office Park District; and WHEREAS, the applicant, ACC/GP Investment LLC, through Application No. 03- VAR-04, is requesting a variance from Section 31-144(e)(4)d.1. of the City's Land Development Regulations to allow a north street sideyard setback of 14.75 feet, where a minimum 15 foot street sideyard setback is required by Code; a variance from Section 31-171 (a)(6)a. of the City's Land Development Regulations to allow a minimum 7.5 foot wide and a minimum 16 foot long size of parking space in the existing two-story parking Resolution No. 2004-51 Page 2 structures, where a minimum size of 9 foot wide by 18 foot long parking space is required by Code; a variance from Section 31-171 (a)(6)a. to allow a minimum 22' wide drive aisle between the two existing office buildings, a minimum 20' wide entry/exit drive aisle to the existing north parking garage from NE 209 Street and a minimum 23' wide entry/exit drive aisle to the existing south parking garage from NE 207 Street, where a minimum 24' wide drive aisle is required by Code; and a variance from Section 31- 144(e)(4)c.1. of the City's Land Development Regulations to allow a parking structure that is not incorporated into the building envelope for the two existing two-story parking structures, where the Code requires that any structured parking serving the primary use on the site shall be incorporated into the building envelope. 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. Application for a variance from Section 31-144(e)(4)d.1. of the City's Land Development Regulations to allow a north street sideyard setback of 14.75 feet, where a minimum 15 foot street sideyard setback is required by Code; a variance from Section 31-171 (a)(6)a. of the City's Land Development Regulations to allow a minimum 7.5 foot wide and a minimum 16 foot long size of parking space in the existing two-story parking structures, where a minimum size of 9 foot wide by 18 foot long parking space is required by Code; variance from Section 31-171 (a)(6)d. of the City's Land Development Regulations to allow a minimum 22' wide drive aisle between the two existing office buildings, a minimum 20' wide entry/exit drive aisle to the existing north parking garage from NE 209 Street and a minimum 23' wide entry/exit drive aisle to the Resolution No. 2004-51 Page 3 existing south parking garage from NE 207 Street, where a minimum 24' wide drive aisle is required by Code; and a variance from Section 31-144(e)(4)c.1. of the City's Land Development Regulations to allow a parking structure that is not incorporated into the building envelope for the two existing two-story parking structures, where the Code requires that any structured parking serving the primary use on the site shall be incorporated into the building envelope, on property legally described on Exhibit "A" to this resolution is hereby granted, subject to the following conditions: 1) Plans shall substantially comply with those submitted, as follows: . Aventura Corporate Center, Boundary Survey, Sheet 1 of 2, prepared by Ford Armenteros & Manucy, Inc., dated 11/28/95, last revised 07/07/04, signed and sealed. . Aventura Corporate Center, Boundary Survey, Sheet 2 of 2, prepared by Ford Armenteros & Manucy, Inc., dated 11/28/95, last revised 07/07/04, signed and sealed. . Aventura Corporate Center, Site Plan, Sheet 1 of 4, prepared by Fortin Leavy Skiles Inc., dated 02/17/03, last revised 07/06/04, signed and sealed. . Aventura Corporate Center, Site Plan, Sheet 2 of 4, prepared by Fortin Leavy Skiles Inc., dated 02/17/03, last revised 07/06/04, signed and sealed. . Aventura Corporate Center, Site Plan, Sheet 3 of 4, prepared by Fortin Leavy Skiles Inc., dated 02/17/03, last revised 07/06/04, signed and sealed. . Aventura Corporate Center, Site Plan, Sheet 4 of 4, prepared by Fortin Leavy Skiles Inc., dated 02/17/03, last revised 07/06/04, signed and sealed. . Aventura Corporate Center, Parking Study for Existing Garages, Sheet 1 of 3, dated 08/17/04, revised 08/24/04, signed and sealed. . Aventura Corporate Center, Parking Study for Existing Garages, Sheet 2 of 3, dated 08/17/04, revised 08/24/04, signed and sealed. . Aventura Corporate Center, Parking Study for Existing Garages, Sheet 3 of 3, dated 08/17/04, revised 08/24/04, signed and sealed. . New Office Building for Aventura Corporate Center, Floor Plans, Sheet A-1, prepared by Oliver Glidden Spina & Partners, dated 02/18/04, revised 04/09/04, signed and sealed. . New Office Building for Aventura Corporate Center, Exterior Elevations, Sheet A- 2, prepared by Oliver Glidden Spina & Partners, dated 02/18/04, revised 04/09/04, signed and sealed. . New Office Building for Aventura Corporate Center, Exterior Elevations, Sheet A- 3, prepared by Oliver Glidden Spina & Partners, dated 02/18/04, revised 04/09/04, signed and sealed. . Aventura Corporate Center, Landscape Planting Plan, Sheet L 1, prepared by EGS2 Corp., dated 02/18/04, last revised 08/16/04, signed and sealed. . Aventura Corporate Center, Landscape Planting Plan, Sheet L2, prepared by EGS2 Corp., dated 02/18/04, last revised 08/16/04, signed and sealed. Resolution No. 2004-51 Page 4 . Aventura Corporate Center, Plant List, Details, Specifications, Sheet L3, prepared by EGS2 Corp., dated 02/18/04, last revised 08116/04, signed and sealed. . Aventura Corporate Center, Existing Tree Information and Tree Removal Chart, Sheet L4, prepared by EGS2 Corp., dated 02/18/04, last revised 08/16/04, signed and sealed. 2) Permits shall be obtained within twelve (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) That the parking stalls and drive aisles within the two existing two-story parking structures be reconfigured and restriped in accordance with the plan entitled "Aventura Corporate Center - Parking Study for Existing Garages", Sheet 3 of 3, prepared by Fortin Leavy Skiles Inc. dated 08/17/04, revised 08/24/04,signed and sealed. Section 2. 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 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Vice Mayor Diamond, who moved its adoption. The motion was seconded by Commissioner Auerbach, and upon being put to a vote, the vote was as follows: Commissioner lev Auerbach Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Harry Holzberg Commissioner Manny Grossman Vice Mayor Bob Diamond Mayor Jeffrey M. Perlow yes yes yes yes yes yes yes Resolution No. 2004-51 Page 5 PASSED AND ADOPTED this ¡th day of September, 2004. ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROpD~UFFICIENCY: CITY ATTORNEY e Office of the City Clerk this L day of September,