Resolution No. 2022-60 Conditional Use Approval for 2785 NE 183 Street (TAL Aventura) - October 3, 2022 CITY OF AVENTURA RESOLUTION NO. 2022-60
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL,
PURSUANT TO SECTION 31-143(F) OF THE CITY CODE OF
ORDINANCES, TO ALLOW: (1) A HEIGHT OF 26 STORIES AND 295
FEET FOR A MULTIFAMILY RESIDENTIAL BUILDING, WHERE THE
CITY CODE PERMITS 25 STORIES AND 250 FEET; (2) A BUILDING IN
THE RMF4 DISTRICT TO CAST A SHADOW UPON A PROPERTY
LOCATED WITHIN A BUSINESS ZONING DISTRICT; (3) A DENSITY OF
56 UNITS PER ACRE, WHERE THE CITY CODE PERMITS 45 UNITS
PER ACRE; AND (4) A CERTIFIED GREEN BUILDING WITH A FLOOR
AREA RATIO OF 4.3, WHERE THE CITY CODE PERMITS A FLOOR
AREA RATIO OF 2.0, ALL FOR THE PROPERTY LOCATED AT 2785 NE
183 STREET; PROVIDING FOR CONDITIONS OF APPROVAL; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Chapter 31, "Land Development Regulations," Article VII,
Use Regulations, Section 31-143(f) "Multifamily High Density Residential Districts
(RMF4)" of the City Code of Ordinances, the applicant, Brian S. Adler on behalf of
GOT183 LLC, has applied to the City of Aventura (the "City")for Conditional Use Approval
(Application No. CUP2207-0001) related to the development of a multi-family residential
project (the "development") located at 2785 NE 183 Street, in the RMF4 District, as legally
described in Exhibit "A" (the "Property"); and
WHEREAS, pursuant to City Code Section 31-143(f)(2a)b, the applicant has
requested Conditional Use Approval to permit a height of 26 stories and 295 feet for a
multifamily residential building where 25 stories and 250 feet is allowed by right; and
WHEREAS, pursuant to City Code Section 31-143(f)(2a)c, the applicant has
requested Conditional Use Approval for a building of 295 feet to cast a shadow upon a
property located within a business zoning district where City Code limits a building located
within a residential zoning district casting a shadow on an adjacent property to 100 feet
in height; and
WHEREAS, pursuant to City Code Section 31-143(f)(2a)d, the applicant has
requested Conditional Use Approval to allow a density of 56 units per acre, where city
code permits 45 units per acre; and
WHEREAS, pursuant to City Code Section 31-143(f)(2a)e, the applicant has
requested Conditional Use Approval to allow a Certified Green Building with a floor area
ratio of 4.3, where the City Code permits a floor area ratio of 2.0; and
WHEREAS, following proper notice, the City Commission has held a public
hearing as provided by law; and
City of Aventura Resolution No. 2022-60
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 to allow: (1) a height of 26 stories
and 295 feet for a multifamily residential building, where the City Code permits 25 stories
and 250 feet; (2) a building in the RMF4 District to cast a shadow upon a property located
within a business zoning district; (3) a density of 56 units per acre, where the City Code
permits 45 units per acre; and (4) a certified green building with a floor area ratio of 4.3,
where the City Code permits a floor area ratio of 2.0 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 . Building Permits must be consistent with drawings as submitted on September
20, 2022 and listed in Exhibit B, unless otherwise subsequently amended by an
administrative site plan approval. The referenced plans were reviewed under
Administrative Site Plan Approval regulations, the proposed RMF4 zoning
district regulations, and all other applicable regulations as provided within the
City of Aventura Land Development Regulations.
2. Mitigation of negative traffic impacts created by the proposed development, as
determined necessary by the full traffic study, following the methodology that
has been reviewed and approved by the City and its traffic engineer, subject to
the approval of the City Manager and Miami-Dade County.
3. 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 upon the issuance of the Temporary
Certificate of Occupancy for the project, with each of the following annual
payments due on the anniversary date of the first payment.
4. Payment of City residential impact fees associated with the development prior
to permit issuance. The estimated City impact fees, based upon the plans
referenced above, total $143,636. Actual fees will be calculated at permit
issuance.
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City of Aventura Resolution No. 2022-60
5. Prior to receiving a permit for any permanent structure, obtain Miami-Dade
County Schools' issuance of a finding that School Concurrency has been met
and pay applicable School Impact Fees.
6. A ride sharing, valet, and transit accommodation plan acceptable to the
Community Development Director shall be provided prior to site plan approval.
7. A bicycle parking plan and bicycle storage accommodations acceptable to the
Community Development Director shall be provided prior to site plan approval.
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 Joel, who moved its
adoption. The motion was seconded by Commissioner Landman, and upon being put to
a vote, the vote was as follows:
Commissioner Rachel S. Friedland Yes
Commissioner Billy Joel Yes
Commissioner Dr. Linda Marks Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Vice Mayor Denise Landman Yes
Mayor Enid Weisman Yes
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City of Aventura Resolution No. 2022-60
PASSED AND ADOPTED this 3rd day of October, 2022.
•
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVA , MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
r
� I
CITY ATTORNEY—-
This Resolution was filed in the Office of the City Clerk this 4t" day of October, 2022.
CITY CLERK
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City of Aventura Resolution No. 2022-60
EXHIBIT A - Legal Description
+/- 1.05 acre parcel at 2785 NE 183 Street, Aventura(Folio number 28-2203-000-0250) together
with a +/- .50 acre parcel (Folio number 28-2203-000-0273), more particularly described as
follows:
2. LEGAL DESCRIPTION:
(Parcel 1): Exhibition Center:
A portion of the East 1/2 of the Southeast 1/4 of the Southwest 1/4 of the Southwest 1/4 of Section 3, Township 52 South,
Range 42 East, Miami—bode County, Florida, being more particularly described as follows:
Commence at the Southeast comer of the Southeast 1/4 of the Southwest 1/4 of the Southwest 1/4 of said Section 3:
thence North 0 degrees 46 minutes 52 seconds West, along the East line of the Southeast 1/4 of the Southwest 1/4 of the
Southwest 1/4 of said Section 3, for 131.84 feet to the Point of Beginning of the hereinafter described parcel; thence continue
North 0 degrees .46 minutes 52 seconds West, along the last described course, for 301.00 feet; thence South 69 degrees 13
minutes 08 seconds West, at right angles to the lost described course, for 132.00 feet to a point of curvature; thence
southwesterly. southerly, and southeasterly along a circular curve to the left, having a radius of 20.00 feet and a central angle
of 90 degrees 00 minutes 00 seconds for an arc distance of 31.42 feet to a point of tangency, thence South 0 degrees 46
minutes 52 seconds East, along a line that is parallel with and 152.00 feet west of, as measured at right angles to, the East
line of the Southeast 1/4 of the Southwest 1/4 of the Southwest 1/4 of said Section 3 for 281.82 feet thence North 88
degrees 54 minutes 29 seconds East for 152.00 feet to the Point of Beginning, all lying and being in Miami—Dade County,
Florida,
(Parcel 2) Parking Lot:
A portion of the West 1/2 of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of Section 3, Township 52 South,
Range 42 East, Miami—Dade County, Florida, being more particularly described as follows:
Commence at the Southwest corner of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Section 3;
thence North 0 degrees 46 minutes 52 seconds West, along the West line of the Southwest 1/4 of the Southeast 1/4 of the
Southwest 1/4 of said Section 3, for 131.84 feet to the Point of Beginning of the hereinafter described parcel; thence continue
North 0 degrees 46 minutes 52 seconds West, along the last described course, for 79.94 feet; thence East for 246 .91 feet:
thence South, at right angles to,the lost described course, for 114.42 feet to a point on the next described curve; said point
bears North 19 degrees 47 minutes 50 seconds East from the radius point of the next described curve; thence Northwesterly.
westerly and southwesterly, along said circular curve to the left, having a radius of 584.02 feet and a central angle of 19
degrees 49 minutes 56 seconds for an arc distance 202.15 feet to a point of tangency, thence south 89 degrees 57 minutes
54 seconds west, along a line that is parallel with and 131.83 feet North of as measured at right angles to, the South line of
the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said
Section 3, for 47.66 feet to the Point of Beginning, all lying and being in Miami—Dade County, Florida.
Containing 67,663 Square Feet or 1,55 Acres more or less by calculations.
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City of Aventura Resolution No. 2022-60
EXHIBIT "B"
Plan Set Reference — Tal Aventura
COWR
A-DW cover o
AIECMUE"F;
A-D00S Drawing Index a
A-001 Zoning Cade Ana lysis&Prap"Owrview a
I
A-002 Gross Floor ArU&FAR T;Nble a
A-003 u nits mateix&Parking Cou nt #
A-004 3D Rendering Vim 01 �
A-005 3D Rendering View 02 a
A-006 3D Rendering View 03 0
A-007 31D Rendering View 04 0
A-008 3D Rendering View05 a
A-009 3d Rendering View D5 0
A-010 3d Re nderirlg view V 0
A-011 3d Rendering view 08 D
A-080 Site Plan u
A-201 Level 01-Ground Floor Plan a
FA-202 Level 02-Parking Floor Plan a
A-203 Level 03-Parldng Floor Plan a
CA-204 Level 04-Parking Floor Plan a
aA-205 Level 05-Amenities Floor Plan #
A Level 00th-10th-Typiral I!Sidnintial Floor Plan 1 0
A,207 Level 1 ith-20th-Typical Residential Floor Plan 2 a
A-= Level 2 ist-Typlea I Resl dential Floor plan 3 u
A,3A9 Level 22nd-25th-Typical Residential Floor Plan 4 a
A-nG Level 26th-Typical Reaidervxia I Floor Plan 5 a
A-211 Roof RIa n o
A-601 Conceptual evildingseoan a
A-9D1 2a Sun Study a
A-902 3o Sun Study o
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