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2013-14 RESOLUTION NO. 2013-14 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING APPROVAL OF VARIANCE FROM SECTION 31-145 (b)(5) h. OF THE CITY CODE TO ALLOW COMMON OPEN SPACE OF 29.35%, WHERE A MINIMUM 35% COMMON OPEN SPACE IS REQUIRED BY CODE FOR TH TC1 (TOWN CENTER) DISTRICT; VARIANCE FROM SECTION 31-171(a)(6)a. OF THE CITY CODE TO ALLOW AN EXISTING 8.4 FOOT AND AN EXISTING 8.5 OOT WIDE PARKING STALL, WHERE A MINIMUM PARKING STALL WIDTH OF 9 FEET IS REQUIRED BY CODE; VARIANCE FROM SECTION 31-171(a)(7) OF THE CITY CODE TO ALLOW AN EXISTING 4 FOOT AND 5 FOOT SETBACK TO PARKING PAVEMENT, WHERE A MINIMUM 10 FOOT SETBACK IS REQUIRED BY CODE; VARIANCE OF SECTION 31-221(i)(3) a.1. OF THE CITY CODE TO ALLOW AN EXISTING 5 FOOT WIDE AND AN EXISTING 6 FOOT WIDE TERMINAL ISLAND, WHERE A MINIMUM TERMINAL ISLAND WIDTH OF 7 FEET IS REQUIRED BY CODE; VARIANCE FROM SECTION 31-221(i)(3)a.2. OF THE CITY CODE TO ALLOW PARKING ROWS WITH MORE THAN NINE CONTIGUOUS PARKING SPACES WITHOUT A LANDSCAPED ISLAND, WHERE A MINIMUM OF ONE 7 FOOT WIDE LANDSCAPED ISLAND FOR EVERY NINE PARKING SPACES IS REQUIRED BY CODE; AND VARIANCE FROM SECTION 31-221(i)(3)a.2 OF THE CITY CODE TO ALLOW AN EXISTING 0 FOOT WIDE, AN EXISTING 3.9 FOOT WIDE AND AN EXISTING 4.8 FOOT WIDE DIVIDER MEDIAN, WHERE A MINIMUM 7 FOOT WIDE DIVIDER MEDIAN IS REQUIRED BY CODE, FOR THE TOWN CENTER AVENTURA PLAZA AT 2711 NE 187 STREET, CITY OF AVENTURA; PROVII ING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned TC1, Town Center District; and WHEREAS, the applicant, Aventura Fashion Island, LP, through Application No. 03-VAR-13, is requesting variance from Section 31-145 (b)(5) h. to allow common open space of 29.35%, where a minimum 35% common open space is required by Code for the TC1 (Town Center) District; and variance from Section 31-171(a)(6)a. to allow an existing 8.4 foot and an existing 8.5 foot wide parking stall, where a minimum par ing stall width of 9 feet is required by Code; and variance from Section 31-171(a)(7 to allow an existing 4 foot and 5 foot setback to parking pavement, where a minimu 10 foot setback is required by Code; and variance of Section 31-221(i)(3) a.1. to allow an existing 5 foot wide and an existing 6 foot wide terminal island, where a minimum terminal island width of 7 feet is required by Code; and variance from Section 31- 221(i)(3)a.2. to allow parking rows with more than nine contiguous parking spaces without a landscaped island, where a minimum of one 7 foot wide landscaped island for every nine parking spaces is required by Code; and variance from Section 31- 221(i)(3)a.2 to allow an existing 0 foot wide, an existing 3.9 foot wide and an existing 4.8 foot wide divider median, where a minimum 7 foot wide divider median is required by Code; and Resolution No. 2013-14 Page 2 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 crit ria of the applicable codes and ordinances, to the extent the Application is granted herei . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF HE CITY OF AVENTURA, FLORIDA, THAT: { Section 1. Application for variance from Section 31-145 (b)(5) h. to allow common open space of 29.35%, where a minimum 35% common open space is required by Code for the TC1 (Town Center) District; and variance from Section 31- 171(a)(6)a. to allow an existing 8.4 foot and an existing 8.5 foot wide parking stall, where a minimum parking stall width of 9 feet is required by Code; and variance from Section 31-171(a)(7) to allow an existing 4 foot and 5 foot setback to parking pavement, where a minimum 10 foot setback is required by Code; and variance of Section 31- 221(i)(3) a.l. to allow an existing 5 foot wide and an existing 6 foot wide terminal island, where a minimum terminal island width of 7 feet is required by Code; and variance from Section 31-221(i)(3)a.2. to allow parking rows with more than nine contiguous pa king spaces without a landscaped island, where a minimum of one 7 foot wide landsc ped island for every nine parking spaces is required by Code; and variance from Sectio 31- 221(i)(3)a.2 to allow an existing 0 foot wide, an existing 3.9 foot wide and an exi ting 4.8 foot wide divider median, where a minimum 7 foot wide divider median is req fired by Code, on property legally described in Exhibit "A" to this resolution is hereby gra ted, subject to the following conditions: 1. Plans shall substantially comply with those submitted as follows: • "Town Center Aventura" Cover Sheet, Sheet C-1, prepared by Bohler Engineering, dated12/17/12, last revised 02/01/13, signed and sealed. • "Loehmann's Fashion Island", ALTA Survey, Sheet 1 of 2, prepared by Ford, Armenteros & Manucy, Inc., dated 6/29/10, last updated 1/30/13, signed and sealed. • "Loehmann's Fashion Island", ALTA Survey, Sheet 2 of 2, prepared by Ford, Armenteros & Manucy, Inc., dated 6/29/10, last updated 1/30/13, signed and sealed. • "Town Center Aventura" Overall Site Plan, Sheet C-2.1, prepared by Bohler Engineering, datedl2/17/12, last revised 02/01/13, signed and sealed. • "Town Center Aventura" Overall Pavement Marking & Signage Plan, Sheet C- .2, prepared by Bohler Engineering, dated12/17/12, last revised 02/01/13, signed and sealed. • "Town Center Aventura" Overall Paving, Grading & Drainage Plan, Sheet C-2.3, prepared by Bohler Engineering, datedl2/17/12, last revised 02/01/13, signed and sealed. Resolution No. 2013-14 Page 3 • "Town Center Aventura" Civil Key Sheet, Sheet C-3, prepared by Bohler Engineering, dated12/17/12, last revised 02/01/13, signed and sealed. • "Town Center Aventura" Demolition & Erosion Control Plan "A", Sheet (p-4.1, prepared by Bohler Engineering, datedl2/17/12, last revised 02/01/13, signed and sealed. • "Town Center Aventura" Site Plan "A", Sheet C-4.2, prepared by Bohler Engineering, dated12/17/12, last revised 02/01/13, signed and sealed. • "Town Center Aventura" Engineering Plan "A", Sheet C-4.3, prepared by Bohler Engineering, datedl2/17/12, last revised 02/01/13, signed and sealed. • "Town Center Aventura" Demolition & Erosion Control Plan "B", Sheet -5.1, prepared by Bohler Engineering, datedl2/17/12, last revised 02/01/13, signed and sealed. • "Town Center Aventura" Site Plan "B", Sheet C-5.2, prepared by Bohler Engineering, datedl2/17/12, last revised 02/01/13, signed and sealed. • "Town Center Aventura" Engineering Plan "B", Sheet C-5.3, prepared by Bohler Engineering, dated12/17/12, last revised 02/01/13, signed and sealed. • "Town Center Aventura" Demolition & Erosion Control Plan "C", Sheet CI-6.1, prepared by Bohler Engineering, dated12/17/12, last revised 02/01/13, signed and sealed. • "Town Center Aventura" Site Plan "C", Sheet C-6.2, prepared by B hler Engineering, datedl2/17/12, last revised 02/01/13, signed and sealed. • "Town Center Aventura" Engineering Plan "C", Sheet C-6.3, prepared by B hler Engineering, datedl2/17/12, last revised 02/01/13, signed and sealed. • "Town Center Aventura" Demolition & Erosion Plan "D", Sheet C-.1, prepared by Bohler Engineering, dated12/17/12, last revised 02/01/13, signed and sealed. • "Town Center Aventura" Site Plan "D", Sheet C-7.2, Sheet C-7.2, prepared by Bohler Engineering, dated12/17/12, last revised 02/01/13, signed and sealed. • "Town Center Aventura" Engineering Plan "D", Sheet C-7.3, prepared by Bohler Engineering, dated12/17/12, last revised 02/01/13, signed and sealed. • "Town Center Aventura" Demolition & Erosion Control Plan "E", Sheet prepared by Bohler Engineering, dated12/17/12, last revised 02/01/13, signed find sealed. • "Town Center Aventura" Site Plan "E", Sheet C-8.2, prepared by Bohler Engineering, datedl2/17/12, last revised 02/01/13, signed and sealed. • "Town Center Aventura", Engineering Plan "E", Sheet C-8.3. Site Plan "E", Sheet 8.2, prepared by Bohler Engineering, dated12/17/12, last revised 02/01/13, signed and sealed. • "Town Center Aventura", Site Details, Sheet C-9, prepared by Bohler Engineering, dated12/17/12, last revised 02/01/13, signed and sealed.. • "Town Center Aventura", Planting Plan - Entrance Drive, Sheet LP-1, prepared by Resolution No. 2013-14 Page 4 Design Studio Boca, dated 12/17/12, last revised 02/01/13, signed and sealed. • "Town Center Aventura", Planting Plan - West Entrance Drive, Sheet LP-2, prepared by Design Studio Boca, dated 12/17/12, last revised 02/01/13, signed and sealed. • "Town Center Aventura", Planting Plan - South Entrance Drive, Sheet LP-3, prepared by Design Studio Boca, dated 12/17/12, last revised 02/01/13, signe and sealed. • "Town Center Aventura", Planting Plan - East Entrance Drive, Sheet LP-4, pre ared by Design Studio Boca, dated 12/17/12, last revised 02/01/13, signed and sealed. • "Town Center Aventura", Planting Plan - North Entrance Drive, Sheet P-5, prepared by Design Studio Boca, dated 12/17/12, last revised 02/01/13, signed and sealed. • "Town Center Aventura", Planting Plan - Pavilion Plaza, Sheet LP-6, prepared by Design Studio Boca, dated 12/17/12, last revised 02/01/13, signed and sealed. • "Town Center Aventura", Planting Plan - Overall Site, Sheet LP-7, prepared by Design Studio Boca, dated 12/17/12, last revised 02/01/13, signed and sealed. • "Town Center Aventura", Tree Disposition Plan - Overall Site, Sheet LP-8, prep red by Design Studio Boca, dated 12/17/12, last revised 02/01/13, signed and seale . • "Town Center Aventura", Planting Specifications & Details, Sheet LP-9, prepare by Design Studio Boca, dated 12/17/12, last revised 02/01/13, signed and sealed. • "Town Center Aventura", Floor Plan, Sheet A-1, prepared by Kent D. Hamiton, Architect, dated 12/13/12, signed and sealed 1/30/13. • "Town Center Aventura", Elevations, Sheet A-2, prepared by Kent D. Hamilton, Architect, dated 12/13/12, signed and sealed 1/30/13. • "Town Center Aventura", Elevations, Sheet A-3, prepared by Kent D. Hamilon, Architect, dated 12/13/12, signed and sealed 1/30/13. • "Town Center Aventura", Gazebo Plan & Elevation, Sheet A-4, prepared by Kent D. Hamilton, Architect, dated 12/13/12, signed and sealed 1/30/13. • "Town Center Aventura", Trash Enclosure Detail, Sheet DP-1, prepared by Kent D. Hamilton, Architect, dated 12/13/12, signed and sealed 1/30/13. • "Town Center Aventura", Site Lighting Plan, Sheet ESP-1, prepared by Kent D. Hamilton, Architect, dated 12/13/12, signed and sealed 1/30/13. 2. Building permits for the proposed development shall be obtained within twelve ( 2) months of the date of the Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission. 3. Prior to issuance of a building permit, the applicant shall record this resolution in the Public Records of Miami-Dade County. All expenses of such recordation shall be borne by the applicant. Resolution No. 2013-14 Page 5 4. Prior to issuance of a Certificate of Occupancy or Certificate of Completion for the lifestyle center improvements, the applicant shall either: a. Provide to the City a recorded copy of a modification to the Reciprocal Eas ment Agreement between the applicant and the Venture condominium approvin the reconfiguration of the turning circle and access road as shown on the improvement plans submitted with this Application 03-VAR-13; or b. In the event that the applicant fails to obtain such modification of the Reciprocal Easement Agreement, the applicant shall apply for revisions to the approved site plan and variances in accordance with Section 31-76(h) and Section 31-79(j) of the Code, to amend the approved plans to provide for strict compliance with the access road configuration provided for in the effective Reciprocal Easement Agreement, and the applicant shall relocate the access road configuration in accordance with such final approvals. 5. No future increase of floor area in the Lifestyle Center as shown on the Overall Site Plan, Sheet C-2.1, shall be permitted until all parking areas have been brought into strict compliance with the City Code. 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 ouch 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 Commissioner Joel, who moved its adoption. The motion was seconded by Commissioner Stern, and upon being put to a vote, the vote was as follows: Commissioner Enbar Cohen yes Commissioner Teri Holzberg yes Commissioner Billy Joel yes Commissioner Michael Stern yes Commissioner Howard Weinberg yes Vice Mayor Luz Urbaez Weinberg yes Mayor Susan Gottlieb yes Resolution No. 2013-14 Page 6 PASSED AND ADOPTED this 5th day of March, 2013. If Ave ATT E T: usan Gottlieb, Mayor C. . .� ,i T- '7 SA M. O' MMC • CLERK APPROVR TO LEGA SUFFICFENCY: khi\ CITY ATTORNEY This 'esol 'on w-s fil-d; the Office of the City Clerk this 6th day of March, 2013. AO. 'at ii CLERK / Resolution No. 2013-14 Page 7 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY A portion of Tracts A & B, Regina Square Subdivision, according to the Plat there f, as recorded in Plat Book 113, at Page 27, of the Public Records of Miami- Dade County, Florida, being more particularly described as follows: Commence at the Northwest corner of said Tract A; thence South 84°49'44" East, along the north line of said Tract A; for 223.65 feet to the Point of Beginning of the herei after described parcel of land; thence continue South 89°49'44" East along the north li e of said Tract A for 53 feet; thence South 00°45'38" East for 198.74 feet; thence outh 89°56'45" East for 283.39 feet; thence South 00°03'15" West for 149.50 feet to a oint on the south line of said Tract A; thence South 89°56'45" East along the south li e of said Tract A also being the north line of said Tract B for 361.66 feet to the port east corner of said Tract B; thence South 00°38'10" East along the east line of said Tr ct B for 496.76 feet; thence North 89°56'45" West along the northerly boundary of The Venture at Aventura, a Condominium for 616.05 feet; thence South 00°03'15" est along the west line of said The Venture At Aventura, a Condominium for 443.27 eet; thence North 89°56'45" West along the south line of said Tract B for 632.79 feet o a point of curvature; the following three (3) courses being along the Easterly right of way of Biscayne Boulevard, U.S. Highway No. 1 per O.R.B. 17360, Page 3655 of said Public Records of Miami-Dade County, Florida. (1) thence Northwesterly and Northeasterly along a 26.25 foot radius curve leading to the right through a central angle 98°46'49" for an arc of 45.26 feet to a point of reverse curvature; (2) thence Northeasterly along a 4709.83 foot radius curve leading to the left through a ce tral angle of 3°17'00" for an arc of 269.90 feet to a point of compound curvature; (3) the ce Northeasterly along a 5828.53 foot radius curve leading to the left through a ce tral angle of 2°42'02" for an arc of 274.72 feet; the following three courses being along the Southerly, Easterly and Northerly boundary line of Jaffe Building, Inc. property as described in O.R.B. 19137 at Page 2349 of the Public Records of Miami-Dade Cou ty, Florida. (1) thence South 89°56'45" East for 178.24 feet; (2) thence North 00°03'15" East for 228.32 feet; (3) thence North 89°52'41" West for 171.56 feet to a point o a circular curve concave to the West and whose radius bears North 89°23'49" West; he following two courses being along said Easterly right of way line of Biscayne Blvd., .S. Highway No. 1. (1) thence Northeasterly along a 5828.53 foot radius curve leadin to the left through a central angle of 00°08'14" for an arc of 13.96 feet to a point of tangency; (2) thence North 00°27'57" East for 47.78 feet; the following three courses being along the Northerly and Westerly boundary of said Tract B; (1) thence South 89°52'41" East for 439.96 feet; (2) thence North 00°45'38" West for 78.26 feet; 1(3) thence South 89°56'45" East for 73.50 feet; thence North 00°45'38" West for 348.36 feet to the Point of Beginning. LESS AND EXCEPT therefrom those lands conveyed to Miami-Dade County by Warranty Deed recorded in Official Records Book 24625, Page 468 and Official Resolution No. 2013-14 Page 8 Records Book 25690, Page 3708, Public Records of Miami-Dade County, Florida and being described as follows: A portion of Tract B, Regina Square Subdivision, according to the Plat thereof as recorded in Plat Book 113, Page 27 of the Public Records of Miami-Dade County, Florida, lying in the SW 1/4 of Section 3, Township 52 South, Range 42 East, City of Aventura, Miami-Dade County, Florida and being more particularly described as follows: Commence at the Northeast corner of Tract C of said Regina Square Subdivision according to the Plat thereof as recorded in that Plat Book 113, Page 27 said corner being a point on the West right of way line of N.E. 29th Avenue; thence N 00°38'10" W along said West right of way line and East line of said Tract B for 98.01 feet to the Point of Beginning of hereinafter described parcel of land; thence continue N 00°38'10" W along said West right of way line and said East Tract line for 12.00 feet, the following seven courses being perpendicular to or parallel with the preceded course: (1) thence S89°21'50"W for 10.00 feet; (2) thence N00°38'10"W for 22.67 feet; (3) thence S89°21'50"W for 50.00 feet; (4) thence S00°38'10"E for 55.00 feet; (5) thence N89°21'50"E for 50.00 feet; (6) thence N00°38'10"W for 20.33 feet; (7) thence N89°21'50"E for 10.00 feet to the point of beginning.