Resolution No. 2016-68 Conditional Use Approval for Parking Garage (Aventura Corporate Center LLLP - 2777 NE 185 Street) - November 1, 2016 RESOLUTION NO. 2016-68
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL
PURSUANT TO SECTION 31-144(C)(2)n. OF THE CITY CODE TO
ALLOW AN AUTOMOBILE PARKING GARAGE ON A LOT LOCATED
IN THE COMMUNITY BUSINESS (B2) DISTRICT THAT IS DIRECTLY
ADJACENT TO AN AUTOMOBILE PARKING GARAGE IN A
MULTIFAMILY RESIDENTIAL ZONING DISTRICT AND THAT DOES
NOT MEET THE HEIGHT AND DISTANCE REQUIREMENTS OF
SECTION 31-144(c)(5)b. OF THE CITY CODE, FOR AN OFFICE AND
RETAIL DEVELOPMENT AT 2777 NE 185 STREET, CITY OF
AVENTURA; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property described herein is zoned B2, Community Business
District; and
WHEREAS, the applicant, Aventura Corporate Center LLLP, through Application
No. 04-CU-16, is requesting Conditional Use approval to permit an automobile parking
garage on a lot located in the Community Business (B2) District that is directly adjacent
to an automobile parking garage in a multifamily residential zoning district and that does
not meet the height and distance requirements of the City Code; and
WHEREAS, Section 31-144(c)(2)n. of the City Code provides that automobile
parking garages located in the Community Business (B2) District that are directly
adjacent to an automobile parking garage in a multifamily residential zoning district and
that do not meet the height and distance requirements of Section 31-144(c)(5)b. of the
City Code may be approved as a conditional use if they meet the design conditions of
Section 31-144(c)(2)n. and the conditions of Section 31-73(c) of the City Code; 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.
City of Aventura Resolution No. 2016-68
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, THAT:
Section 1. The above stated recitals are hereby adopted and confirmed.
Section 2. Application 04-CU-16 for Conditional Use to allow an automobile
parking garage located on a lot in the Community Business (B2) District that is directly
adjacent to an automobile parking garage in a multifamily residential zoning district and
that does not meet the height and distance requirements of the City Code, is hereby
granted exclusively to the Applicant, subject to the conditions set out in this Resolution,
on property legally described in Exhibit "A" to this Resolution.
Section 3. Approval of the request above is subject to the following conditions:
1. The applicant shall obtain a building permit for the development within 12 months of
the date of the approving resolution, failing which this approval shall be void. The
applicant may request, in writing and prior to expiry of the initial 12 month time period,
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, and
2. Plans submitted for building permits shall substantially comply with those submitted
with this application for conditional use approval as follows:
• "Aventura Office Tower", Cover Sheet & Project Data, prepared by Beame
Architectural Partnership, dated 10/14/16, signed and sealed.
• "Aventura Office Tower", Boundary Survey, prepared by Fortin, Leavy, Skiles,
Inc., Sheet No.1 of 1, last revised 9/3/15, signed and sealed.
• "Aventura Office Tower", Location Plan, prepared by Beame Architectural
Partnership, Sheet No. AO.1, dated 10/14/16, signed and sealed.
• "Aventura Office Tower", Location Plan, prepared by Beame Architectural
Partnership, Sheet No. AO.2, dated 10/14/16, signed and sealed.
• "Aventura Office Tower", Site Plan (Roof Plan), prepared by Beame Architectural
Partnership, Sheet No. A1.1, dated 10/14/16, signed and sealed.
• "Aventura Office Tower", Ground Floor Plan, prepared by Beame Architectural
Partnership, Sheet No. A2.1, dated 10/14/16, signed and sealed.
• "Aventura Office Tower", Second Level Floor Plan, prepared by Beame
Architectural Partnership, Sheet A2.2, dated 10/14/16, signed and sealed.
• "Aventura Office Tower:, Third Level Floor Plan, prepared by Beame
Architectural Partnership, Sheet A2.3, dated 10/14/16, signed and sealed.
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City of Aventura Resolution No. 2016-68
• "Aventura Office Tower", Fifth Level Plan, prepared by Beame Architectural
Partnership, Sheet No. A2.5, dated 10/14/16, signed and sealed.
• "Aventura Office Tower", Sixth Level Floor Plan, prepared by Beame
Architectural Partnership, Sheet No. A2.6, dated 10/14/16, signed and sealed.
• "Aventura Office Tower", Seventh Level Plan, prepared by Beame Architectural
Partnership, Sheet No. A2.7, dated 10/14/16, signed and sealed.
• "Aventura Office Tower", Eighth Level Plan, prepared by Beame Architectural
Partnership, Sheet No. A2.8, dated 10/14/16, signed and sealed.
• "Aventura Office Tower", Ninth Level Plan, prepared by Beame Architectural
Partnership, Sheet A2.9, dated 10/14/16, signed and sealed.
• "Aventura Office Tower", Tenth Level Plan, prepared by Beame Architectural
Partnership, Sheet No. A2.10, dated 10/14/16, signed and sealed.
• "Aventura Office Tower", Roof Floor Plan, prepared by Beame Architectural
Partnership, Sheet No. A2.11, dated 10/14/16, signed and sealed.
• "Aventura Office Tower", Elevations & Elevation Details, prepared by Beame
Architectural Partnership, Sheet No. A3.1, dated 10/14/16, signed and sealed.
• "Aventura Office Tower", Elevations & Elevation Details, prepared by Beame
Architectural Partnership, Sheet No. A3.3, dated 10/14/16, signed and sealed.
• "Aventura Office Tower", Sections, Elevations & Elevation Details, prepared by
Beame Architectural Partnership, Sheet No. A3.2, dated 10/14/16, signed and
sealed
• "Aventura Office Tower", Perspective Views, prepared by Beame Architectural
Partnership, Sheet No. A3.4, dated 10/14/16, signed and sealed.
• "Aventura Office Tower", General Notes & Specifications, prepared by Langan,
Sheet No. C-2.0, dated 10/4/16, signed and sealed 10/4/16.
• "Aventura Office Tower", Signage and Striping Plan, prepared by Langan, Sheet
No. C-3.0, dated 10/4/16, signed and sealed 10/4/16.
• "Aventura Office Tower", Fire Staging Area Plan, prepared by Langan, Sheet No.
C3.1, dated 10/4/16, signed and sealed 10/4/16.
• "Aventura Office Tower", Paving, Grading and Drainage Plan, prepared by
Langan, Sheet No. C-4.0, dated 10/4/16, signed and sealed 10/4/16.
• "Aventura Office Tower", Water Plan, prepared by Langan, Sheet No. C-5.0,
dated 10/4/16, signed and sealed 10/4/16.
• "Aventura Office Tower", Sanitary Sewer Plan, prepared by Langan, Sheet No.
C5.2, dated 10/4/16, signed and sealed 10/4/16.
• "Aventura Office Tower", Detail Sheet, prepared by Langan, Sheet No. C-8.0,
dated 10/4/16, signed and sealed 10/4/16.
• "Aventura Office Tower", Vehicular Circulation Plan, prepared by Langan, Sheet
No. C-9.0, dated 10/4/16, signed and sealed 10/4/16.
• "Aventura Office Tower", Landscape Plan, prepared by Witkin Hults Design
Group, Sheet No. L-1, dated 6/24/15, revised 10/2/16, signed and sealed
10/3/16.
• "Aventura Office Tower", Landscape Details, prepared by Witkin Hults Design
Group, Sheet No. L-2, dated 6/24/15, revised 10/2/16, signed and sealed
10/3/16.
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City of Aventura Resolution No. 2016-68
• "Aventura Office Tower", Site Photometrics Plan, prepared by Steven Feller, P.E,
P.L., Sheet No. PH-1, dated 6/29/15, revised 9/30/16, signed and sealed.
• "Aventura Office Tower", Roof Level Photometric, prepared by Steven Feller,
P.E, P.L., Sheet No. PH-2, dated 6/29/15, revised 9/30/16, signed and sealed.
• "Aventura Office Tower", Site Lighting Plan, prepared by Steven Feller, P.E, P.L.,
Sheet No. ES-1, dated 6/29/15, revised 9/30/16, signed and sealed.
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, and
4. Prior to issuance of a building permit for the proposed development, the applicant
shall:
(i) provide a job-site plan for approval of the City Manager, pursuant to
Ordinance No. 2006-05, and
(ii) provide to the City, in form satisfactory to the City Manager and City
Attorney, a signed copy of the amendment to the Declaration of Restrictive
Covenants in Lieu of Unity of Title, and
(iii) obtain a Public Works Permit from the City's Community Services
Department for all planned improvements in the public right of way, and
(iv) provide to the City, in form satisfactory to the City Manager and City
Attorney, a queuing study for the mechanical parking lift level in the parking
garage, and
(v) provide to the City, in form satisfactory to the City Manager and City
Attorney, a signed copy of the Restrictive Covenants as required by Section 31-
171(a)(6)(i) of the City Code regarding operation and maintenance of the parking
lifts on the first level of the parking garage.
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 satisfactory to
the City Manager, and
(ii) provide to the City, in form satisfactory to the City Manager and City
Attorney, a recorded copy of the Restrictive Covenant regarding the operation
and maintenance of the mechanical parking lifts, as required by Section 31-
171(a)(6)(i) of the City Code, and
(iii) provide to the City, in form satisfactory to the City Manager and City
Attorney, a recorded copy of the amendment to the Declaration of Restrictions in
Lieu of Unity of Title.
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
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City of Aventura Resolution No. 2016-68
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 Shelley, who moved its
adoption. The motion was seconded by Commissioner Holzberg, and upon being put to
a vote, the vote was as follows:
Commissioner Teri Holzberg Yes
Commissioner Denise Landman Yes
Commissioner Dr. Linda Marks Yes
Commissioner Robert Shelley Yes
Commissioner Howard Weinberg Yes
Vice Mayor Marc Narotsky Yes
Mayor Enid Weisman Yes
PASSED AND ADOPTED this 1st day of November, 2016.
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City of Aventura Resolution No. 2016-68
D WEISMA , MAYOR
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ATTEST:
ELLISA L. HORVA Or C
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
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CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this 1--3-1.-- day of
(JD eye kir , 2016.
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CITY CLERK
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City of Aventura Resolution No. 2016-68
EXHIBIT "A"
Legal Description of Property
Lot 2, Block 1, Aventura Walgreens Subdivision, according to the plat thereof as
recorded in Plat Book 157, Page 43, of the Public Records of Miami-Dade County,
Florida.
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