Resolution No. 2019-05 Conditional Use Approval for Limited Service Hotel & MultiFamily Residential Development at 2785 NE 185 Street (05-CU-18) - January 8, 2019 RESOLUTION NO. 2019-05
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL
TO PERMIT THE ESTABLISHMENT OF A LIMITED-SERVICE HOTEL
IN COMBINATION WITH A MULTIFAMILY RESIDENTIAL
DEVELOPMENT IN THE RMF4, MULTIFAMILY HIGH DENSITY
RESIDENTIAL DISTRICT PURSUANT TO SECTION 31-143(F)(2A)F. OF
THE CITY CODE, FOR PROPERTY LOCATED AT THE NORTHWEST
CORNER OF NE 185 STREET AND NE 28 COURT, WITH MUNICIPAL
ADDRESS 2785 NE 185 STREET, CITY OF AVENTURA; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property described herein is zoned RMF4, Multifamily High
Density Residential District; and
WHEREAS, the applicant, Granite Aventura LLC, through Application No. 05-
CU-18, is requesting Conditional Use approval to permit the establishment of a limited-
service hotel in combination with a multifamily residential development pursuant to
Section 31-143(f)(2a)f. 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.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Application for Conditional Use to permit the establishment of a
limited-service hotel in combination with a multifamily residential development pursuant
to Section 31-143(f)(2a)f. of the City Code on property located at 2785 NE 185 Street,
City of Aventura, legally described as Tract A of Merco at Aventura, according to the
plat thereof as recorded in Plat Book 166, Page 58 of the Public Records of Miami-
Dade County, Florida, is hereby granted exclusively to the applicant subject to the
following conditions:
1. The applicant shall obtain building permits for the proposed development within
12 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 showing of good cause by the applicant.
City of Aventura Resolution No. 2019-05
2. Plans shall substantially comply with the plan set submitted with this application,
titled "Port Aventura Mixed Use, 2785 NE 185 Street, Aventura, FL, Conditional
Use Application, Revision 3", dated November 2, 2018.
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. Renovation or reconstruction of the same use shall be
subject to the provisions of the City Code.
4. The combination multifamily residential/limited-service hotel use shall comply
with Section 31-143(f)(2a)f. of the City Code.
5. Prior to issuance of a building permit for the proposed development, the
applicant shall:
(i) Provide a recorded copy of the following documents to the City, in form
satisfactory to the City Manager and City Attorney:
a) A Restrictive Covenant and a signed copy of a Valet Parking Agreement,
in form satisfactory to the City Manager and City Attorney, to evidence
compliance with City Code Section 31-171(6)i. regulating operation and
maintenance of the parking lifts, and
b) A Restrictive Covenant to confirm that the tandem parking spaces will be
assigned only to the same unit, and
c) A Restrictive Covenant to confirm that the access door from the hotel to
the emergency exit between the hotel and residential uses shall be open
only for emergency purposes and shall be locked at all other times to
prohibit access between the hotel and residential uses, and
d) An amendment to the Restrictive Covenant in Lieu of Unity of Title
recorded in ORB 21678, page 547, to include the approved plans listed in
this approval report, and
e) An Agreement detailing the Transportation Demand Management
strategies as required by Section 31-143(f)(2a)f. of the City Code.
All costs of recordation of the documents shall be at the owner's expense.
(ii) Obtain a Public Works permit for road improvements shown in the plans
submitted with this application, and shall provide confirmation that the
applicant has fulfilled public school concurrency requirements.
(iii) Fulfill the terms of an Agreement between the City and the applicant dated
September 28, 2018 and approved through Resolution No. 2018-87.
6. Prior to issuance of a Temporary Certificate of Occupancy or Certificate of
Occupancy for the development, the applicant shall provide the following
documents to the City:
(i) Provide an as-built survey in paper and electronic format.
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City of Aventura Resolution No. 2019-05
(ii) Provide an Elevation Certificate, in form satisfactory to the City Manager,
evidencing compliance with City Code floodplain regulations.
(iii) Install a radio bi-amplification system if determined to be necessary by the
Aventura Police Department.
(iv)Complete all road improvements as shown in the approved plans and in the
Public Works permit from the City of Aventura.
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 such
approvals and conditions upon the records of the City.
Section 3. 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 4. 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 Vice Mayor Dr. Marks, and upon being put to a
vote, the vote was as follows:
Commissioner Denise Landman Yes
Commissioner Gladys Mezrahi Yes
Commissioner Marc Narotsky No
Commissioner Robert Shelley Yes
Commissioner Howard Weinberg Yes
Vice Mayor Dr. Linda Marks Yes
Mayor Enid Weisman Yes
PASSED AND ADOPTED this 8th day of January, 2019.
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City of Aventura Resolution No. 2019-05
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--ENID WEISMAN, MAYOR
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ATTEST:
ELLISA L. HORVATH, M Cr—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 ' day of Sg1/ , 2019.
CITY CLERK
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