Resolution No. 2022-09 Conditional Use Approval for Aventura Corporate Center Mixed Use Project (20801-20807 Biscayne Blvd.) - January 4, 2022 CITY OF AVENTURA RESOLUTION NO. 2022-09
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL,
PURSUANT TO SECTION 31-145(E) OF THE CITY CODE OF
ORDINANCES, (1) TO PERMIT A HEIGHT OF 21 STORIES FOR A
MULTIFAMILY RESIDENTIAL BUILDING AND 15 STORIES FOR AN
OFFICE BUILDING, WHERE THE CITY CODE PERMITS 10 STORIES,
AND TO PERMIT 5 STORIES FOR A RESIDENTIAL BUILDING IN A
BUFFER ZONE, WHERE THE CITY CODE PERMITS 4 STORIES; (2)
FOR PROPOSED LIVE/WORK UNITS, WHERE THE CITY CODE
OTHERWISE ALLOWS UNITS TO BE EITHER COMMERCIAL OR
RESIDENTIAL, BUT NOT BOTH; AND (3) TO PERMIT 1,735 PARKING
SPACES, WHERE 1,891 SPACES IS REQUIRED BY THE CITY CODE
FOR THE PROPERTY LOCATED AT 20801 — 20807 BISCAYNE BLVD.;
PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, pursuant to Chapter 31, "Land Development Regulations," Article VII,
Use Regulation, Section 31-145(e) "Town Center Office Park Mixed Use (TC4) District"
of the City Code of Ordinances, the applicant, Bercow, Radell, Fernandez & Tapanes on
behalf of Aventura Opportunity Owner LLC and Norwich Aventura, has applied to the City
of Aventura (the "City") for Conditional Use Approval (Application No. CUP2111-0001)
related to the development of a mixed use project (the "development") located at 20801-
20807 Biscayne Boulevard, in the TC4 District, as legally described in Exhibit "A" (the
"Property"); and
WHEREAS, pursuant to City Code Section 31-145(e)(4)b, the applicant has
requested Conditional Use Approval to permit a height of 21 stories for a multifamily
residential building and 15 stories for an office building, where the City Code permits 10
stories for both a multifamily residential building and office building, and 5 stories for a
residential building in a buffer zone, where the City code permits four stories for a
residential building in a buffer zone; and
WHEREAS, pursuant to City Code Section 31-145(e)(4)i, the applicant has
requested Conditional Use Approval to permit live/work units, where the City Code
otherwise allows units to be either commercial or residential, but not both; and
WHEREAS, pursuant to City Code Section 31-145(e)(4)n, the applicant has
requested Conditional Use Approval to permit 1 ,735 parking spaces (in accordance with
a shared parking allowance based upon the mix of uses proposed for the property), where
the City Code requires 1 ,891 spaces; and
WHEREAS, following proper notice, the City Commission has held a public
hearing as provided by law; and
City of Aventura Resolution No. 2022-09
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, and
it is in the best interest of the City to grant the request for Conditional Use Approval.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The foregoing "WHEREAS" clauses are ratified and confirmed as
being true and correct and are made a specific part of this Resolution.
Section 2. The application for Conditional Use (1)to permit a height of 21 stories
for a multifamily residential building and 15 stories for an office building, where 10 stories
is permitted by the City Code, and to permit 5 stories for a residential building in a buffer
zone, where the City Code permits 4 stories; (2) for proposed live/work units, where the
City Code otherwise allows units to be either commercial or residential, but not both; and
(3) to permit 1 ,735 parking spaces (in accordance with a shared parking allowance based
upon the mix of uses proposed for the property), where the City Code requires 1 ,891
spaces for the Property is hereby granted, subject to the conditions set out in Section 3
of this Resolution.
Section 3. Approval of the application above is subject to the following
conditions:
1 . Drawings as submitted October 10, 2021 and listed in Exhibit B, unless
otherwise subsequently amended by Administrative Site Plan Approval
(ASPA). The referenced plans were reviewed under Administrative Site Plan
Approval regulations, the proposed TC4 zoning district regulations, and all other
applicable regulations as provided within the City of Aventura Land
Development Regulations.
2. Mitigation will be required of an intersection or roadway that does not meet the
City's adopted level of service standard due to traffic impacts from the proposed
development, as determined from the full traffic study, following the
methodology that has been reviewed and approved by the City and its traffic
engineer. Intersection or roadway mitigation is subject to the approval of the
City Manager and the appropriate maintaining agency.
3. Modify the northbound approach to the intersection of NE 2071h Street and
NE 30th Avenue to an exclusive left-turn lane and a shared through and right-
turn lane, eliminate the current split phase for north and south movements;
allocate more green time for east and west movements, and include a protected
westbound to southbound left turn phase. Subject to the approval of the City
Manager and Miami-Dade County. To the maximum extent
Page 2 of 6
City of Aventura Resolution No. 2022-09
practicable, Applicant shall undertake due diligence, good faith efforts to obtain
approval for and initiate construction of changes to this intersection prior to or
concurrently with the initiation of the first on-site construction.
4. Contribution toward the expansion of the City's Freebee circulator service (or
similar City sponsored transportation service) in the amount of$72,000 per year
for five (5) years with the first payment due before the issuance of the first permit
for the project or by September 30, 2022, whichever is earlier, with each of the
following annual payments due on the anniversary date of the first payment.
5. Applicant shall provide a construction phasing plan prior to receiving
administrative site plan approval and shall provide updates to such phasing
plan prior to or concurrently with the submittal of any permit applications that
would alter the phasing plan.
Section 4. The City Manager is authorized to issue permits in accordance with
the approvals and conditions herein provided and to indicate such approvals and
conditions upon the records of the City.
Section 5. 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 6. 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 Narotsky, and upon being put to
a vote, the vote was as follows:
Commissioner Johnathan Evans Absent
Commissioner Denise Landman Yes
Commissioner Dr. Linda Marks Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Vice Mayor Rachel S. Friedland Yes
Mayor Enid Weisman Yes
Page 3 of 6
City of Aventura Resolution No. 2022-09
PASSED AND ADOPTED this 4th day of January, 2022.
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVA , MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this 7t" day of January, 2022.
CITY CLERK
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City of Aventura Resolution No. 2022-09
EXHIBIT "A"
LEGAL DESCRIPTION OF LAND
UMAL DE RJPTION:
PARCEL ONE.
A PORTION OF TRACT 'A', OF 'AVENTURA CORPORATE CENTER", A:�__ 'DING TD THE PLAT
THEREOF, AS RECORDED IN PLAT BOOT{ 15$ AT PACE 47. OF THE PUBUC RECORDS OF
MIAMI-OADE COUNTY, FLORIDA. BEING MORE PARTICOLARLY DESCRIBED AS FOLL614S:
BEGIN AT THE MOST NORTH, NORTHWEST CORNER OF SMO TRACT 'A'; THEN Z N8910'39'E:
ALONG THE NORTH LINE OF SAID TRACT 'A', FDR 556_00 FEET; THENCE SII'1B'21'W FOR
335.30 FEET; THENCE SOD'43'51'E FOR 2415.15 FEET TO A POINT ON THE SCUTHERLY UNE
OF SAID TRACT 'a'; THENCE N78'02'44"w, ALONG THE SOUTHERLY UNE OF SAID TRACT •A",
FOR 852.55 FEET; THENCE 1%126-31'25`w, ALONG THE SOUTHWESTERLY LINE OF SAID TRACT
"A", FOR 35.00 FEET; THENCE N22"43'1B"E, ALONG THE WESTERLY UNE OF SAID TRACT 'A",
SAID LINE ALSO BEING THE EASTERLY RIGHT-OF-WAY LINE OF BISCAYNE BDULEVARD (STATE
ROAD U.S. N4. 1). FOR 363.12 FEET; THENCE N55'26'5B'E, ALONG THE NORTHWESTERLY UNE
OF SAID TRACT 'A", FOR 27.03 FEET TO THE POINT OF BEGINNING.
PARCEL TWO:
TRACT "A", OF AVENTURA CORPORATE CENTER, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BCC OK 158: AT PAGE 47. OF THE POBUG RECORDS OF MIAMl-DADE
COUNTY, FLORIDA
LESS THE FOLLOYONG DESCRIEED PARCEL OF LAND:
BEGIN AT THE MOST NORTH, NORTHWEST CORNER 4F SAID TRACT 'A'; THENCE N8B'14'38'F_
.ALONG THE NORTH LINE OF SAID TRACT ".A". FOR 556.00 FEET. THENCE 51119'31"w FOR
335.30 FEET: THENCE 500-4.3'S1'E FOR 205.15 FEET TO A POINT ON THE SOUTHERLY UNE
OF SAID TRACT 'A", THENCE N78'02'44"W, ALONG THE SOUTHERLY UNE OF SAID TRACT 'A",
FOR 652.55 FEET; THENCE N28931'25'w, ALONG THE SOUTHWESTERLY LINE OF SAID TRACT
'A", FOR 35.00 FEET; THENCE N?2'43'19"E. .ALONG THE WESTERLY LINE OF SAID TRACT 'A'`
SAID LINE ALSO BEING THE EASTERLY RIGHT-OF-WAY LINE OF BISCAYNE BOULEVARD (STATE
ROAD U.S. NO. 1). FOR 363.12 FEET_ THENCE N55-26'59'E, :ALONG THE NCRTHwESTERLY LINE
OF SAID TRACT 'A", FOR 27.03 FEET TO THE POINT OF BEGINNING.
AND LESS THAT PORTION CONV= T4 NDRWNCH AVENTURA II LLC, A DELAWARE LIMITED
LIAGIUTY COMPANY, 9Y SPECIAL WARRANTY DEED. RECORDED DECEMBER 1& 2014. IN
OFFICIAL RECORDS BOOK 29434, AT PAGE 3641, OF THE PUBLIC RECORDS OF MIAMI- OADE
COUNTY, FLORII)k MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE MOST NORTH, NORTHWEST CORNER OF SAID TRACT 'A"; THENCE H8B 14'3S'E
ALONC THE NORTH LINE OF SAID TRACT 'A", FOR 550.00 FEET. THENCE 511'19'21'w FOR
335.30 FEET; THENCE SW'43'51"E FOR 1.0.03 FEET TO THE POINT OF BEGINNING OF THE
HEREINAFTER DE5CRIIDED PARCEL OF LANO; THENCE CONTINUE SW43'51'E FOR 187.14 FEET
TO A POINT OF THE SOUTHERLY UNE OF SAID TRACT"A'; THE FOLLOWING EIGHT (8) CDURSES
BEING ALONG THE SOUTHERLY AND EASTERLY BOUNDARY 4F SAID TRACT 'A"; (1) THENCE
S78LCQ'44'E FOR 73:OS FEET T4 A POINT OF CURVATURE. (2) THENCE SOUTHEASTERLY
ALONG A 1438.00 FOOT RADIUS CURSE LEADING TO THE LEFT THROUGH A CENTRAL ,MULE
OF 14-11'01' FOR AN ARG DISTAmCE OF 103.00 FEET, (3) THENCE H07-C4'25'E FOR 4I}.06
FEET; (4) THENCE 502-55'35'E FOR 35.1313 FEET; (5) THENCE 507904'25'W FOR 45.00 FEET
TO A PUNT ON A CIRCULAR CURLS WHOSE RADIUS POINT BEARS N09'22'35'E; (6) THENCE
SOUTHEASTERLY ALONG A 14M.00 FOOT RADIUS CURVE LEADING TO THE LEFT. THROUGH A
CENTRAL ANGLE OF 04-33'O5` FOR AN ARC DISTANCE OF 114.23 FEET TO A POINT OF
COMPOUND CURVATURE; (7) THENCE EASTERLY AND NORTHERL'f ALONG A 25.00 FWT
RADIUS CURVE LEADING TO THE LEFT, THROUGH A CENTRAL ANGLE OF 94-45'C2' FOR AN
ARC DISTANCE OF 41.34 FEET TO A POINT OF TANGENCY; (9) THEHtiE ND2'35'3Y'14 FOR
254.30 FEET; THENCE S87'0-'3CW FOR 1JS:61 FEET, THENCE SJ7'12'35`w FOR 30,80 FEET:
THENCE 987L04r34"W FOR 86:00 FEET, THENCE S18-40'06'w FOR 7.39 FEET; THENCE
S87-04'34'W FOR 93.63 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH THE NON-EXr-LUS14E EASEMENTS AS SET FORTH ,AND FJRTHER DESCRIBED IN
SECTION NO OF THAT CERTAIN PARKING AGREEMENT, RECORDED DE"EuFER 1$_ 2014, IN
OFFICIAL RECORDS BOOK 29434. AT PAGE 3651. AND SECTION 3 OF THAT c;ERTAIN AmEN4ED
AND RESTATED EASEMENT AND OPERATING AGREEMENT, RECORDED DECEMBER 19, 2014. IN
OFFICIAL RECORDS BODK 24434, AT PAGE 3695, DF THE PUBLIC RECORDS DF MIANI-DACE
COUNTY, FLDRIDA_
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City of Aventura Resolution No. 2022-09
EXHIBIT "B"
PLAN SET REFERENCE
Aventura Corporate Center
Site Plan submittal received October 10, 2021
INDEX LIST
A-000 Cover
A-001 Data Sheet
A-002 Setback Diagram
C-001 Context Photos
1 Survey
Survey
1&2 Tree Survey
C-1.0 Civil Site Plan
C- .0 Utility Plan
C-3.0 Grading and Drainage Plan
LP01 Ground Floor Planting Plan
LP02 Office-Amenity Deck Level 05
LP03 Pawl Deck Level 07
LP04 Pool Deck Level 18
LP05 Building 1B-Courty3rd Level 4
LP06 Building 1B Roof Terrace
LP07 Image Board
A-101 Site Plan Ground Floor
A-102 Site Plan 2nd Floor
A-103 Site Plan 3rd Floor
A-104 Site Plan 7th Floor
A-105 Site Plan 8th Floor
A-106 Site Plan 18th Floor
A-107 Site Plan 21st Floor
A-108 Site Roof Plan
A-201 Building 1A Elevations
A-202 Building 1A Elevations
A-203 Building 1B Elevations
A-204 Building 2 Elevations
A-205 Building 2 Elevations
A-301 Sections
A-401 Renderings
A-402 Renderings
A-403 Renderings
A-404 Renderings
rial B A-501 Mateaard
A-502 Material Board
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