2012-44 RESOLUTION NO. 2012-44
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, GRANTING
CONDITIONAL USE APPROVAL TO PERMIT AN ELEVEN
STORY OR 135 FOOT HIGH RESIDENTIAL BUILDING IN
THE MULTIFAMILY MEDIUM DENSITY RESIDENTIAL
(RMF3B) ZONING DISTRICT FOR PROPERTY LOCATED
AT 3250 NE 188 STREET; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the property described herein is zoned RMF3B, Multi-Family
Medium Density Residential District, and
WHEREAS, in accordance with Section 31-143(g)(9)(a) of the Code of
Ordinances ("Code"), the applicant, PMG Avenutura LLC, through Application No. 02-
CU-12, has requested conditional use approval to permit an eleven story or 135 foot
high residential building with 190 units in the Multi-Family Medium Density Residential
(RMF3B) District; 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:
Resolution No. 2012- 44
Page 2
Section 1. Application No. 02-CU-12, for conditional use approval to permit
an eleven story or 135 foot high residential building with 190 units in the Multi-Family
Medium Density Residential (RMF3B) District on property located at 3250 NE 188
Street and legally described as Tracts A and B, Magnum Marine Plat, as recorded in
Plat Book 147 at Page 12 of the Public Records of Miami-Dade County, City of
Aventura, is hereby granted, subject to the conditions in Section 2.
Section 2. The approval granted in Section 1. above shall be subject to the
following conditions:
1. Development shall substantially comply with the plans submitted and listed as
follows:
• "PMG Aventura LLC", Cover Sheet, Sheet A.0, prepared by Cohen Freedman
Encinosa, Architects PA, dated 09/04/12.
• Boundary and Topographic Survey, Tract A, Magnum Marine Plat, Sheet 1 of 1,
prepared by Fortin Leavy Skiles Inc., dated 5/2/12.
• "PMG Aventura LLC", Aerial, prepared by Cohen Freedman Encinosa Architects PA,
dated 8/3/12.
• "PMG Aventura LLC", Lobby Level Plan, Sheet A.1, prepared by Cohen Freedman
Encinosa Architects PA, dated 09/4/12.
• "PMG Aventura LLC", Garage Level Plan, Sheet A.2, prepared by Cohen Freedman
Encinosa Architects PA, dated 09/4/12.
• "PMG Aventura LLC", Typical Level Plan, Sheet A.3, prepared by Cohen Freedman
Encinosa Architects PA, dated 09/4/12.
• "PMG Aventura LLC", Roof Level Plan, Sheet A.4, prepared by Cohen Freedman
Encinosa Architects PA, dated 09/4/12.
• "PMG Aventura LLC", Building Section and Typical Unit Plan, Sheet A.5, prepared
by Cohen Freedman Encinosa Architects PA, dated 09/4/12.
• "PMG Aventura LLC", Elevations, Sheet A.6, prepared by Cohen Freedman
Encinosa Architects PA, dated 09/4/12.
Resolution No. 2012- 44
Page 3
• "PMG Aventura LLC", Elevations, Sheet A.7, prepared by Cohen Freedman
Encinosa Architects PA, dated 09/4/12.
• "PMG Aventura LLC", Color Elevations, Sheet A.8, prepared by Cohen Freedman
Encinosa Architects PA, dated 09/4/12.
• "PMG Aventura LLC", Color Elevations, Sheet A.9, prepared by Cohen Freedman
Encinosa Architects PA, dated 09/4/12.
• "PMG Aventura LLC", Context Study, Sheet A.10, prepared by Cohen Freedman
Encinosa Architects PA, dated 09/4/12.
• "PMG Aventura LLC", Location Plan and Notes, Sheet C.1, prepared by CES, dated
08/03/12.
• "PMG Aventura LLC", Site Layout Plan, Sheet C.2, prepared by CES, dated
08/03/12.
• "PMG Aventura LLC", Site Utility Plan, Sheet C.3, prepared by CES, dated 08/03/12.
• "PMG Aventura LLC", Garage Level Planting Plan, prepared by EGS2 Landscape
Architecture, Sheet L.1, dated 09/14/12.
• "PMG Aventura LLC", Lobby Level Planting Plan, prepared by EGS2 Landscape
Architecture, Sheet L.2, dated 09/14/12.
• "PMG Aventura LLC", Plant List, prepared by EGS2 Landscape Architecture, Sheet
L.3, dated 09/14/12.
• "PMG Aventura LLC", Off-Site Planting Plan, prepared by EGS2 Landscape
Architecture, Sheet L.4, dated 09/14/12.
• "PMG Aventura LLC", Ground Level Tree Disposition Plan, prepared by EGS2
Landscape Architecture, Sheet L.5, dated 09/14/12.
• "PMG Aventura LLC", Garage Level Lighting Plan, prepared by EGS2 Landscape
Architecture, Sheet L.6, dated 09/14/12.
• "PMG Aventura LLC", Lobby Level Lighting Plan, prepared by EGS2 Landscape
Architecture, Sheet L.7, dated 09/14/12.
• "PMG Aventura LLC", Ground Level Lighting Plan, prepared by EGS2 Landscape
Architecture, Sheet L.8, dated 09/14/12.
• "PMG Aventura LLC", Public Promenade Overall Plan, prepared by EGS2
Landscape Architecture, Sheet L.9, dated 09/14/12.
2. In accordance with Section 31-73(e)(2) of the Code, building permits shall be
obtained within twelve (12) months of the date of this conditional use approval,
failing which this approval shall be null and void unless extended by motion or
resolution of the City Commission.
Resolution No. 2012- 44
Page 4
3. In accordance with Section 31-73(e)(3) of the Code, any discontinuation of an
approved conditional use for a period of 180 consecutive days shall constitute
abandonment and shall rescind the approval of the conditional use.
4. Prior to issuance of a building permit for this development, the applicant shall
provide to the City:
(i) Dedication to the City for educational, recreational or cultural municipal purposes,
that parcel of land measuring 1.50 acres in size at the westerly limit of its
property, shown as "Park Parcel" on the Boundary Survey dated 5/2/12 prepared
by Fortin Leavy Skiles Inc., in a form acceptable to the City Manager and City
Attorney and filed at the applicant's expense in the public records of Miami-Dade
County.
(ii) A Declaration of Restrictive Covenants in Lieu of Unity of Title for the remainder
parcel, in form acceptable to the City Manager and the City Attorney and filed at
the applicant's expense in the public records of Miami-Dade County.
(iii) Payment of the sum of $328,506.00 being the proportionate share for this
property of the City's 2005 NE 188 Street road construction costs.
(iv)A copy of the recorded deed from the State to the applicant for the land lying
easterly of its current property limit to the water's edge of Dumfoundling Bay,
upon which the applicant shall construct the linkage of the pedestrian
promenade as shown in the Landscape Plan L-9 listed in Section 2, 1. of this
resolution.
(v) Evidence of Shoreline Review approval from Miami-Dade Shoreline Review
Committee.
(vi)Evidence of approval from the City's Traffic Engineering Consultant that the
proposed security gate to the subgrade parking garage at the westerly site
entrance provides a vehicle processing time of 10 seconds or less.
5. Prior to issuance of a Temporary or a Permanent Certificate of Occupancy, the
applicant shall provide to the City:
Resolution No. 2012- 44
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(i) An easement dedicating the pedestrian promenade to the City, in form satisfactory
to the City Manager and City Attorney and filed at the applicant's expense in the
public records of Miami-Dade County. The easement document shall provide for
perpetual public access to and use of the promenade and shall also provide for
continued maintenance and repair of the promenade by the applicant or its
successors in title.
(ii) A restrictive covenant prohibiting enclosure of the rooftop terrace, in form
satisfactory to the City Manager and City Attorney and filed at the applicant's
expense in the public records of Miami-Dade County.
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. Effective Date. This Resolution shall become effective immediately
upon its adoption.
The foregoing Resolution was offered by Commissioner Auerbach, who moved
its adoption. The motion was seconded by Commissioner Diamond, and upon being
put to a vote, the vote was as follows:
Commissioner Zev Auerbach yes
Commissioner Bob Diamond yes
Commissioner Luz Urbaez Weinberg yes
Commissioner Billy Joel yes
Commissioner Michael Stern yes
Vice Mayor Teri Holzberg yes
Mayor Susan Gottlieb yes
Resolution No. 2012- '14
Page 6
PASSED AND ADOPTED this 2nd day of October, 2012.
SAN GOTT IEB, MAYOR
ATTEST:
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RESA M. .0 A , MMC
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APPROVED AS TO LEGAL SUFFICIEN .
_______ Alt tl'--A
CITY ATTORNEY
This Reso tion w. fill d in the Office of the City Clerk this"- day of October, 2012.
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41 i CLERK