Resolution No. 2023-44 Conditional Use Approval 20801-20801 Biscayne Blvd - September 5, 2023 CITY OF AVENTURA RESOLUTION NO. 2023-44
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 DENSITY OF 47 DWELLING UNITS PER
ACRE, WHERE THE CITY CODE PERMITS 25; (2) TO PERMIT HEIGHTS
UP TO 24 STORIES (260'), WHERE THE CITY CODE PERMITS 10
STORIES (100'); (3) TO PERMIT UNITS WITH FLOOR AREAS NO LOWER
THAN 658 SQUARE FEET WHERE THE MINIMUM REQUIREMENT IS 900
SQUARE FEET; AND (4) TO PERMIT 1,690 PARKING SPACES, WHERE
2,112 SPACES ARE REQUIRED BY THE CITY CODE FOR THE
PROPERTY LOCATED AT 20801-20807 BISCAYNE BOULEVARD;
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, has applied to the City of Aventura (the "City")
for the modification of a previously approved 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)o, the Applicant has
requested Conditional Use Approval to permit a density of 47 dwelling units per acre,
where the City Code permits 25; and
WHEREAS, pursuant to City Code Section 31-145(e)(4)b, the Applicant has
requested Conditional Use Approval to permit heights up to 24 stories (260'), where the
City Code permits 10 stories (100'); and
WHEREAS, pursuant to City Code Section 31-145(e)(4)e, the Applicant has
requested Conditional Use Approval to allow floor areas ranging from 658 SF to 945 SF
for one and two-bedroom units, where the City Code requires minimum floor areas
ranging from 900 SF to 1 ,050 SF for these units; and
WHEREAS, pursuant to City Code Section 31-145(e)(4)i, the Applicant has
requested Conditional Use Approval to permit 1 ,690 parking spaces (in accordance with
a shared parking allowance based upon the mix of uses proposed for the property), where
2,112 spaces are required by Code; and
City of Aventura Resolution No. 2023-44
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. 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 densities of 47 dwelling
units per acre, where the City Code permits 25; (2) to permit heights up to 24 stories
(260'), where the City Code permit 10 stories (100'), (3) to permit floor areas that are less
than the minimum required by the City Code; and (4) to permit 1 ,690 parking spaces (in
accordance with a shared parking allowance based upon the mix of uses proposed for
the property), where the City Code requires 2,112 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 . Building permits must be consistent with drawings as submitted on May 3, 2023
and listed in Exhibit B, unless otherwise subsequently amended by an
administrative site plan approval. The referenced plans are being reviewed
under Administrative Site Plan Approval regulations, the TC-4 zoning district
regulations, and all other applicable regulations as provided within the City of
Aventura Land Development Regulations.
2. Contribution toward the expansion of the City's Freebee circulator service in the
amount of$125,000 per year for 10 years with the first payment due before the
issuance of the first permit for the project and each of the next 9 payments due
on the respective anniversary date of the first payment.
3. Concurrent with the issuance of a certificate of occupancy of any kind (i.e.
temporary or final)a shuttle service specifically to and from the Brightline station
will be provided to residents of the development by the owners/operators of the
building.
4. A contribution of $250,000 toward the capital costs related to construction of a
new charter school for the City will be made prior to the issuance of a permit for
vertical construction of any residential building. A second contribution of
$250,000 for the same purpose will be made by the 5-year anniversary of the
first payment.
Page 2 of 4
City of Aventura Resolution No. 2023-44
5. A deed restriction, in a form approved by the City Attorney, will be recorded
agreeing that the property, and residential units thereon, will comply with the
City's restriction on short term rentals, which states that any rental for less than
90 days is considered a hotel. (Hotel use is not included in the project being
approved with this conditional use)
6. Prior to receiving permits 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.
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 Friedland, who moved its
adoption. The motion was seconded by Commissioner Kruss, and upon being put to a
vote, the vote was as follows:
Commissioner Rachel S. Friedland No
Commissioner Billy Joel Yes
Commissioner Paul A. Kruss Yes
Commissioner Dr. Linda Marks No
Commissioner Michael Stern Yes
Vice Mayor Amit Bloom Yes
Mayor Howard S. Weinberg Yes
Page 3 of 4
City of Aventura Resolution No. 2023-44
PASSED AND ADOPTED this 5th day of September, 2023.
HOWARD S. WEINBER ,, E Q.
MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this 5th day of September, 2023.
ELLISA L. HORVA , MMC
CITY CLERK
Page 4 of 4
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL ONE:
A PORTION OF TRACT "A", OF "AVENTURA CORPORATE CENTER", ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 158, AT PAGE 47, OF THE PUBLIC RECORDS OF MIAMI-
DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE MOST NORTH, NORTHWEST CORNER OF SAID TRACT "A"; THENCE N 88°10'38" E,
ALONG THE NORTH LINE OF SAID TRACT "A", FOR 556.00 FEET; THENCE S 11 °19'21" W FOR
335.30 FEET; THENCE S 00°43'51" E FOR 205.15 FEET TO A POINT ON THE SOUTHERLY LINE OF
SAID TRACT "A"; THENCE N 78°02'44" W, ALONG THE SOUTHERLY LINE OF SAID TRACT "A", FOR
652.55 FEET; THENCE N 28°31'25" W, ALONG THE SOUTHWESTERLY LINE OF SAID TRACT "A",
FOR 35.00 FEET; THENCE N
22°43'18" 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 N 55026'58" E, ALONG THE NORTHWESTERLY LINE 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 BOOK 158, AT PAGE 47, OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA.
LESS THE FOLLOWING DESCRIBED PARCEL OF LAND:
BEGIN AT THE MOST NORTH, NORTHWEST CORNER OF SAID TRACT "A"; THENCE N 88°10'38" E,
ALONG THE NORTH LINE OF SAID TRACT "A", FOR 556.00 FEET; THENCE S 11'19'21" W FOR
335.30 FEET; THENCE S 00°43'51" E FOR 205.15 FEET TO A POINT ON THE SOUTHERLY LINE OF
SAID TRACT "A"; THENCE N 78002'44" W, ALONG THE SOUTHERLY LINE OF SAID TRACT "A", FOR
652.55 FEET; THENCE N 28°31'25" W,ALONGTHE SOUTHWESTERLY LINE OF SAID TRACT "A", FOR
35.00 FEET; THENCE N
22-43-18" 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 N 55°26'58" E, ALONG THE NORTHWESTERLY LINE OF SAID TRACT "A", FOR 27.03
FEET TO THE POINT OF BEGINNING.
AND LESS THAT PORTION CONVEYED TO NORWICH AVENTURA II LLC, A DELAWARE LIMITED
LIABILITY COMPANY, BY SPECIAL WARRANTY DEED, RECORDED DECEMBER 18, 2014, IN
OFFICIAL RECORDS BOOK 29434, AT PAGE 3641, OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE MOST NORTH, NORTHWEST CORNER OF SAID TRACT "A"; THENCE N 88°10'38" E,
4871-4053-9419,v. 1
ALONG THE NORTH LINE OF SAID TRACT "A", FOR 556.00 FEET; THENCE S 11°19'21" W FOR
335.30 FEET; THENCE S 00°43'51" E FOR 18.03 FEET TO THE POINT OF BEGINNING OF THE
HEREINAFTER DESCRIBED PARCEL OF LAND; THENCE CONTINUES 00°43'51" E FOR 187.14 FEET
TO A POINT OF THE SOUTHERLY LINE OF SAID TRACT "A"; THE FOLLOWING EIGHT (8) COURSES
BEING ALONG THE SOUTHERLY AND EASTERLY BOUNDARY OF SAID TRACT "A"; (1) THENCE S
78002'44" E FOR 73.05 FEET TO A POINT OF CURVATURE; (2) THENCE SOUTHEASTERLY ALONG A
1438.00 FOOT RADIUS CURVE LEADING TO THE LEFT THROUGH A CENTRAL ANGLE OF 04011'01"
FOR AN ARC DISTANCE OF 105.00 FEET; (3) THENCE N 07°04'25" E FOR 45.00 FEET; (4) THENCE S
82055'35" E FOR 35.00 FEET; (5) THENCE S 07°04'25" W FOR 45.00 FEET TO A POINT ON A
CIRCULAR CURVE WHOSE RADIUS POINT BEARS N 06022'35" E; (6) THENCE SOUTHEASTERLY
ALONG A 1438.00 FOOT RADIUS CURVE LEADING TO THE LEFT, THROUGH A CENTRAL ANGLE
OF 04033'05" FOR AN ARC DISTANCE OF 114.23 FEET TO A POINT OF COMPOUND CURVATURE;
(7) THENCE EASTERLY AND NORTHERLY ALONG A 25.00 FOOT RADIUS CURVE LEADING TO THE
LEFT, THROUGH A CENTRAL ANGLE OF 94045'02" FOR AN ARC DISTANCE OF 41.34 FEET TO A
POINT OF TANGENCY; (8) THENCE N 02055'32" W FOR 254.38 FEET; THENCE S 87004'34" W FOR
138.61 FEET; THENCE S 37012'35" W FOR 30.60 FEET; THENCE S 87°04'34" W FOR 86.00 FEET;
THENCE S 18040'06" W FOR 7 .39 FEET; THENCE S 87°04'34" W FOR 93.63 FEET TO THE POINT OF
BEGINNING.
TOGETHER WITH THE NON-EXCLUSIVE EASEMENTS AS SET FORTH AND FURTHER DESCRIBED IN
SECTION 3(D) OF THAT CERTAIN PARKING AGREEMENT, RECORDED DECEMBER 18, 2014, IN
OFFICIAL RECORDS BOOK 29434, AT PAGE 3651, AND SECTION 3 OF THAT CERTAIN AMENDED
AND RESTATED EASEMENT AND OPERATING AGREEMENT, RECORDED DECEMBER 18, 2014, IN
OFFICIAL RECORDS BOOK 29434, AT PAGE 3695, OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA.
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AVENTURA CORPORATE CENTER
INDEX LIST
A-000 Cover A-010 Fire Department Site
A-001 Data Sheet Access Plan
A-001.1 Data Sheet A-100 Context Site Plan
A-002 Setback Diagram A-101 Site Plan Ground Floor
A-003.1 Lot Coverage Diagram A-101A Site Plan Mexx. Floor
A-003.2 Open Space Diagram A-102 Site Plan 2nd Floor
A-004 GFA:"NFA Diagram A-103 Site Plan :1A-3rd Floor
A-005 Phasing diagram iB 2nd Floor Mexx.
A-006 Context Photos A-1O4 Site Plan 4th Floor
A-105 Site Plan 5th Floor
Survey A-106 Site Plan Gth Floor
A-107 Site Plan 7th Floor
C-1.0 General Notes A-108 Site Plan Sth Floor
C-2.0 Civil Site Plan A-109 Site Plan 9th Floor
C-3.0 Pavement Details A-110 Site Plan 1Oth Floor
C-4.0 Water distribution Plan A-111 Site Plan IIth Floor
C-5.0 Sewer Distribution Plan A-112 Site Plan 12th Floor
C-0.0 Water& Sewer Details A-113 Site Plan 13th, 15th &
C-7.0 Drainage Plan 17th Floor
C-8.0 Drainage details A-114 Site Plan 14th, 15th &
C-9.0 Signing& Pavement Marking Plan iBth Floor
C-10.0 Signing& Pavement Marking Notes A-115 Site Plan 19th Floor
& Details A-116 Site Plan 20th Floor
C-11.0 Grading Plan A-117 Site Plan 21st& 23rd Floor
C-12.0 Erasion Control Notes& details A-lit Site Plan 22nd &24th Floor
A-119 Site Roof Plan
LA-00 Cower Sheet A-201 Building 1A Elevations
LA-01 General Notes & Landscape Legend A-202 Building 1A Elevations
1.7-01 Tree Mitigation Plan-Key Plan A-203 Building 1B Elevations
1.7-01AA Tree Mitigation Plan-Northwest A-204 Building 1B Elevations
1.7-01.18 Tree Mitigation Plan-Southwest A-301 Sections
1.7-01.2 Tree Mitigation Plan-Northeast A-401 Renderings
1.7-02 Tree Management Schedule A-402 Renderings
1.7-03 Tree Management Schedule A-403 Renderings
LP-01 Planting Plan-Ground Floor Key Plan A-404 Renderings
LP-01AA Ground Level Planting Plan-Northwest A-405 Renderings
LP-01AB Ground Level Planting Plan-Southwest A-501 Material Board
LP-01.2 Ground Level Planting Plan-Northeast A-502 Material Board
LP-02 Planting Plan-Bldg ilk-Amenity deck A-701 Typical Unit Layouts
LP-06 Planting Plan-Bldg iB-Amenity deck A-702 Typical Unit Layouts
LP-07 Image Board A-703 details
LP-08 Planting Schedule A-600 Signage Site PJan