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2014-19 RESOLUTION NO. 2014-19 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL TO PERMIT HEIGHTS THAT EXCEED 4 STORIES OR 50 FEET; CONDITIONAL USE APPROVAL TO PERMIT DRIVEWAY SEPARATIONS WITH LESS THAN 150 FEET OF LANDSCAPED FRONTAGE; AND CONDITIONAL USE APPROVAL TO PERMIT ALLOCATION OF INTERIOR SPACES OTHER THAN THOSE PERMITTED IN SECTION 31-145(d)(8) OF THE CITY CODE, FOR THE PARK SQUARE NEIGHBORHOOD MIXED USE DEVELOPMENT ON THE SOUTH SIDE OF NE 207 STREET BETWEEN NE 29 AVENUE AND NE 30 AVENUE WITHIN THE TC3, TOWN CENTER NEIGHBORHOOD DISTRICT IN THE CITY OF AVENTURA; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned TC3, Town Center Neighborhood District and is specifically described in Exhibit "A" to this Resolution; and WHEREAS, the applicant, Aventura Land Ventures LLC, through Application No. 02-CU-14, is requesting Conditional Use approval to permit heights that exceed 4 stories or 50 feet; to permit driveway separations with less than 150 feet of landscaped frontage and to permit allocation of interior spaces other than those permitted in Section 31-145(d)(8) of the City Code; and WHEREAS, the applicant, Aventura Land Ventures LLC, has proffered to fulfill all conditions of City of Aventura Resolution No. 2006-61; and WHEREAS, the City Commission held a quasi-judicial public hearing as provided by law to review the application; 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. Resolution No. 2014-19 Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application for Conditional Use to permit heights greater than 4 stories or 50 feet; to permit driveway separations with less than 150 feet of landscaped frontage and to permit allocation of interior spaces other than those permitted in Section 31-145(d)(8) of the City Code for the Park Square mixed-use project on the south side of NE 207 Street between NE 29 Avenue and NE 30 Avenue and more particularly described in Exhibit "A" to this Resolution is hereby granted subject to the following conditions: 1. The applicant shall obtain building permits for all buildings within the proposed development within 24 months of the date of the approving resolution, failing which this approval shall be void. The applicant may request one six month extension of time to obtain building permits and the City Commission may, by resolution or motion, grant such extension of time upon a showing of good cause by the applicant. 2. No Temporary Certificate of Occupancy or final Certificate of Occupancy shall be issued for any individual building within the development until such time as building permits for all buildings within the development have been issued by the City and construction of those buildings has commenced, provided that the City Manager is authorized to release this condition if the applicant demonstrates to the City Manager's satisfaction that this condition will prevent financing of the development components. 3. No building permit will be issued by the City for the residential/general office building portion of this development until the City has issued building permits for the west garage/medical office component and the City has issued building permits for either the assisted living facility or the hotel component. 4. Plans shall substantially comply with those submitted, as follows: • "Park Square Aventura", Cover Sheet, prepared by Zyscovich Architects, dated March 18, 2014. • "Park Square Aventura", Sheet G-00, Location Map and Index, prepared by Zyscovich Architects, dated, signed and sealed March 18, 2014. Resolution No. 2014-19 Page 3 • "Park Square Aventura", Sheet A-00, Renderings, prepared by Zyscovich Architects, dated, signed and sealed March 18, 2014. • "Park Square Aventura", Sheet A-01, Site Data Information, prepared by Zyscovich Architects, dated, signed and sealed 3/18/14. • "Park Square Aventura", Sheet A-02, Site Setback Diagram, prepared by Zyscovich Architects, dated, signed and sealed 3/18/14. • "Park Square Aventura", Sheet A-03, Off-Site Sketch, prepared by Zyscovich Architects, dated, signed and sealed 3/18/14. • "Park Square Aventura", Sheet A-10, Ground Floor Plan, prepared by Zyscovich Architects, dated, signed and sealed 3/18/14. • "Park Square Aventura", Sheet A-11, Mezzanine Floor Plan, prepared by Zyscovich Architects, dated, signed and sealed 3/18/14. • "Park Square Aventura", Sheet A-12, Second Floor Plan, prepared by Zyscovich Architects, dated, signed and sealed 3/18/14. • "Park Square Aventura", Sheet A-13, Third Floor Plan, prepared by Zyscovich Architects, dated, signed and sealed 3/18/14. • "Park Square Aventura", Sheet A-14, Fourth Floor Plan, prepared by Zyscovich Architects, dated, signed and sealed 3/18/14. • "Park Square Aventura", Sheet A-15, Fifth Floor Plan, prepared by Zyscovich Architects, dated, signed and sealed 3/18/14. • "Park Square Aventura", Sheet A-16, Sixth Floor Plan, prepared by Zyscovich Architects, dated, signed and sealed 3/18/14. • "Park Square Aventura", Sheet A-17, Seventh Floor Plan, prepared by Zyscovich Architects, dated, signed and sealed 3/18/14. • • "Park Square Aventura", Sheet A-18, Eighth Floor Plan, prepared by Zyscovich Architects, dated, signed and sealed 3/18/14. • "Park Square Aventura", Sheet A-19, Ninth Floor Plan, prepared by Zyscovich Architects, dated, signed and sealed 3/18/14. • "Park Square Aventura", Sheet A-20, Tenth Floor Plan, prepared by Zyscovich Architects, dated, signed and sealed 3/18/14. • "Park Square Aventura", A-21, Eleventh and Twelfth Floor Plans, prepared by Zyscovich Architects, dated, signed and sealed 3/18/14. • "Park Square Aventura", Sheet A-22, Roof Plan, prepared by Zyscovich Architects, dated, signed and sealed 3/18/14. • "Park Square Aventura", Sheet A-30, Overall North and East Elevation, prepared by Zyscovich Architects, dated, signed and sealed 3/18/14. • "Park Square Aventura", Sheet A-31, Overall South and West Elevation, prepared by Zyscovich Architects, dated, signed and sealed 3/18/14. • "Park Square Aventura", Sheet A-32, East Building Res. Cross Sections, prepared by Zyscovich Architects, dated, signed and sealed 3/18/14. • "Park Square Aventura", Sheet LT-1, Tree Management Plan, prepared by SavinoMiller Design Studio, dated, signed and sealed 3/3/14. • "Park Square Aventura", Sheet LH-1, Site Hardsurface Plan, prepared by SavinoMiller Design Studio, dated, signed and sealed 3/3/14. Resolution No. 2014-19 Page 4 • "Park Square Aventura", Sheet LH-2, Site Hardsurface Schedule, prepared by SavinoMiller Design Studio, dated, signed and sealed 3/3/14. • "Park Square Aventura", Sheet LL-1, Site Lighting Plan, prepared by SavinoMiller Design Studio, dated, signed and sealed 3/3/14. • "Park Square Aventura", Sheet LL-2, Site Lighting Schedule, prepared by SavinoMiller Design Studio, dated, signed and sealed 3/3/14. • "Park Square Aventura", Sheet LP-1, Landscape Plan, Ground Level, prepared by SavinoMiller Design Studio, dated, signed and sealed 3/3/14. • "Park Square Aventura", Sheet LP-2, Landscape Plan, Upper Levels, prepared by SavinoMiller Design Studio, dated, signed and sealed 3/3/14. • "Park Square Aventura" Sheet 1 of 1, Boundary and Topographic Survey, prepared by Fortin, Leavy, Skiles, Inc., dated 7/14/06, updated 2/25/14. • "Park Square Aventura", Sheet C-2.0, Notes & Specifications, prepared by Langan, dated 3/3/14, revised 3/12/14, signed and sealed. • "Park Square Aventura", Sheet C-3.0, Overall Site Plan, prepared by Langan, dated 3/3/14, revised 3/12/14, signed and sealed. • "Park Square Aventura", Sheet C-3.5, Off Site Signage & Striping Plan, prepared by Langan, dated 3/3/14, revised 3/12/14, signed and sealed. • "Park Square Aventura", Sheet C-4.0, Preliminary Grading & Drainage Plan, prepared by Langan, dated 3/3/14, revised 3/12/14, signed and sealed. • "Park Square Aventura", Sheet C-5.0, Overall Utility Plan, prepared by Langan, dated 3/3/14, revised 3/12/14, signed and sealed. • "Park Square Aventura", Sheet C.5-1 through C-5.4, Water Plan, prepared by Langan, dated 3/3/14, revised 3/12/14, signed and sealed. • "Park Square Aventura", Sheet C-5.5, Sanitary Sewer Plan, prepared by Langan, dated 3/3/14, revised 3/12/14, signed and sealed. • "Park Square Aventura", Sheet C-9.0, Vehicular Circulation Plan, prepared by Langan, dated 3/5/14, revised 3/12/14, signed and sealed. "Park Square Aventura", Sheet C-10.0, Easement & Right of Way Dedication Plan, prepared by Langan, dated 12/12/13, revised 3/12/14, signed and sealed. 5. 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. 6. Prior to issuance of a building permit for the proposed development, the applicant shall: (i) provide to the City a recorded copy of a Unity of Title or Covenant in Lieu of Unity of Title, in form satisfactory to the City Manager and City Attorney, to combine all parcels comprising this development into a single building site, and Resolution No. 2014-19 Page 5 (ii) provide to the City, in form satisfactory to the City Manager and City Attorney, a recorded copy of the dedication to the City of required widenings for roads and sidewalks around the perimeter of the site, and (iii) provide to the City, in form satisfactory to the City Manager and City Attorney, a recorded copy of a Declaration of Restrictive Covenants for use of the shared parking and for operation of a valet service, as presented in the approved plans and studies, and (iv) provide to the City, in form satisfactory to the City Manager and City Attorney, a recorded agreement between the owner and the adjacent property owners to the east and west for installation and maintenance of street trees indicated on the landscape plans, and (v) provide to the City, a recorded copy of this Resolution, and (vi) fulfill all conditions of City of Aventura Resolution No. 2006-61 regarding the abandoned rights of ways and alleys within the development parcel, including payment to the City of the proffered sum of $750,000.00 as an impact offset for the City's abandonment of these rights of ways and alleys, and (vii) obtain a Public Works Permit from the City's Community Services Department for all planned improvements in the public right of way. 7. Prior to issuance of a Certificate of Occupancy or Temporary Certificate of Occupancy for any of the proposed buildings, the applicant shall: (i) provide to the City a recorded copy of all required easements for utilities; and (ii) relocate the gate currently located at the easterly termination of NE 205 Street further to the east into the driveway for the Aventura Turnberry Jewish Center, and (iii) provide to the City a recorded copy of the easement to the owner of the property to the south for the relocated driveway access to its site from NE 205 Street lying within this property, and (iv) complete all roadway improvements, to the satisfaction of the City Manager, on NE 29 Avenue, 30 Avenue, NE 205 Street and NE 207 Street and at the intersections of NE 207 Street and Biscayne Boulevard and NE 209 Street and Biscayne Boulevard, as shown on the approved plans and as described in the approved Traffic Study entitled "Park Square at Aventura" prepared by David Plummer and Associates. Resolution No. 2014-19 Page 6 Section 2. Issuance of this development order by the City of Aventura does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City of Aventura for issuance of the development order if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All applicable state and federal permits must be obtained before commencement of the development. This condition is included pursuant to Section 166.033, Florida Statutes, as amended. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner Cohen, 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 Commissioner Luz Urbaez Weinberg yes Mayor Susan Gottlieb yes Resolution No 2014-19 Page 7 PASSED AND ADOPTED this 1st day of April, 2014. F 1 /z l ' SusaWGottli b, Mayor ATTEST: Li 1 41.1:x. I 4P, ESA M. S o R o MMC CLERK APPROVED A TO LEGAL SUFFI IENCY: A—n CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this Z` day o ' , fr4d. 2014. / AtiC. AP i 4 CLERK ii Resolution No. 2014-19 Page 8 Exhibit "A" to Resolution No. 2014- Legal Description of Property Parcel 1: Lots 7 through 42, Block 18, HALLANDALE PARK No.8, including the ten (10) foot alleys that are South of a line 81.00 feet South of and parallel/concentric with the North right-of-way line of Waterways Boulevard, lying within said Block 18, according to the Plat thereof, as recorded in Plat Book 20 at Page 49 of the Public Records of Miami- Dade County, Florida, AND Tract 1, LAURANNA, according to the Plat thereof, as recorded in Plat Book 76 at Page 31 of the Public Records of Miami-Dade County, Florida. AND (Lands vacated by Resolution No. 2006-61 AS, recorded in OR Book 25093, Page 478, subject to the requirements set forth in said Resolution) A portion of land bounded by on the North by a line 81.00 feet South of and parallel or concentric with the North line of Waterways Boulevard as shown on AVENTURA CORPORATE CENTER, according to the plat thereof, as recorded in Plat Book 158, Page 47, and bounded on the South by the North line of Block 18, HALLANDALE PARK NO.8, according to the plat thereof, as recorded in Plat Book 20 at Page 49, all being of the Public Records of Miami-Dade County, Florida, lying and being in the City of Aventura and being more particularly described as follows: Commence at the Southwest corner of Lot 26, of said Block 18; thence N00°56'26"W along the East right of way line of N.E. 29 Avenue as shown on said Plat Book 20 at Page 49, also being the West line of said Block 18 for 76.87 feet to a point of curvature and the most Westerly Northwest corner of said Lot 26, also being the POINT OF BEGINNING of the hereinafter described parcel of land; thence Northeasterly along a 25.00 foot radius curve, leading to the right, through a central angle of 91°06'02" for an arc distance of 39.75 to a point of tangency; thence S 89°50'24" E along the North line of said Block 18 and the Easterly extension thereof for 474.99 feet to a point on a circular curve, concave to the Northeast and whose radius point bears N06°44'26"E, the following two courses being along a line 81.00 feet South of and parallel or concentric with said North line of Waterways Boulevard; (1) thence Northwesterly along a 1519.00 foot radius curve leading to the right, through a central angle of 07°14'58" for an arc distance of 192.20 feet to a point of tangency; (2) thence N76°00'36"W for 290.40 feet to a point of curvature; thence Southwesterly along a 25.00 foot radius curve, leading to 1 Resolution No. 2014-19 Page 9 the left, through a central angle of 104°55'50" for an arc distance 45.78 feet to a point of tangency; thence S00°56'26"E along the Northerly extension of the said East right of way line of N.E. 29 Avenue for 104.19 feet to the POINT OF BEGINNING. AND That portion of N.E. 206th Street bounded on the North by Block 18 and bounded on the South by the center line of N.E. 206 Street and bounded on the East by the West right-of-way line of N.E. 30 Avenue (East Dixie Highway) and bounded on the West by the East right-of-way line of N.E. 29 Avenue (Harvard Avenue), all being as shown on HALLANDALE PARK No.8, according to the Plat thereof, as recorded in Plat Book 20 at Page 49 of the Public Records of Miami-Dade County, Florida. Parcel 2: LOTS 10, 12 through 23, inclusive, and Lots 28 through 42, inclusive, Block 17, HALLANDALE PARK NO.8, according to the plat thereof, as recorded in Plat Book 20, Page 49, Public Records of Miami-Dade County, Florida, together with those portions of adjacent vacated alleys and NE 205 Street, to the centerlines thereof, as vacated in Resolution recorded August 21, 2000 in Official Records Book 19247, Page 4677, Public Records of Miami-Dade County, Florida. AND Lots 1,2,6, 7, 8,9, 11,24,25,26 and 27, Block 17, HALLANDALE PARK NO.8, according to the plat thereof, as recorded in Plat Book 20, Page 49, Public Records of Miami- Dade County, Florida, together with those portions of adjacent vacated alleys and NE 205 Street, to the centerlines thereof, as vacated in Resolution recorded August 21, 2000 in Official Records Book 19247, Page 4677, Public Records of Miami-Dade County, Florida. AND Tract 1, Block 17 of a REPLAT OF A PORTION OF HALLANDALE PARK NO.8, according to the plat thereof, as recorded in Plat Book 40, Page 97, Public Records of Miami-Dade County, Florida, together with those portions of adjacent vacated alleys and NE 205 Street, to the centerlines thereof, vacated per Resolution recorded August 21, 2000 in Official Records Book 19247, Page 4677, Public Records of Miami-Dade County, Florida.