Resolution No. 2016-26 Conditional Use Approval for Turnberry Plaza Ltd. at 2875 NE 191 Street (01-CU-16) - April 5, 2016 RESOLUTION NO. 2016-26
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL
PURSUANT TO SECTION 31-144(c)(2) I. AND m. OF THE CITY CODE
TO ALLOW LOT COVERAGE OF 42.23% WHERE MAXIMUM LOT
COVERAGE OF 40% IS PERMITTED BY CODE AND TO ALLOW
FLOOR AREA RATIO OF 1.93 WHERE MAXIMUM FLOOR AREA
RATIO OF 1.61 IS PERMITTED BY CODE, BOTH FOR A HOTEL
DEVELOPMENT IN THE COMMUNITY BUSINESS (B2) DISTRICT, TO
BE CONSTRUCTED PURSUANT TO THE CITY'S GREEN BUILDING
PROGRAM, LOCATED AT 2875 NE 191 STREET, CITY OF
AVENTURA; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property described herein in Exhibit "A" is zoned Community
Business (B2) District; and
WHEREAS, the applicant, Turnberry Plaza Ltd., through Application No. 01-CU-
16 is requesting conditional use approval pursuant to Section 31-144(c)(2) I. and m. of
the City Code to allow increased lot coverage and increased floor area for a hotel
development to be constructed under the City's Green Building Program; 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:
Section 1. Application for Conditional Use to allow increased lot coverage of
42.23% where a maximum 40% lot coverage is permitted by Code and to allow
increased floor area ratio of 1.93 where a maximum of 1.61 floor area ratio is permitted
by Code, is hereby granted, subject to the conditions set out in this Resolution, on
property legally described in Exhibit "A" to this Resolution and known as municipal
address 2875 NE 191 Street, City of Aventura.
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City of Aventura Resolution No. 2016-26
Section 2. Approval of the application above is subject to the following
conditions:
1. Plans submitted for building permit shall substantially comply with those submitted
as follows:
• "Aventura Hilton Hotel", Cover/Location Map/Drawing Index, Sheet A001,
prepared by Prime Design Associates, dated 8/31/2015, last revised 1/25/16,
signed and sealed 3/29/16.
• "Aventura Hilton Hotel", Drawing Index, Sheet A003, prepared by Prime Design
Associates, dated 8/31/2015, last revised 11/16/15, signed and sealed 3/29/16.
• Boundary Survey, 1 page, dated 11/11/15, prepared by A. Duchart Land
Surveying Inc., signed and sealed.
• "Aventura Hilton Hotel", Site Reference Plan, Sheet A006, prepared by Prime
Design Associates, dated 8/31/15, last revised 1/25/16, signed and sealed
3/29/16.
• "Aventura Hilton Hotel", FAR Calculations, Sheet A008, prepared by Prime
Design Associates, dated 8/31/15, signed and sealed 3/29/16.
• "Aventura Hilton Hotel", Building Plans, Ground Floor Plan, Sheet A200,
prepared by Prime Design Associates, dated 8/31/15, last revised 1/25/16,
signed and sealed 3/29/16.
• "Aventura Hilton Hotel", Building Plans, 2nd Floor Garage Parking Plan, Sheet
A201, prepared by Prime Design Associates, dated 8/31/15, revised 1/25/16,
signed and sealed 3/29/16.
• "Aventura Hilton Hotel", Building Plans, 3rd Floor Garage Parking Plan, Sheet
A202, prepared by Prime Design Associates, dated 8/31/15, last revised
12/17/15, signed and sealed 3/29/16.
• "Aventura Hilton Hotel", Building Plans, 4th Floor Garage Parking Plan, Sheet
A203, prepared by Prime Design Associates, dated 8/31/15, last revised
12/17/15, signed and sealed 3/29/16.
• "Aventura Hilton Hotel", Building Plans, 5th Floor Garage Parking Plan, Sheet
A204, prepared by Prime Design Associates, dated 8/31/15, last revised
12/17/15, signed and sealed 3/29/16.
• "Aventura Hilton Hotel", Building Plans, 6th Floor Garage Parking Plan, Sheet
A205, prepared by Prime Design Associates, dated 8/31/15, last revised
12/17/15, signed and sealed 3/29/16.
• "Aventura Hilton Hotel", Building Plans, 7th Floor (Main Public Level) Plan, Sheet
A206, prepared by Prime Design Associates, dated 8/31/15, signed and sealed
3/29/16.
• "Aventura Hilton Hotel", Building Plans, 8th Floor Plan, Sheet A207, prepared by
Prime Design Associates, dated 8/31/15, signed and sealed 3/29/16.
• "Aventura Hilton Hotel", Building Plans, 9th Floor Plan, Sheet A208, prepared by
Prime Design Associates, dated 8/31/15, signed and sealed 3/29/16.
• "Aventura Hilton Hotel", Building Plans, 10th Floor Plan, Sheet A209, prepared
by Prime Design Associates, dated 8/31/15, signed and sealed 3/29/16.
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City of Aventura Resolution No. 2016-26
• "Aventura Hilton Hotel", Building Plans, 11th Floor Plan, Sheet A210, prepared
by Prime Design Associates, dated 8/31/15, signed and sealed 3/29/16.
• "Aventura Hilton Hotel", Building Plans, 12th Floor Plan, Sheet A211, prepared
by Prime Design Associates, dated 8/31/15, signed and sealed 3/29/16.
• "Aventura Hilton Hotel", Building Plans, Roof Access Plan, Sheet A212, prepared
by Prime Design Associates, dated 8/31/15, last revised 12/17/15, signed and
sealed 3/29/16.
• "Aventura Hilton Hotel", Building Plans, Roof Plan, Sheet A213, prepared by
Prime Design Associates, dated 8/31/15, revised 11/16/15 signed and sealed
3/29/16.
• "Aventura Hilton Hotel", Building Elevations, Building Elevations, Sheet A400,
prepared by Prime Design Associates, dated 8/31/15, last revised 11/16/15,
signed and sealed 3/29/16.
• "Aventura Hilton Hotel", Building Elevations, Building Elevations, Sheet A401,
prepared by Prime Design Associates, dated 8/31/15, last revised 11/16/15,
signed and sealed 3/29/16.
• "Aventura Hilton Hotel", Building Elevations, Building Elevations, Sheet A402,
prepared by Prime Design Associates, dated 8/31/15, last revised 11/16/15,
signed and sealed 3/29/16.
• "Aventura Hilton Hotel", Building Elevations, Building Elevations, Sheet A403,
prepared by Prime Design Associates, dated 8/31/15, last revised 11/16/15m
signed and sealed 3/29/16.
• "Aventura Hilton Hotel", Building Elevations, Building Perspectives Sheet A404,
prepared by Prime Design Associates, dated 8/31/15, signed and sealed
3/29/16.
• "Aventura Hilton Hotel", Building Elevations, Building Perspectives Sheet A405,
prepared by Prime Design Associates, dated 8/31/15, signed and sealed
3/29/16.
• "Aventura Hilton Hotel", Building Elevations, Renderings Sheet A406, prepared
by Prime Design Associates, dated 8/31/15, signed and sealed 3/29/16.
• "Aventura Hilton Hotel", Building Elevations, Axonometric View, Sheet A407,
prepared by Prime Design Associates, dated 8/31/15, signed and sealed
3/29/16.
• "Aventura Hilton Hotel", Building Sections, Building Sections Sheet A500,
prepared by Prime Design Associates, dated 8/31/15, signed and sealed
3/29/16.
• "Aventura Hilton Hotel", Building Sections, Building Sections Sheet A501,
prepared by Prime Design Associates, dated 8/31/15, signed and sealed
3/29/16.
• "Aventura Hilton Hotel", Building Sections, Building Sections Sheet A502,
prepared by Prime Design Associates, dated 8/31/15, signed and sealed
3/29/16.
• "Aventura Hilton Hotel", Building Sections, Building Sections Sheet A503,
prepared by Prime Design Associates, dated 8/31/15, signed and sealed
3/29/16.
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City of Aventura Resolution No. 2016-26
• "Aventura Hilton Hotel", Building Sections, Building Sections Sheet A504,
prepared by Prime Design Associates, dated 8/31/15, signed and sealed
3/29/16.
• "Aventura Hilton Hotel", Building Sections, Building Sections Sheet A505,
prepared by Prime Design Associates, dated 8/31/15, signed and sealed
3/29/16.
• "Aventura Hilton Hotel", Building Sections, Building Sections Sheet A506,
prepared by Prime Design Associates, dated 8/31/15, signed and sealed
3/29/16.
• "Aventura Hilton Hotel", Building Sections, Building Sections Sheet A507,
prepared by Prime Design Associates, dated 8/31/15, signed and sealed
3/29/16.
• "Aventura Hilton Hotel", Building Sections, Building Sections Sheet A508,
prepared by Prime Design Associates, dated 8/31/15, signed and sealed
3/29/16.
• "Aventura Hilton Hotel", Building Sections, Building Sections Sheet A509,
prepared by Prime Design Associates, dated 8/31/15, signed and sealed
3/29/16.
• "Aventura Hilton Hotel", Building Sections, Building Sections Sheet A510,
prepared by Prime Design Associates, dated 8/31/15, signed and sealed
3/29/16.
• "Aventura Hilton Hotel", Guest Room Plans, Guest Room Plans Sheet A900,
prepared by Prime Design Associates, dated 8/31/15, last revised 12/17/15,
signed and sealed 3/29/16.
• "Aventura Hilton Hotel", Aerial, prepared by Prime Design Associates, dated
7/27/15, last revised 11/16/15, signed and sealed 3/29/16.
• "Aventura Hilton Hotel", Civil Engineering, Overall Site Plan/Location Map &
Notes Sheet C-1, prepared by Prime Design Associates, dated 7/27/15, last
revised 3/18/16, signed and sealed 3/29/16.
• "Aventura Hilton Hotel", Civil Engineering, Fire Department Site Plan, Sheet C-
IA, prepared by Consulting Engineering & Science, signed and sealed 3/29/16,
last revised 3/18/16.
• "Aventura Hilton Hotel", Civil Engineering, Layout Plan and Notes, Sheet C-2,
prepared by Consulting Engineering & Science, revised 3/18/16, signed and
sealed 3/29/16.
• "Aventura Hilton Hotel", Civil Engineering, Layout Plan and Notes, Sheet C-3,
prepared by, Consulting Engineering & Science, revised 3/18/16, signed and
sealed 3/29/16.
• "Aventura Hilton Hotel", Civil Engineering, Site utility Plan and Notes, Sheet C-4,
prepared by Consulting Engineering & Science, revised 3/18/16, signed and
sealed 3/29/16.
• "Aventura Hilton Hotel", Civil Engineering, Site Utility Plan and Notes, Sheet C-5,
prepared by Consulting Engineering & Science, revised 3/18/16, signed and
sealed 3/29/16.
• "Aventura Hilton Hotel", Civil Engineering, Site Details, Sheet C-6, prepared by
Consulting Engineering & Science, signed and sealed 3/29/16, last revised
3/18/16.
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City of Aventura Resolution No. 2016-26
• "Aventura Hilton Hotel", Civil Engineering, Drainage Details, Sheet C-7, prepared
by Consulting Engineering & Science, signed and sealed 3/29/16, last revised
12/17/15.
• "Aventura Hilton Hotel", Civil Engineering, Sections, Sheet C-8, prepared by
Consulting Engineering & Science, signed and sealed 3/29/16, last revised
3/18/16.
• "Aventura Hilton Hotel", Civil Engineering, Demolition Plan and Notes, Sheet D-1,
prepared by Consulting Engineering & Science, signed and sealed 3/29/16, last
revised 12/17/15.
• "Aventura Hilton Hotel", Civil Engineering, Storm Water Prevention Notes, Sheet
SWPPP-1, prepared by Consulting Engineering & Science, signed and sealed
3/29/16, last revised 12/17/15.
• "Aventura Hilton Hotel", Civil Engineering, Storm Water Prevention Plan, Sheet
SWPPP-2, prepared by Consulting Engineering & Science, signed and sealed
3/29/16, last revised 3/18/16.
• "Aventura Hilton Hotel", Landscape Plans, Index, Sheet L-1, prepared by Witkin
Hults Design Group, revised 3/21/16, signed and sealed 3/29/16.
• "Aventura Hilton Hotel", Landscape Plans, Tree Disposition Plan, Sheet L-2,
prepared by Witkin Hults Design Group, revised 3/28/16, signed and sealed
3/29/16.
• "Aventura Hilton Hotel", Landscape Plans, Site Landscape Plan, Sheet L-3,
prepared by Witkin Hults Design Group, revised 3/28/16, signed and sealed
3/29/16.
• "Aventura Hilton Hotel", Landscape Plans, Site Landscape Plan, Sheet L-4,
prepared by Witkin Hults Design Group, revised 3/18/16, signed and sealed
3/29/16.
• "Aventura Hilton Hotel", Landscape Plans, Amenity Level Landscape Plan, Sheet
L-5, prepared by Witkin Hults Design Group, revised 3/18/16, signed and sealed
3/29/16.
• "Aventura Hilton Hotel", Landscape Plans, Landscape Details, Sheet L-6,
prepared by Witkin Hults Design Group, revised 12/11/15, signed and sealed
3/29/16.
• "Aventura Hilton Hotel", Landscape Plans, Landscape Notes, Sheet L-7,
prepared by Witkin Hults Design Group, revised 11/16/15, signed and sealed
3/29/16.
2. Building permits shall be obtained within 12 months of the date of this Resolution,
failing which this approval shall be deemed null and void. The City Commission may,
by resolution or motion at a regular meeting, grant one extension of up to six months for
good cause shown by the applicant and upon written request for such extension by the
applicant within the initial 12 month approval period.
3. 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.
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City of Aventura Resolution No. 2016-26
4. Prior to issuance of a building permit by the City for the proposed development, the
applicant shall:
(i) enter into and record in the Public Records of Miami-Dade County, at its
expense, and in form satisfactory to the City Manager and City Attorney,
the Agreement and Covenant in fulfillment of all requirements of the City's
Green Building Ordinance No. 2009-18; and
(ii) provide to the City a performance bond or other security approved by the
City Manager and City Attorney in the amount of 5% of building
construction costs as approved by the City's Building Official to guarantee
attainment of LEED® Gold certification by the US Green Building Council;
and
(iii) fulfill the condition of approval of the final plat approved by the City
Commission through Resolution No. 2016-08; and
(iv) record the release and vacation of the 15' easement along the easterly lot
line in favor of Miami-Dade County Water and Sewer Department; and
(v) submit and receive approval from the City Manager of a detailed job-site
plan as required by City of Aventura Ordinance No. 2006-05. This job-site
plan shall include a copy of the agreement for valet parking service and
for off-site leased parking spaces for employees and patrons while the
northern portion of the site is under construction; and
(vi) provide to the City, a copy of the FDOT drainage permit; and
(vii) provide to the City, evidence that the site drainage system has been
cleaned and lamped to the satisfaction of the City's Engineering
Consultant; and
5. Prior to issuance of a Certificate of Occupancy or Temporary Certificate of
Occupancy, the applicant shall:
(i) provide an as-built survey and Elevation Certificate in form approved by
the City; and
(ii) record the final plat approved by the City Commission through Resolution
No. 2016-08; and
(iii) provide to the City, evidence of compliance with City Code Section 31-242
regarding amplification systems public safety radio system protection; and
(iv) repair any deficiencies found in the site drainage system and properly seal
all pipe connections to the existing drainage structures. In the event the
existing drainage system is found to be in poor condition, all existing catch
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City of Aventura Resolution No. 2016-26
basins and French drains are to be replaced, all to be approved by the
City's Engineering Consultant.
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. 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 5. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner Landman, who moved
its adoption. The motion was seconded by Commissioner Weinberg, and upon being
put to a vote, the vote was as follows:
Commissioner Enbar Cohen Yes
Commissioner Teri Holzberg Yes
Commissioner Denise Landman Yes
Commissioner Marc Narotsky Yes
Commissioner Howard Weinberg Yes
Vice Mayor Robert Shelley Yes
Mayor Enid Weisman Yes
Page 7 of 9
City of Aventura Resolution No. 2016-26
PASSED AND ADOPTED this 5th day of April, 2016.
D WEISMAN, MAYOR
s __ ii
- I*
' - Ni.c
ATTEST:
ELLISA L. HORVAT C
CITY CLERK
APPROVED AS TO LEG L SUFFICIENCY:
CITYO EY
This Resolution was filed in the Office of the City Clerk this .S day of 4yi 1, 2016.
---4 .t ,e.,.,;,
CITY CLERK
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City of Aventura Resolution No. 2016-26
Exhibit "A"
Legal Description of Property
2875 NE 191 Street, City of Aventura
Parcel I:
A parcel of land being a part of the East 'A of the SW '/, of the SE 1/, of the NW '/4 of Section 3,
Township 52 South,Range 42 East,said parcel being more particularly described as follows:
Commence at the Southeast corner of the NW 14 of said Section 3; township 52 South, Range 42
East; thence South 874° 35' 12" West, along the South line of said NW '4 of Section 3 a distance of
669.86 feet;thence North 2° 58' 20" West along the East line of the said East 'A of the SW 1/4 of the
SE 'A. of the NW WI of Section 3 for 35.00 feet to the Point of Beginning of the herein described
parcel; thence South 87° 35' 12" West along the North Right-of-Way line of NE 191s1 Street per
Official Records Book 12487, Page 912,of the Public Records of Miami-Dade County, Florida,said
Right-of-Way line being 35.00 feet North of the South line of said NW % for 335.09 feet; thence
North 02° 52' 03" West along the West line of the said East 1/2 of the SW '/4 of the SE s of the NW
'/�of Section 3 for 616.40 feet;the following three(3)courses being along the Southwesterly Right-
of-Way line of State Road 856 also being part of the Limited Access Right-of-Way line of NE 192'
Strut, per Florida Department of Transportation Right-of-Way Map (Section 87013-2510); (1)
thence South 48°23' 59"East for 102.19 feet;(2)thence South 56° 50' 26" East for 238.27 feet to a
point of curvature; (3) thence Southeasterly along the arc of a 1290.92 foot radius curve leading to
the left, having a central angle of 3° 41' 55" for an arc of 83.33 feet; thence South 02° 58' 20"East
along the East line of the said East ''A of the SW 'A of the SE %of the NW '/4 of Section 3 for 360.36
feet to the Point of Beginning.
Said land situate in Miami-Dade County,Florida.
Parcel 2:(TOGETHER WITH):
Those certain Easements in favor of Turnberry Plaza Ltd.((irantee)and the "Urantee's Beneficiaries"
(as that term is defined in the Easement Agreement more particularly described hereinbelow) for (1)
Vehicular parking and (2) pedestrian vehicular traffic across, over and upon the "Easement Area"
more particularly described in the Easement Agreement,as amended, which Easements were created
in that certain Easement Agreement by and between Champion Retail LImited Partnership, a Florida
limited partnership(Grantor)and Tumberry Plaza Ltd.,a Florida limited partnership(Grantee)dated
March 22, 1996, recorded April 4, 1996 in Official Records Book 17154, Page 4175, and as
amended by First Amendment to Easement Agreement recorded March 26, 1999 in Official Records
Book 18536, Page 2329, and by Second Amendment recorded August 19, 2011 in Official Records
Book 27798, Page 368,all of the Public Records of Miami-Dade County,Florida.
Page 9 of 9