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Resolution No. 2021-41 Granting Variances Requested by Centtral Aventura (20955 Biscayne Blvd.)- July 13, 2021 CITY OF AVENTURA RESOLUTION NO. 2021-41 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING VARIANCES, REQUESTED BY CENTTRAL AVENTURA, LLC, FROM SECTION 31-144(c)(5)d OF THE CITY CODE TO PERMIT A SIDE YARD SETBACK OF 10 FEET, WHERE THE CITY CODE REQUIRES A 20-FOOT SIDEYARD SETBACK, SECTION 31-171(d)(2) OF THE CITY CODE TO PERMIT TWO LOADING SPACES WHERE THE CITY CODE REQUIRES FOUR LOADING SPACES, AND SECTION 31-144(b)(4) TO PERMIT TWO 12-FOOT WIDE OVERHEAD GARAGE DOORS, WHERE THE CITY CODE PERMITS A MAXIMUM 8-FOOT WIDE OVERHEAD GARAGE DOOR FOR THE DEVELOPMENT OF A MIXED USE DEVELOPMENT WITH A HOTEL AS WELL AS RETAIL AND RESTAURANT USES, LOCATED AT 20955 BISCAYNE BOULEVARD; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein in Exhibit "A" is zoned B2 Business District; and WHEREAS, the applicant, Alan Rosenthal representing Centtral Aventura LLC, through Application No. VAR2106-0001 is requesting variance from Section 31- 144(c)(5)d of the City Code to permit a side-yard setback of 10 feet, where the City Code requires a 20-foot side yard setback, Section 31-171(d)(2) of the City Code to permit two loading spaces where the City Code requires four loading spaces, and Section 31- 144(b)(4) to permit two 12-foot wide overhead garage doors, where the City Code permits a maximum 8-foot wide overhead garage door; 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 Applications meet the criteria of the applicable codes and ordinances, to the extent the Applications are granted herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application for Variances from Section 31-144(c)(5)d of the City Code to permit a side-yard setback of 10 feet, where the City Code requires a 20-foot side yard setback, Section 31-171(d)(2) of the City Code to permit two loading spaces where the City Code requires four loading spaces, and Section 31-144(b)(4) to permit two 12-foot wide overhead garage doors, where the City Code permits a maximum 8-foot wide overhead garage door are hereby granted, subject to the conditions set out in this City of Aventura Resolution No. 2021-41 Resolution, on property legally described in Exhibit "A" to this Resolution and known as municipal address 20955 Biscayne Boulevard, City of Aventura. Section 2. Approval of the applications above is subject to the following conditions: 1 . Plans submitted for building permit shall substantially comply with those submitted as follows: • "Centtral Aventura", 20955 Biscayne Boulevard, Cover Sheet, prepared by Behar Font & Partners, undated. • "Centtral Aventura", General Notes, Sheet C-1 , prepared by Avino & Associates, dated 02/19/21, signed and sealed. • "Centtral Aventura", Conceptual Paving, Grading & Drainage Plan, Sheet C-2, prepared by Avino & Associates, dated 02/19/21 , signed and sealed. • "Centtral Aventura", Pavement Markings & Signage Plan, Sheet C-3, prepared by Avino & Associates, dated 09/02/20, signed and sealed. • "Centtral Aventura", Conceptual Paving, Grading & Drainage Plan Details, Sheet C- 4, prepared by Avino & Associates, dated 02/19/21 , signed and sealed. • "Centtral Aventura", Drainage Details, Sheet C-5, prepared by Avino & Associates, dated 02/19/21, signed and sealed. • "Centtral Aventura", Conceptual Storm Water Pollution Prevention Plan, Sheet C-6, prepared by Avino & Associates, dated 02/19/21 , signed and sealed. • "Centtral Aventura", Water-Sewer General Notes, Sheet WS-1 , prepared by Avino & Associates, dated 02/19/21 , signed and sealed. • "Centtral Aventura", Conceptual Water & Sewer Plan, Sheet WS-2, prepared by Avino & Associates, dated 02/19/21 , signed and sealed. • "Centtral Aventura", Water & Sewer Profiles, Sheet WS-3, prepared by Avino & Associates, dated 02/19/21 , signed and sealed. • "Centtral Aventura", Index of Sheets, Sheet A-001 , prepared by Behar Font & Partners, dated 09/22/21 , signed and sealed. • "Centtral Aventura", Zoning Information Summary, Sheet A-002, prepared by Behar Font & Partners, dated 09/22/21 , signed and sealed. • "Centtral Aventura", Location Map, Sheet A-003, prepared by Behar Font & Partners, dated 09/22/21 , signed and sealed. • "Centtral Aventura", Lot Coverage Diagrams, Sheet A-004, prepared by Behar Font & Partners, dated 02/22/21, signed and sealed. • "Centtral Aventura", Loading Truck Maneuverability Diagram, Sheet A-005, prepared by Behar Font & Partners, dated 02/22/21 , signed and sealed. Page 2 of 8 City of Aventura Resolution No. 2021-41 • "Centtral Aventura", Floor Area Ratio Diagrams, Sheet A-006, prepared by Behar Font & Partners, dated 02/22/21 , signed and sealed. • "Centtral Aventura", Valet Parking Maneuverability Path Diagram, Sheet A-007, prepared by Behar Font & Partners, dated 02/22/21 , signed and sealed. • "Centtral Aventura", Site Plan, Sheet A100, prepared by Behar Font & Partners, signed and sealed 02/22/21 . • "Centtral Aventura", Ground Floor Plan, Sheet A101 , prepared by Behar Font & Partners, signed and sealed 02/22/21 . • "Centtral Aventura", 2nd Floor Plan, Sheet A102, prepared by Behar Font & Partners, signed and sealed 02/22/21 . • "Centtral Aventura", 3rd Floor Plan — Parking Level 1 , Sheet A103, prepared by Behar Font & Partners, signed and sealed 02/22/21 . • "Centtral Aventura", 4th Floor Plan — Parking Level 2, Sheet A104, prepared by Behar Font & Partners, signed and sealed 02/22/21 . • "Centtral Aventura", 5th Floor Plan — Parking Level 3, Sheet A105, prepared by Behar Font & Partners, signed and sealed 02/22/21 . • "Centtral Aventura", 6th Floor Plan — Sky Lobby Level, Sheet A106, prepared by Behar Font & Partners, signed and sealed 02/22.21 . • "Centtral Aventura", 7th — 8th Floor Plan, Sheet A107, prepared by Behar Font & Partners, signed and sealed 02/21/22s. • "Centtral Aventura", 9th Floor Plan, Sheet A108, prepared by Behar Font & Partners, signed and sealed 02/21/22. • "Centtral Aventura", 10th — 11th Floor Plan, Sheet A108, prepared by Behar Font & Partners, signed and sealed 02/21/22. • "Centtral Aventura", Roof Access Floor Plan, Sheet A110, prepared by Behar Font & Partners, signed and sealed 02/21/22. • "Centtral Aventura", Roof Plan, Sheet A111 , prepared by Behar Font & Partners, signed and sealed 02/22/21 . • "Centtral Aventura", West Elevation, Sheet A201 , prepared by Behar Font & Partners, signed and sealed 02/22/21 . • "Centtral Aventura", North Elevation, Sheet A202, prepared by Behar Font & Partners, signed and sealed 02/22/21 . • "Centtral Aventura", South Elevation, Sheet A203, prepared by Behar Font & Partners, signed and sealed 02/22/21 . • "Centtral Aventura", East Elevation, Sheet A204, prepared by Behar Font & Partners, signed and sealed 02/22/21 . • "Centtral Aventura", Longitudinal Section, Sheet A301 , prepared by Behar Font & Partners, dated 09/02/20, signed and sealed 02/22/21. Page 3 of 8 City of Aventura Resolution No. 2021-41 • "Centtral Aventura", Transversal Section, Sheet A302, prepared by Behar Font & Partners, dated 09/02/20, signed and sealed 02/22/21. • "Centtral Aventura", Details, Sheet A501 , prepared by Behar Font & Partners, dated 09/02/20, signed and sealed 02/22/21 . • "Centtral Aventura", 3D View from Biscayne Boulevard and 2091h Street, Sheet A- 901 , prepared by Behar Font & Partners, dated 09/02/20, signed and sealed 02/22/21. • "Centtral Aventura", 3D View from Biscayne Boulevard and 2101h Street, Sheet A- 902, prepared by Behar Font & Partners, dated 09/02/20, signed and sealed 02/22/21. • "Centtral Aventura", 3D View of the Pool Deck at the 6th FI Sky Lobby and 3D View of a King One Bedroom Lodging Unit, Sheet A-903, prepared by Behar Font & Partners, dated 09/02/20, signed and sealed 02/22/21 • "Centtral Aventura", 3D View of the Drop of Area and 3D View of the Retail Central Atrium, Sheet A-904, prepared by Behar Font & Partners, dated 09/02/20, signed and sealed 02/22/21 . . • "Centtral Aventura", Ground Floor Landscape Plan, Sheet L-1 , prepared by Witkin Hults Design Group, signed and sealed 02/19/21 . • "Centtral Aventura", 6th Level Landscape Plan, Sheet L-2, prepared by Witkin Hults Design Group, signed and sealed 02/19/21. • "Centtral Aventura", Landscape Details, Sheet L-3, prepared by Witkin Hults Design Group, signed and sealed 02/19/21 . • "Centtral Aventura", Tree Disposition Plan, Sheet TD-1 , prepared by Witkin Hults Design Group, signed and sealed 02/19/21. • "Centtral Aventura", Tree Disposition Plan Notes, Sheet TD-2, prepared by Witkin Hults Design Group, signed and sealed 02/19/21 . • "Centtral Aventura", Electrical/Lighting Drawings, Sheets E101 to E201 , prepared by RPJ.Inc., signed and sealed 02/19/21 . *The above plans were reviewed under Administrative Site Plan Approval regulations, the proposed B2 zoning district regulations and all other applicable regulations as provided within the City of Aventura Land Development Regulations. 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, upon written request for such extension by the applicant within the initial 12-month approval period, grant one extension of up to six months by resolution or motion at a regular meeting, for good cause shown by the applicant; and Page 4 of 8 City of Aventura Resolution No. 2021-41 3. 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 Program in Chapter 14, Article VI. of the City Code; 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. 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 Vice Mayor Dr. Marks, who moved its adoption. The motion was seconded by Commissioner Landman, and upon being put to a vote, the vote was as follows: Commissioner Jonathan Evans Yes Commissioner Rachel S. Friedland No Commissioner Denise Landman Yes Commissioner Marc Narotsky No Commissioner Robert Shelley Yes Vice Mayor Dr. Linda Marks Yes Mayor Enid Weisman Yes Page 5 of 8 City of Aventura Resolution No. 2021-41 PASSED AND ADOPTED this 13 day of July, 2021. ENID WEISMAN, MAYOR • " ATTEST. ELLISA L. HORVA , MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: I A �� t4"—f� — ITY ATTORNEY This Resolution was filed in the Office of the City Clerk this 14t" day of July, 2021. CITY CLERK Page 6 of 8 City of Aventura Resolution No. 2021-41 EXHIBIT "A" LEGAL DESCRIPTION OF LAND PARCEL I: Lots 17, 18, 19, 20, 21, 22, 23, 24, 25 and 26, of Block 2, of HALLANDALE PARK NO. 11; CORRECTED PLAT according to the Plat thereof, as recorded in Plat Book 27, at Page 39,of the Public Records of Miami-Dade County: Florida. PARCEL 2: All that part of the 25-foot-wide strip of land formerly known as HARVARD AVENUE (presently designated as N.E. 29th Avenue) as shown on Plat entitled HALLANDALE PARK NO. 11, CORRECTED PLAT, according to the Plat thereof, recorded in Plat Book 27 at Page 39 of the Public Records of Miami-Dade County, Florida, bounded to the North by the Westerly extension of the North boundary of Block 2 and bounded to the South by the Westerly Extension of the South boundary of Block 2 of said HALLANDALE PARK NO. 11, CORRECTED PLAT. ALSO The external area formed by a 25 foot radius curve concave to the Northeast tangent to the South with the South boundary of Lot 22 in Block 2 of said HALLANDALE PARK NO. 11, CORRECTED PLAT, and tangent to the West with the West boundary of Lot22, in Block 2 of said HALLANDALE PARK NO. 11, CORRECTED PLAT. ALSO The external area formed by a 25 foot radius curve concave to the Southeast tangent to the North with the North boundary of Lot 21 in Block 2 of said HALLANDALE PARK NO. 11, CORRECTED PLAT, and tangent to the West with the West boundary of Lot 21 in Block 2 of said HALLANDALE PARK NO. 11 , CORRECTED PLAT. PARCEL 3: All that part of the East 1/2 of Lot 2 in Block 6, lying East of Federal Highway, MAP OF TOWN OF HALLANDALE, according to the Plat thereof, as recorded in Plat Book"B", Page 13 of the Public Records of Miami-Dade County, Florida. LESS AND EXCEPT therefrom that Right-of-Way granted to Dade County in Deed dated August 23, 1978 filed October 30, 1978 in Official Records Book 10199 Page 1672, and re- recorded March 26, 1979 in Official Records Book 10341, Page 2211, described as follows: A Tract of land being a portion of that part of the East one-half (EI/2) of Lot 2, Block 6, lying Easterly of FEDERAL HIGHWAY, MAP OF TOWN OF HALLANDALE in Section 34, Township 51, South, Range 42 East, Dade County, Florida, according to the Plat thereof recorded in Plat Book "B" at Page 13 of the Public Records of Dade County, Florida, said Tract of Land being more particularly described as follows: Commence at the Northwest Comer of the South one-half(S 1/2)of the Northeast one quarter (NE 1/4) of the Southeast (SE 1/4) of the Northwest one-quarter (NW 1/4) of Section 34, Township 51 South, Range 42 East, Dade County, Florida, said point being also a westerly comer of Tract "A", DONN ACRES, according to the Plat thereof recorded in Plat Book 76 at Page 7 of 8 City of Aventura Resolution No. 2021-41 Page 30, of the Public Records of Dade County, Florida; thence run South 010 03 '38" East along the West boundary of the Northeast one-quarter (NE 1/4) of the Southeast one-quarter (SE 1/4) of the Northwest one quarter (NW 1/4) of said Section 34, being also along the East boundary of said Lot 2, Block 6, MAP OF TOWN OF HALLANDALE e distance of 50.71 feet to the Point of Beginning of the tract of land hereinafter to be described; thence continue on the last described course, being along the last described line, a distance of 55.34 feet to the point of intersection with the Westerly projection of the North boundary of Block 2, HALLANDALE PARK NO. 11, CORRECTED PLAT, according to the Plat thereof recorded in Plat Book 27, at Page 39, of the Public Records of Dade County, Florida; thence run North 65041'00"West along a line that is perpendicular to the Southeasterly Right of Way boundary of FEDERAL HIGHWAY (also known as U.S. No. I; also known as STATE ROAD NO. 5) as shown on Right of Way Map as recorded in Plat Book 34, at Page 54A, of the Public Records of Dade County, Florida, a distance of 43.42 feet to the point of curvature of a curve concave to the Southeast and having for its elements a radius of 25.00 feet and a central angle of 90000'00"; thence run Northwest-wardly, Westwardly and Southwestwardly along the arc of said curve a distance of39.27 feet to the point of tangency; said point being on the Southeasterly Right of Way boundary of said FEDERAL HIGHWAY; thence run North 24019'00" East along said Southeasterly Right of Way boundary of FEDERAL HIGHWAY a distance of 100.00 feet to the point of curvature of a curve concave to the Northeast and having a radius of 25.00 feet, said point of curvature bearing North 65"41'00" West from the center of said curve; thence run Southwestward ly, Southwardly and Southeastwardly along the arc of said curve, through a central angle of 90000'00", a distance of39.27 feet to the point of Tangency; thence run South 65"41 '00" East a distance of 19.70 feet to the Point of Beginning. AND LESS AND EXCEPT therefrom that Right-of-Way granted to Dade County in Deed dated August 23, 1978 recorded October 30, 1978 in Official Records Book 10199, page 1674, all of the Public Records of Dade County, Florida, described as follows: The South 25.00 feet of that part of Lot 2, Block 6, MAP OF THE TOWN OF HALLANDALE according to the Plat thereof recorded in Plat Book B, at Page 13 of the Public Records of Dade County, Florida, lying Easterly of the Southeasterly Right of Way boundary of FEDERAL HJGHWA Y (also known as U.S. No. 1; also known as STATE ROAD No. 5) as shown on Right of Way Map as recorded in Plat Book 34, at Page 54A, of the Public Records of Dade County, Florida. ALSO The External area formed by a 25 foot radius curve concave to the Northeast, tangent to the South with a line that is parallel to and 25.00 feet Northerly of, as measured at right angles to, the South boundary of said Lot 2, Block 6, MAP OF THE TOWN OF HALLANDALE, and tangent to the Northwest with the Southeasterly Right of Way Boundary of said FEDERAL HIGHWAY. ALL OF THE FOREGOING PARCEL 3 lying, situate and being in the Northwest one-quarter(NW 3/4) of the Southeast one-quarter (SE 1/4) of the Northwest one-quarter (NW 1/4) of Section 34, Township 51South, Range 42 East, Miami-Dade County, Florida. Page 8 of 8