Resolution No. 2022-26 Conditional Use Approval 2750 NE 199 Street (Two Turnberry) - March 1, 2022 CITY OF AVENTURA RESOLUTION NO. 2022-26
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL
PURSUANT TO SECTION 31-144(C)(2) OF THE CITY'S LAND
DEVELOPMENT REGULATIONS (LDRS) TO PERMIT A HEIGHT OF 200
FEET AND 14 STORIES, WHERE THE LDRS PERMIT A MAXIMUM
HEIGHT OF 120 FEET AND 12 STORIES, AND GRANTING
CONDITIONAL USE APPROVAL PURSUANT TO SECTION 31-
144(C)(2)M OF THE LDRS TO PERMIT A FLOOR AREA RATIO OF 2.00,
WHERE THE LDRS PERMIT A MAXIMUM FLOOR AREA RATIO OF 1.83,
FOR THE DEVELOPMENT OF AN OFFICE AND RETAIL BUILDING TO
BE CONSTRUCTED PURSUANT TO THE CITY'S GREEN BUILDING
PROGRAM, LOCATED AT 2750 NE 199 STREET, IN THE CITY OF
AVENTURA; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property described herein is zoned B2, Community Business
District; and
WHEREAS, the applicant, Bercow, Radell, Fernandez, Larkin & Tapanes on
behalf of Mall Parcels A & C / SR-1 Trust, LLC, through Application No. CUP2108-0001 ,
is requesting Conditional Use Approval pursuant to Section 31-144(C)(2) of the City's
Land Development Regulations (LDRS) to permit a height of 200 feet and 14 stories,
where the LDRS permit a maximum height of 120 feet and 12 stories, and Granting
Conditional Use Approval pursuant to Section 31-144(C)(2)M of the LDRS to permit a
floor area ratio of 2.00, where the LDRS permit a maximum floor area ratio of 1 .83, for
the development of an office and retail building to be constructed pursuant to 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, 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. Application for Conditional Use Approval pursuant to Section 31-
144(C)(2) of the City's Land Development Regulations (LDRS) to permit a height of 200
feet and 14 stories, where the LDRS permit a maximum height of 120 feet and 12 stories,
City of Aventura Resolution No. 2022-26
and Conditional Use Approval pursuant to Section 31-144(C)(2)M of the LDRS to permit
a floor area ratio of 2.00, where the LDRS permit a maximum floor area ratio of 1 .83, on
property legally described in Exhibit "A," is hereby granted exclusively to the Applicant,
subject to the following conditions:
1 . Drawings as provided to the Community Development Department on January 5,
2022 unless otherwise subsequently amended by ASPA (Administrative Site Plan
Approval). The plans will be reviewed under ASPA regulations, the B2 zoning
district regulations and all other applicable regulations as provided within the City
of Aventura Land Development Regulations.
2. A building permit for the project shall be obtained within twelve (12) months of the
date of the Resolution or the approvals granted shall be deemed null and void
unless extended by a motion of the City Commission. The City Commission may,
at a regular or special meeting, grant up to a six-month extension request for good
cause shown by the applicant.
3. Contribution toward the expansion of the City's on-demand transit 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.
4. The applicant shall design, permit, and construct lighting improvements within the
main portion of the bus depot in the ground floor of the Nordstrom parking garage,
including the introduction of visual graphics, which may include mall and mall
tenant advertising.
5. The applicant shall design, permit, and construct a pedestrian ramp and crosswalk
as follows: the ramp will connect the sidewalk on the north side of Madison Road,
at a point approximately 25 feet east of the south facing vehicular entrance to the
Nordstrom Garage (at the corner of Abigail Rd. and Madison Rd.) to a new
crosswalk across Madison Road, leading directly to the existing sidewalk in front
of Nordstrom's. (It is evident that this path has been carved out of the landscaping
by pedestrians making this crossing)
6. The Applicant shall, in coordination with City Staff, identify any improvements
needed to create uninterrupted ADA compliant pedestrian paths from Two
Turnberry to properties within the circle formed by Abigail Rd. Applicant shall
City of Aventura Resolution No. 2022-26
design, permit and construct any pedestrian improvements needed to complete
such a path to adjacent properties.
Section 2. 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 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 Commissioner Landman, and upon being put to
a vote, the vote was as follows:
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
PASSED AND ADOPTED this 1st day of March, 2022.
City of Aventura Resolution No. 2022-26
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
r l
CITY ATTORNEY_..
This Resolution was filed in the Office of the City Clerk this 2nd day of March, 2022.
CITY CLERK
City of Aventura Resolution No. 2022-26
EXHIBIT "A"
LEGAL DESCRIPTION OF LAND
A PORTION OF TRACT"Q" OF"AVENTURA SIXTH AiODITON"AS RECORDED IN PLAT BOOK
120. AT PAGE 20, OF THEPUBLIG RECOR❑S OF MIAMI-DADS COUNTY, FLORIDA,
❑ESCRIBED AS FOLLOWS:
COMMENCE AT THE N_VV. CORNER OF SECTION 3, TOWNSHIP 52 SOUTH_ FLANGE 42 EAST,
MIAMI-DADE COUNTY, FLORIDA; THENCE N87'27'29"EALONG THE NORTH LINE OF SAID
SECTION 3 FOR 875.83 FEET TO A POINT ON THE CENTERLINE OF AVENTURA BOULEVARD
AS SHOWN ON SAID PLAT;THENCE S02`32'31"E FOR 73.00 FEET 70 A POINT ON THE NORTH
LINE OF SAID TRACT"Q"AND THE POINT CIF BEGINNING OF THE TRACT OF LAND
HEREINAFTER DESCRIBED;THENCE S87'27'29"W FOR 12.60 FEET TO A POINT OF CURVE;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A
RADIUS OF 50.00 FEET AND A CENTRAL.ANGLE OF 28°16'31" FOR AN ARC171STANCE OF 24.67
FEET; THENCE S02'07'55"E FOR 227.38 FEET; THENCE S 0 I'l 8'06"W FOR 150.27 FEET;
THENCE S02'07'S5"E FOR 50.00 FEET; THENCE S14'48'44"E FOR 41.00 FEET{THE LAST SIX(6)
COURSES BEING ALIDIUO THE BOUN❑ARY OF SAID TRACT"Q"): THENCE N87'52'05"E FOR
148.00 FEET; THENCE M42452'05"E FOR 56.57 FEET;THENCE N02307'55NV FOR 31.63 FEET TO
A POINT OF CURVE,THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE
RIGHT HAVING A RADIUS OF 325.00 FEET AN❑A CENTRAL ANGLE OF 72'2848.8" FOR AN
ARC DISTANCE OF 411.13 FEET TO A POINT OF TANGENCY; THENCE N70'2053.8"E FOR
122.00 FEET; THENCE N25'20'53.8"E FOR 58.66 FEET; THENCE N25'53'40"W FOR 94.96 FEET
TO A POINT ON THE NORTH LINE OF SAL❑TRACT"Q", SAID POINT ALSO BEING ON THE ARC
OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST AND BEARS S21°19'21"E FROM THE
CENTER OF SAID CURVE; THENCE SOUTHWESTERLY ALONG THE ARC❑F SAID CURIE TD
THE RIGHT AND ALONG THE NORTHERLY LINE OF SAID TRACT"Q", HAVING A RADIUS OF
1505.40 FEET AND A CENTRAL ANGLE OF 18'46'50"FOR AN ARC ❑ISTANCE OF 493.44 FEET
TO THE POINT OF BEGINNING.
LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL 100, AS PER F_D.O_T. RNV MAP FOR
SECTION 87030-2598 (SHEET 3 OF 5, DATED: 8-14-97); COMMENCE AT THE N.W. CORNER CF
SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, MIAMI-DADE COUNTY, FLORIDA; THENCE
N87427'29"E ALQNO THE NORTH LINE OF SAID SECTION 3 FOR 875.83FEET TO A POINT ON
THE CENTERLINE OF AVENTURA BOULEVARD AS SHOWN ON SAID PLAT; THENCE
S02`32'31"E FOR 73,00 FEET TO POINT ON THE NORTH LINE OF SAID TRACT "Q";THENCE
$87"27'29" FOR 9.66 FEET(9.46' F.D,O.T. R/W MAP) TO THE POINT OF BEGINNING OF THE
HEREINAFTER ❑ESCRIBED PARCEL"100"; THENCE S87'27'29"W FOR 2.94 FEET(2.88 F.❑.C.T.
R/W MAP)TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID
CURVE TO THE LEFT HAYING A RADIUS OF 50.00 FEET AN❑A CENTRAL ANGLE OF 28'16,31"
FOR ANARC DISTANCE OF 24.67 FEET; THENCE S02"07'a5"E FOR 22 7.3 8 FEET; THENCE
SO1'18'06NV FOR 150.27 FEET; THENCE S02°07''S5"E FOR 50.00 FEET;THENCE S14°h8'44"E
FOR 41.00 FEET; THENCE N87'52'OS"E FOR 1.50 FEET; THENCE NO2'07'S5"VV FOR 72.38 FEET;
THENCE N11'21'50"E FOR 51.42 FEET; THENCE NO2'07'55"VV FOR 66.90 FEET;THENCE
NO1'07'46"W FOR 272.49 FEET; THENCE N38'05'25"E FOR 12.86 FEET(12.97' F'.a_O_T RI W RM
MAP)TO THE POINT OF BEGINNING.