Resolution No. 2023-21 Variances for Setbacks and Lot Coverage Aventura Food Hall - April 4, 2023 CITY OF AVENTURA RESOLUTION NO. 2023-21
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, GRANTING VARIANCES FROM SECTION 31-
144(C)(5)(D) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO
PERMIT A SIDE-YARD SETBACK OF 10 FEET ALONG THE NORTH
AND SOUTH PROPERTY LINES, WHERE SETBACKS OF 20 FEET ARE
REQUIRED BY CODE, AND FROM SECTION 31-144(C)(5)(A)2 TO
PERMIT AN INCREASE IN THE LOT COVERAGE TO ALLOW 42.64%
COVERAGE WHERE 40% IS PERMITTED FOR THE PROPERTY
LOCATED AT 2777 NE 185 STREET; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the property, legally described in Exhibit "A", is zoned B2, Community
Business District; and
WHEREAS, the applicant, Aventura Corporate Center LLLP, through Application
No. VAR2303-0001("Application"), is requesting a variance from Section 31-144(c)(5)(d)
of the City Code to permit a side-yard setback of 10 feet along the north and south
property lines, where setbacks of 20 feet are required by code, and from section 31-144
(c)(5)(a)2 to permit an increase in the lot coverage to allow 42.64% coverage where 40%
is permitted; and
WHEREAS, following proper notice, the City Commission 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.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The Application for Variances from Section 31-144(c)(5)(d) of the City
Code to permit a side-yard setback of 10 feet along the north and south property lines,
where the City Code requires a 20-foot side yard setback, and Section 31-144(c)(5)(a)2
of the City Code to permit an increase in the lot coverage to allow 42.64% coverage where
40% is permitted by Code on property legally described in Exhibit "A" to this Resolution
and known as municipal address 2777 NE 185 Street, City of Aventura, is hereby granted
subject to the following conditions:
City of Aventura Resolution No. 2023-21
1 . Plans submitted for building permit shall substantially comply with those submitted as
follows..
■ "Aventura Food Hall", Architectural Plans, Sheet AO-00, prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
■ "Aventura Food Hall", Architectural Plans, Sheet AO-01 , prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
■ "Aventura Food Hall", Architectural Plans, Sheet AO-02, prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
■ "Aventura Food Hall", Architectural Plans, Sheet AO-04, prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
■ "Aventura Food Hall", Architectural Plans, Sheet AO-05, prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
■ "Aventura Food Hall", Architectural Plans, Sheet Al-01 , prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
■ "Aventura Food Hall", Architectural Plans, Sheet Al-02, prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
■ "Aventura Food Hall", Architectural Plans, Sheet Al-03, prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
■ "Aventura Food Hall", Architectural Plans, Sheet Al-04, prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
■ "Aventura Food Hall", Architectural Plans, Sheet Al-05, prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
■ "Aventura Food Hall", Architectural Plans, Sheet A2-01 , prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
■ "Aventura Food Hall", Architectural Plans, Sheet A2-02, prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
■ "Aventura Food Hall", Architectural Plans, Sheet A3-01 , prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
■ "Aventura Food Hall", Architectural Plans, Sheet A3-02, prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
Page 2 of 7
City of Aventura Resolution No. 2023-21
■ "Aventura Food Hall", Architectural Plans, Sheet A5-01 , prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
■ "Aventura Food Hall", Architectural Plans, Sheet A9-01 , prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
■ "Aventura Food Hall", Architectural Plans, Sheet A9-02, prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
■ "Aventura Food Hall", Architectural Plans, Sheet A9-03, prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
■ "Aventura Food Hall", Architectural Plans, Sheet A9-04, prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
■ "Aventura Food Hall", Architectural Plans, Sheet A9-05, prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
■ "Aventura Food Hall", Architectural Plans, Sheet A9-06, prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
■ "Aventura Food Hall", Architectural Plans, Sheet A9-07, prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
■ "Aventura Food Hall", Architectural Plans, Sheet AO-01A, prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
■ "Aventura Food Hall", Architectural Plans, Sheet A1-04A, prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
■ "Aventura Food Hall", Architectural Plans, Sheet AO-05A, prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
■ "Aventura Food Hall", Civil Plans, Sheet C100, prepared by Fortin, Leavy,
Skiles, Inc., dated 12/19/2022, signed and sealed by Michael Vazquez on
03/13/2023.
■ "Aventura Food Hall", Civil Plans, Sheet C101 , prepared by Fortin, Leavy,
Skiles, Inc., dated 12/19/2022, signed and sealed by Michael Vazquez on
03/13/2023
■ "Aventura Food Hall", Civil Plans, Sheet C102, prepared by Fortin, Leavy,
Skiles, Inc., dated 12/19/2022, signed and sealed by Michael Vazquez on
03/13/2023
■ "Aventura Food Hall", Civil Plans, Sheet C103, prepared by Fortin, Leavy,
Skiles, Inc., dated 12/19/2022, signed and sealed by Michael Vazquez on
03/13/2023
Page 3 of 7
City of Aventura Resolution No. 2023-21
■ "Aventura Food Hall", Civil Plans, Sheet C104, prepared by Fortin, Leavy,
Skiles, Inc., dated 12/19/2022, signed and sealed by Michael Vazquez on
03/13/2023
■ "Aventura Food Hall", Civil Plans, Sheet C105, prepared by Fortin, Leavy,
Skiles, Inc., dated 12/19/2022, signed and sealed by Michael Vazquez on
03/13/2023
■ "Aventura Food Hall", Civil Plans, Sheet C106, prepared by Fortin, Leavy,
Skiles, Inc., dated 12/19/2022, signed and sealed by Michael Vazquez on
03/13/2023
■ "Aventura Food Hall", Civil Plans, Sheet C107, prepared by Fortin, Leavy,
Skiles, Inc., dated 12/19/2022, signed and sealed by Michael Vazquez on
03/13/2023
■ "Aventura Food Hall", Civil Plans, Sheet C108, prepared by Fortin, Leavy,
Skiles, Inc., dated 12/19/2022, signed and sealed by Michael Vazquez on
03/13/2023
■ "Aventura Food Hall", Civil Plans, Sheet C109, prepared by Fortin, Leavy,
Skiles, Inc., dated 12/19/2022, signed and sealed by Michael Vazquez on
03/13/2023
■ "Aventura Food Hall", Civil Plans, Sheet C110, prepared by Fortin, Leavy,
Skiles, Inc., dated 12/19/2022, signed and sealed by Michael Vazquez on
03/13/2023
■ "Aventura Food Hall", Landscape Plans, Sheet LO-00, prepared by Design
House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on
03/13/2023.
■ "Aventura Food Hall", Landscape Plans, Sheet LO-01 , prepared by Design
House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on
03/13/2023.
■ "Aventura Food Hall", Landscape Plans, Sheet LO-02, prepared by Design
House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on
03/13/2023.
■ "Aventura Food Hall", Landscape Plans, Sheet LO-03, prepared by Design
House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on
03/13/2023.
■ "Aventura Food Hall", Landscape Plans, Sheet 1-1-01 , prepared by Design
House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on
03/13/2023.
■ "Aventura Food Hall", Landscape Plans, Sheet 1-1-02, prepared by Design
House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on
03/13/2023.
■ "Aventura Food Hall", Landscape Plans, Sheet 1-1-03, prepared by Design
House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on
03/13/2023.
■ "Aventura Food Hall", Landscape Plans, Sheet 1-1-04, prepared by Design
House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on
03/13/2023.
Page 4 of 7
City of Aventura Resolution No. 2023-21
■ "Aventura Food Hall", Landscape Plans, Sheet 1-2-01 , prepared by Design
House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on
03/13/2023.
■ "Aventura Food Hall", Landscape Plans, Sheet 1-2-03, prepared by Design
House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on
03/13/2023.
■ "Aventura Food Hall", Landscape Plans, Sheet 1-2-04, prepared by Design
House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on
03/13/2023.
■ "Aventura Food Hall", Landscape Plans, Sheet 1-3-01 , prepared by Design
House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on
03/13/2023.
■ "Aventura Food Hall", Landscape Plans, Sheet 1-3-02, prepared by Design
House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on
03/13/2023.
■ "Aventura Food Hall", Landscape Plans, Sheet 1-3-03, prepared by Design
House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on
03/13/2023.
■ "Aventura Food Hall", Landscape Plans, Sheet 1-4-01 , prepared by Design
House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on
03/13/2023.
■ "Aventura Food Hall", Landscape Plans, Sheet 1-4-02, prepared by Design
House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on
03/13/2023.
■ "Aventura Food Hall", Landscape Plans, Sheet 1-4-03, prepared by Design
House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on
03/13/2023.
■ "Aventura Food Hall", Landscape Plans, Sheet 1-4-04, prepared by Design
House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on
03/13/2023.
2. Building permits shall be obtained within 12 months of the date of this Resolution,
after 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.
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
Page 5 of 7
City of Aventura Resolution No. 2023-21
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 Bloom, who moved its
adoption. The motion was seconded by Commissioner Stern, and upon being put to a
vote, the vote was as follows:
Commissioner Amit Bloom Yes
Commissioner Rachel S. Friedland Yes
Commissioner Paul A. Kruss Absent
Commissioner Dr. Linda Marks Yes
Commissioner Michael Stern Yes
Vice Mayor Billy Joel Yes
Mayor Howard S. Weinberg Yes
PASSED AND ADOPTED this 4th day of April, 2023.
OWARD S. WEINBERG, Q.
e
MAYOR
ATTEST:
ELLISA L. HORVAT , MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 6 of 7
City of Aventura Resolution No. 2023-21
EXHIBIT "A"
Legal Description
PARCEL B:
Lot 2, Block 1, Aventura Walgreens Subdivision, according to plat thereof, as recorded in Plat
Book 157, Page 43, of the Public Records of Miami-Dade County, Florida.
Page 7 of 7