Resolution No. 2023-54 Conditional Use Approval for 20605 NE 34 Ave. (Aventura Harbor) - October 3, 2023 CITY OF AVENTURA RESOLUTION NO. 2023-54
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL
PURSUANT TO SECTION 31-143(E)(2A)C OF THE LAND
DEVELOPMENT REGULATIONS AND THE CITY'S GREEN BUILDING
PROGRAM AS SET FORTH IN ARTICLE VI OF CHAPTER 14 OF THE
CITY CODE TO PERMIT A FLOOR AREA RATIO OF 4.8 WHERE THE
LAND DEVELOPMENT REGULATIONS PERMIT A MAXIMUM FLOOR
AREA RATIO OF 1.5 FOR THE DEVELOPMENT OF A RESIDENTIAL
BUILDING TO BE CONSTRUCTED AT 20605 NE 34 AVENUE;
PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the property described herein is zoned RMF3A, Multifamily Medium
Density Residential District; and
WHEREAS, the Applicant, Rosenthal Rosenthal Rasco LLC on behalf of Aventura
Harbor Property LLC, through Application No. CUP2305-0002, is requesting Conditional
Use Approval pursuant to Section 31-143(e)(2a)c of the City's Land Development
Regulations (LDRs) to permit a floor area ratio of 4.8, where the LDRs permit a maximum
floor area ratio of 1 .5, for the development of a residential 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-
143(E)(2a)c of the City's Land Development regulations (LDRS) to permit a floor area
ratio of 4.8 where the LDRs permit a maximum floor area ratio of 1.5, on property legally
described in Exhibit "A", is hereby granted exclusively to the Applicant, subject to the
following conditions:
1 . Drawings as presented to City's Commission Workshop on September 21 , 2023
and provided to the Community Development Department on September 26, 2023
unless otherwise subsequently amended by Administrative Site Plan Approval
("ASPA"). The plans will be reviewed under ASPA regulations, the RMF3A zoning
City of Aventura Resolution No. 2023-54
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. Prior to issuance of a building permit by the City for the proposed development,
the Applicant shall:
(i) enter into and record in the Public Records of Miami-Dade County, at its
expense, and in a form satisfactory to the City Manager and City Attorney,
the Agreement and Covenant in fulfillment of all requirements of the City's
Green Building Program; and
(ii) provide to the City a performance bond or other security approved by the
City Manager and City Attorney in the amount of 5% of building construction
costs as approved by the City's Building Official to guarantee attainment of
LEED® Gold certification by the US Green Building Council.
4. Applicant agrees to allow public access to the walkway along the east and north
sides of the building and the walkway leading to the docks, providing a view access
to the marina for the public. This "Green Paseo" view corridor shall substantially
comply with the design elements provided on Site Plan A2.02 prepared by Kobi
Karp and submitted to the Community Development Department on September
26,2023. It shall remain open to the public during daylight hours without exception.
Access may be restricted from dusk to dawn.
5. Developer shall provide security cameras on site as specified by, and for use by,
the Aventura Police Department. Such cameras shall be installed and operational
prior to the issuance of a certificate of occupancy of any type.
6. Floating boat docks shall be for the exclusive use of the building's residents; unit
owners will not be authorized to lease or sell their docks.
7. Developer shall provide a 60' portion of the floating dock to the City of Aventura
for use by the Aventura Police Department Marine Patrol.
8. Developer shall contribute, prior to issuance of any certificate of occupancy,
$500,000 to the City of Aventura to utilize toward capital expenses related to
expanding its charter school system, operating expenses related to FreeBee, or to
offset any other Commission-approved expense. This contribution is in addition to
and not in lieu of the payment of impact fees.
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.
Page 2 of 3
City of Aventura Resolution No. 2023-54
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 Vice Mayor Bloom, 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 No
PASSED AND ADOPTED this 3rd day of October, 2023.
WARD S. WEINBERG, E
MAYOR
ATTEST:
ELLISA L. HORVAT MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
Y �I
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this 3rd day of October, 2023.
ELLISA L. HORVAT MMC
CITY CLERK
Page 3 of 3
EXHIBIT"A"
LEGAL DESCRIPTION
PARCEL A
AVENTURA VILLAS PB 168-067 T-23010 TR A LOT SIZE 22239 SQ FT ML FAU 28 1235 010 0010
PARCEL B
35 5142.648 AC BISCAYNE YACHT&COUNTRY CLUB 1ST ADDN PB 89-100 PORT OF PRIVATE CANAL DESC
BEG NE COR OF AVENTURA MARINA CONDO NO 1 N 80 DEG E 179.54FT N 87 DEG E 171.63FT S 02 DEG E
75FT S 87 DEG W 167FT S 80 DEG W 184.41FT N 02 DEG W 75.58FT TO POB & 2 4FT STRIPS OF LAND LYG
N OF ENSENADA CONDO SITE LOT SIZE 28139 SQ FT M/L FAU 28 1235 010 0030&0010
PARCEL C
35 5142 4.303 AC BISCAYNE YACHT&COUNTRY CLUB 1ST ADDN PB 89-100 PRIVATE CANAL LESS PART IN
AVENTURA MARINA CONDO NO 1 & LESS PORT OF PRIVATE CANAL DESC BEG NE COR OF AVENTURA
MARINA CONDO NO 1 N 80 DEG E 179.54FT N 87 DEG E 171.63FT S 02 DEG E 75FT S 87 DEG W 167FT S 80
DEG W 184.41FT N 02 DEG W 75.58FT TO POB F/A/U 30-1235-010-0030 OR 24663-3244 05 2006 2(2)
PARCEL D
AVENTURA 1ST ADDN PB 99-11 PORT OF TR D DESC BEG NE COR TR D W826.80FT S150FT E826.80FT
N150FT TO POB/PRIVATE CANAL/ LOT SIZE 124020 SQ FT F/A/U 30-1235-013-0010 COC 24663-3244 05
2006 2(2)