11-07-2023 Local Planning Agency Meeting Agenda CITY OF AVENTURA
Aventura Government Center
19200 West Country Club Drive
Aventura, FL 33180
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LOCAL PLANNING AGENCY
MEETING AGENDA
November 7, 2023
6:00 p.m.
Aventura Government Center
Commission Chambers
Local Planning Agency
AVENTURA CITY COMMISSION ACTING IN ITS CAPACITY AS THE LOCAL PLANNING AGENCY
FOR THE CITY OF AVENTURA
Mayor Howard S. Weinberg, Esq.
Vice Mayor Amit Bloom
Commissioner Rachel S. Friedland, Esq.
Commissioner Billy Joel
Commissioner Paul A. Kruss
Commissioner Dr. Linda Marks
Commissioner Michael Stern
City Manager Ronald J. Wasson
City Clerk Ellisa L. Horvath, MMC
City Attorneys Weiss Serota Helfman Cole & Bierman
Aventura Local Planning Agency Meeting Agenda November 7, 2023
AVENTURA CITY COMMISSION ACTING IN ITS CAPACITY AS THE LOCAL PLANNING AGENCY
FOR THE CITY OF AVENTURA:
1. CALL TO ORDER/ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF MINUTES: October 19, 2023
4. PUBLIC HEARINGS — MOTION RECOMMENDING ADOPTION OF THE
FOLLOWING RESOLUTIONS:
A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
GRANTING CONDITIONAL USE APPROVAL, PURSUANT TO SECTION 31-145(B)OF THE
CITY CODE OF ORDINANCES; (1) TO ALLOW A DENSITY OF 69 DWELLING UNITS PER
ACRE FOR A PROJECT THAT PROVIDES RESIDENTIAL UNITS AS HERO HOUSING
WHERE THE CITY CODE ALLOWS UP TO 25 DWELLING UNITS PER ACRE; (2)TO ALLOW
RESIDENTIAL UNITS ON THE GROUND FLOOR LEVEL WHERE RESIDENTIAL USES ARE
ALLOWED ONLY ON THE SECOND OR HIGHER FLOORS; (3) TO ALLOW STRUCTURED
PARKING THAT IS NOT INCORPORATED INTO THE BUILDING ENVELOPE OF A
PRIMARY USE STRUCTURE; AND (4) TO ALLOW A BUILDING HEIGHT OF 26 STORIES
(311'4") WHERE THE CITY CODE ALLOWS 4 STORIES (50'); FOR THE PROPERTY
LOCATED AT 2999 NE 191 STREET; PROVIDING FOR CONDITIONS OF APPROVAL; AND
PROVIDING FOR AN EFFECTIVE DATE.
Note: The Quasi-Judicial procedures of the City shall be invoked for this item (4A).
B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
GRANTING A VARIANCE FROM SECTION 31-171(B)(3) OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO PERMIT 308 PARKING SPACES WHERE 345 ARE
REQUIRED AND ALLOWING FOR THE REMOVAL OF THREE (3) PARKING SPACES FOR
THE EXISTING DEVELOPMENT LOCATED AT 3605 NE 207 STREET; PROVIDING FOR
IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
Note: The Quasi-Judicial procedures of the City shall be invoked for this item (413).
C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
GRANTING CONDITIONAL USE APPROVAL PURSUANT TO SECTION 31-144(F)(2)J OF
THE CITY CODE TO PERMIT A SELF-SERVICE STORAGE FACILITY AND ALLOWING A
FLOOR AREA RATIO OF 1.88 PURSUANT TO SECTION 31-144(F)(2)L FOR A BUILDING
THAT ATTAINS LEED GOLD OR PLATINUM CERTIFICATION FOR THE PROPERTY
LOCATED AT 21280-21288 BISCAYNE BOULEVARD; PROVIDING FOR CONDITIONS;
AND PROVIDING FOR AN EFFECTIVE DATE.
Note: The Quasi-Judicial procedures of the City shall be invoked for this item (4C).
D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
GRANTING A VARIANCE FROM SECTION 31-171(B)(7) OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO ALLOW 60 PARKING SPACES WHERE 103 PARKING
SPACES ARE REQUIRED; GRANTING A VARIANCE FROM SECTION 31-144(F)(4)D3 TO
PERMIT 28%OF THE TOTAL LOT AREA TO BE LANDSCAPED OPEN SPACE WHERE 33%
OF THE TOTAL LOT AREA IS REQUIRED TO BE LANDSCAPED OPEN SPACE FOR THE
PROPERTY LOCATED AT 21280-21288 BISCAYNE BOULEVARD; PROVIDING FOR
IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
Note: The Quasi-Judicial procedures of the City shall be invoked for this item (41D).
Page 1 of 2
Aventura Local Planning Agency Meeting Agenda November 7, 2023
E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
GRANTING CONDITIONAL USE APPROVAL, PURSUANT TO SECTION 31-143(H)OF THE
CITY CODE OF ORDINANCES; (1) TO ALLOW A BUILDING TO CAST A SHADOW ON
PROPERTIES LOCATED IN BUSINESS ZONING DISTRICTS; (2) TO ALLOW A DENSITY
OF 90 DWELLING UNITS PER ACRE WHERE THE CITY CODE ALLOWS UP TO 75
DWELLING UNITS PER ACRE; (3) TO ALLOW LOT COVERAGE OF 44% FOR A LEED
GOLD OR PLATINUM CERTIFIED BUILDING WHERE THE CODE ALLOWS 40%; AND
(4)TO ALLOW A FLOOR AREA RATIO (FAR) OF 3.6 FOR A LEED GOLD OR PLATINUM
CERTIFIED BUILDING, WHERE THE CODE ALLOWS A MAXIMUM FAR OF 2.0, FOR THE
PROPERTY LOCATED AT 2785 NE 183 STREET; PROVIDING FOR CONDITIONS OF
APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE.
Note: The Quasi-Judicial procedures of the City shall be invoked for this item (4E).
5. ADJOURNMENT
This meeting is open to the public.In accordance with the Americans with Disabilities Act of 1990,all persons who are
disabled and who need special accommodations to participate in this meeting because of that disability should contact
the Office of the City Clerk, (305) 466-8901 or cityclerk@cityofaventura.com, not later than two days prior to such
proceedings. One or more members of the City of Aventura Advisory Boards may participate in the meeting. Anyone
wishing to appeal any decision made by the Aventura Local Planning Agency or Aventura City Commission with respect
to any matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may
need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence
upon which the appeal is to be based. Agenda items are available online at cityofaventura.com for viewing and printing,
or may be requested through the Office of the City Clerk at(305)466-8901 or cityclerk@cityofaventura.com.
Page 2 of 2
•
CITY OF AVENTURA
LOCAL PLANNING AGENCY MEETING MINUTES
OCTOBER 19, 2023
9:00 a.m.
Aventura Government Center
19200 West Country Club Drive
Aventura, FL 33180
Aventura City Commission acting in its capacity as the Local Planning Agency for the City
of Aventura:
1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor
Weinberg at 9:07 a.m. The roll was called and the following were present: Mayor Howard
S. Weinberg, Vice Mayor Amit Bloom, Commissioner Rachel S. Friedland',
Commissioner Billy Joel, Commissioner Paul A. Kruss, Commissioner Dr. Linda Marks,
Commissioner Michael Stern, City Manager Ronald J. Wasson, City Clerk Ellisa L.
Horvath, and City Attorney Robert Meyers. As a quorum was determined to be present,
the meeting commenced.
2. PLEDGE OF ALLEGIANCE: The Pledge was led by Mayor Weinberg.
3. APPROVAL OF MINUTES (October 3, 2023): A motion to approve the minutes
of the October 3, 2023 meeting was offered by Commissioner Joel, seconded by Vice
Mayor Bloom, and unanimously passed by voice vote.
4. PUBLIC HEARING - MOTION RECOMMENDING ADOPTION OF THE
FOLLOWING ORDINANCE: Mrs. Horvath read the following Ordinance title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 31,
"LAND DEVELOPMENT REGULATIONS" OF THE CITY CODE OF ORDINANCES BY
AMENDING SECTION 31-145, "TOWN CENTER ZONING DISTRICTS", TO ALLOW
MULTIFAMILY RESIDENTIAL DENSITIES WITH A MAXIMUM OF 70 DWELLING UNITS PER
ACRE FOR DEVELOPMENTS THAT PROVIDE RESIDENTIAL UNITS TO THE CITY'S HERO
HOUSING PROGRAM; SUBJECT TO CONDITIONAL USE APPROVAL; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN
EFFECTIVE DATE.
A motion to recommend adoption of the Ordinance was offered by Commissioner Kruss
and seconded by Commissioner Joel.
'Participated via virtual communications media technology.
City of Aventura Local Planning Agency Meeting Minutes
October 19, 2023
Community Development Director Keven Klopp entered the staff report into the record,
which recommended approval, subject to conditional use approval, in exchange for the
project committing residential units to the City's HERO Housing program.
The City Commission discussed the districts that would be affected, guidelines for the
City to follow, Commission discretion, density, and reducing the amount from 70 to 50 for
the other districts (TC2, TC3, and TC4).
Mr. Wasson and Mr. Meyers provided information on densities, Live Local Act, and
reducing the amount to 50 for the other districts.
A motion to amend the Ordinance for a maximum of 70 dwelling units per acre for
developments in the TC1 District and for a maximum of 50 dwelling units per acre for
developments in the TC2, TC3, and TC4 Districts was offered by Commissioner Stern,
seconded by Vice Mayor Bloom and passed unanimously by roll call vote.
Mayor Weinberg opened the public hearing.
The following members of the public provided comments: Michael Marrero, Esq. (Bercow
Radell Fernandez Larkin & Tapanes, PLLC - 200 S. Biscayne Blvd. Suite 300, Miami).
There being no speakers, the public hearing was closed.
The motion to recommend adoption of the Ordinance as amended passed unanimously
by roll call vote.
5. ADJOURNMENT: There being no further business to come before the Local
Planning Agency, a motion to adjourn was offered by Commissioner Kruss, seconded by
Commissioner Joel, and unanimously passed; thereby adjourning the meeting at 9.29
a.m.
Ellisa L. Horvath, MMC, City Clerk
Approved by the Local Planning Agency on November 7, 2023.
Page 2 of 2
CITY OF "ENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson CZ�Q_
City Manager
BY: Keven R. KloppOw
Community Development Director
DATE: November 3, 2023
SUBJECT: Request by Aventura 2999 LLC for Conditional Use Approval for a
Mixed-use Development Proposed at 2999 NE 191 Street
("Icon Aventura" — CUP2305-0001)
November 7, 2023 Local Planning Agency Meeting Agenda
November 7, 2023 City Commission Meeting Agenda
RECOMMENDATION
It is recommended that the City Commission approve the subject Conditional Use request
for land located at 2999 NE 191 Street to facilitate an infill development known as Icon
Aventura.
THE REQUEST
The applicant, Radell, Fernandez, Larkin & Tapanes, on behalf of Aventura 2999, LLC,
is requesting Conditional Use approval pursuant to Section 31-145(b)(3)q of the City's
Land Development Regulations (the "LDRs") to permit a density of 69 dwelling units per
acre for a project that provides residential units as HERO Housing, where the LDRs permit
a maximum density of 25 dwelling units per acre; Conditional Use approval pursuant to
Section 31-145(b)(3)h of the LDRs to allow residential units on ground floor level, where
residential uses in this district are allowed on the second or higher floors; Conditional Use
approval pursuant to Section 31-145(b)(3)i of the LDRs to allow a structured parking that
is not incorporated into the building envelope of a primary use structure; and Conditional
Use approval pursuant to Section 31-145(b)(3)e of the LDRs to permit the proposed
height of 26 stories (3114")where the LDRs allow a maximum height of four stories (50').
The applicant's Letter of Intent is attached as Exhibit #1 to this staff report.
BACKGROUND
OWNER OF PROPERTY: Aventura 2999, LLC
NAME OF APPLICANT Michael J. Marrero, Esq.
Bercow, Radell, Fernandez, Larkin & Tapanes
LOCATION OF PROPERTY 2999 NE 191 Street
See Exhibit #2 for Location Map
SIZE OF PROPERTY 4.285 acres +/-
See Exhibit #3 for Legal Description
The property consists of approximately 4.285 acres of land located on the NE intersection
of NE 29 Avenue and NE 191 Street and south of William Lehman Causeway. The
proposed infill development will add to the site of an existing 121,265 SF office building,
a 295-unit residential tower, and a 10-story parking garage with 12,470 SF of retail on the
ground floor. The parking garage will also provide 10,000 SF of archive space to the City's
Police Department. See Exhibit #4 for project renderings.
The applicant had submitted, concurrently and related to this request, two applications
reviewed by the City Commission. The first application amended the City's
Comprehensive Plan to allow densities up to 70 units per acre in the Town Center land
use category of the Future Land Use Element (City File No. CPA2305-0001). The second
request amended the Land Development Regulations of the City Code of Ordinances to
allow multifamily residential densities with a maximum of 70 dwelling units per acre for
developments providing residential units (15% requirement) to the City's HERO housing
program, subject to conditional use approval (City File No. LDR2305-0001). Both
applications were approved.
An ordinance removing the 15% requirement as a threshold for HERO units and to extend
the HERO Housing program to all Town Center Zoning Districts was approved by the City
Commission on First Reading on October 19, 2023 (City File No. LDR2310-0001). This
Conditional Use approval is to be considered concurrently and contingent upon the
approval on second reading of that ordinance.
ANALYSIS
Future Land Use Designation
Subject Property: Town Center
Property to the North: Business and Office
Property to the South: Town Center
Property to the East: Town Center
Property to the West: Business and Office
2
Zoning
Subject Property: TC1 — Town Center District
Properties to the West: B2, Community Business District
Properties to the East: CF, Community Facility District
Properties to the North: B2, Community Business District
Properties to the South: RMF3, Multi-Family Medium Density Residential
Existing Land Use
Subject property: Office Building
Properties to the North: Shopping Center
Properties to the South: Multi-Family Residential
Properties to the East: Municipal
Properties to the West: Office Building and Hotel
Access — The property is accessible from the intersection of NE 29 Avenue and NE 191
Street.
Standards for Review -The following is staff's evaluation of the proposed use using the
criteria for approval of conditional uses found in Section 31-73(c) of the City's Land
Development Regulations.
1. The proposed use shall be consistent with the Comprehensive Plan.
The proposed use is consistent with the City of Aventura Comprehensive Plan. The
future land use designation for this parcel is Town Center.
2. The establishment, maintenance or operation of the proposed use shall not be
detrimental to or endanger the public health, safety or general welfare.
The establishment, maintenance and operation of the proposed use will not be
detrimental to or endanger the public health, safety or general welfare.
3. The proposed use shall be consistent with the community character of the immediate
neighborhood of the proposed use.
The proposed use is consistent with the community character of the immediate
neighborhood. Multi-family residential buildings of medium and high densities can be
seen to the south and eastwards alongside Lehman Causeway. Retail uses are
concentrated to the north and west of the property.
4. Utilities, roadway capacity, drainage and other necessary public facilities, including
police, fire and emergency services shall exist at the City's adopted levels of service
or will be available concurrent with demand as provided for in the requirement of these
LDRs.
3
Utilities, roadway capacity, drainage and other necessary public facilities, including
police, fire and emergency services exist at the City's adopted levels of service or will
be available concurrent with demand as provided for in the City's Land Development
Regulations.
5. Adequate measures exist or shall be taken to provide ingress and egress to the
proposed use in a manner that minimizes traffic congestion in the public streets.
Adequate measures have been taken to provide ingress and egress to the proposed
use in a manner that minimizes traffic congestion in the public streets. Measures
include traffic studies, intersection controls and pedestrian connections.
6. The establishment of the conditional use shall not impede the development of
surrounding properties for uses permitted in the zoning district.
The establishment of this use will not impede the development of surrounding
properties for uses permitted in the zoning district.
7. The design of the proposed use shall minimize adverse effects, including visual
impacts of the proposed use on adjacent property through the use of building
orientation, setbacks, buffers, landscaping and other design criteria.
The design of the proposed residential building provides appealing visuals and its
orientation and scale are appropriate to its location facing the causeway. The site is
landscaped with Florida friendly canopy trees and plantings.
Public Hearing Notice - Notice of this public hearing has been published, posted and
mailed in accordance with Section 31-71(e) of the City Code.
RECOMMENDED CONDITIONS OF APPROVAL
1. Execution of a HERO Housing Agreement consistent with the City's adopted HERO
Housing Guidelines allocating 20 residential dwelling units within the proposed
development to the City's HERO Housing program as defined in Section 31-21 of the
City Code is required prior to receiving Administrative Site Plan Approval.
2. Building permit applications must be consistent with drawings as submitted on
October 11, 2023 and listed in the drawing index included as Exhibit #5, unless
otherwise subsequently amended by an administrative site plan approval. The
referenced plans are being reviewed under Administrative Site Plan Approval
regulations, the TC-1 zoning district regulations, and all other applicable regulations
as provided within the City of Aventura Land Development Regulations.
4
3. Prior to receiving permits for any permanent structure, verification of Miami-Dade
County Schools' finding that School Concurrency has been met must be provided and
applicable School Impact Fees must be paid.
4. On-Demand Vehicle: ICON will be responsible to pay $125,000 annually for 10 years
to fund City-provided on-demand vehicle service in Aventura with the first payment
due prior to permit issuance and remaining payments due on the anniversary date of
the first payment.
5. Storage Space: A minimum of 10,000 square feet of dehumidified secured storage
space accessible at all times is to be provided to the City within the garage concurrent
with the Certificate of Occupancy for the building.
6. Non-vehicular Multi-use Path: Applicant shall fund the design and construction of a
non-vehicular multi-use path from ICON to West Country Club Drive within the
southernmost portion of FDOT right-of-way along Lehman Causeway, including the
required barriers from the Lehman Causeway and the Government Center.
7. Tree Preservation: Minimize the number of trees to be removed from the site or find
in-city location for transplants.
8. The artificial plants used in the fagade of parking garage shall be changed at least
every 6 months in order to provide a varying (not stagnant) appearance.
9. A contribution of $1,000,000 to be used by the City to offset the impacts of the
development shall be provided prior to Certificate of Occupancy.
10.The preceding conditions are in addition to and not in lieu of impact fees.
5
EXHIBIT "1"
BERCOW
RADELL
FERNANDEZ May 15, 2023
LARKIN +-
TAPANES
94NKI.LANEmow° VIA ELECTRONIC MAIL
l
200 S.Biscayne Boulevard Mr. Keven Klopp
Suite 300,Miami, FL 33131 Community Development Director
City of Aventura
www.brzoninglaw.com 19200 West Country Club Drive, 4th Floor
Aventura, Florida 33180
305.377.6238 office
305.377.6222 fax Re: Letter of Intent—Zoning Applications for the Property located
mmarreroiPbrconinglaw.com at 2999 NE 191st Street, Aventura, Florida
Dear Mr. Klopp:
Our law firm represents Aventura 2999, LLC ("the
Applicant"), the owner of the properties located 2999 NE 191st
Street (collectively the "Property") in the City of Aventura (the
"City"). This letter shall serve as the Applicant's letter of intent in
connection of the application for Administrative Site Plan approval
for redevelopment of the Property.
Property Description. The Property identified by Miami
Dade County Property Appraiser Folio Nos. 28-1235-004-0091 and
28-2203-021-0020. The Property is approximately 4.285 acres in
size and is designated as Town Center in the City's comprehensive
plan. The zoning on the Property is TC1. Currently, the Property is
developed with an office building with ground floor retail, and
surface parking.
Proposed Development. The Applicant proposes to
redevelop the Property with a 23 story, 295-unit residential project
west of the existing office building. The unit breakdown will
include 255 standard residential units and 40 "Hero Housing" units,
with a mix of efficiencies, as well as one, two- and three-bedroom
units. Additionally,the project will include a 10-story structure with
963 parking spaces and over 12,000 square feet of ground floor
retail space.
Mr. Keven Klopp
Community Development Director
Page 2
Application Requests.The Applicant recognizes that the approval of this site plan will also
require some legislation to be considered and approved by the City, and looks forward to
working with the City on that process while the administrative site plan review is ongoing. The
complete summary of requests is as follows:
• Amendment to the City's Comprehensive Plan to permit up to 70 dwelling units
per acre in the Town Center land use designation.
• Amendment to the City's Land Development Regulations for TC1 to permit up to
70 dwelling units per acre with Conditional Use Approval as follows:
31-145(a)
Purpose. The purpose and intent of these districts is to provide suitable sites for
the development of residential and commercial uses in a well planned and
compatible manner. The uses within these districts shall be consistent with, but
may be more restrictive than, the corresponding Town Center Land Use category
permitted uses. Residential densities shall not exceed 2-5-70 units per gross acre
and nonresidential densities shall not exceed a floor area ratio of 2.0.
Section 31-145(b)(1)
C. Residential uses with ground floor retail or restaurant uses.
Section 31-145(b)(3)
q Residential uses that exceed 25 dwelling units per acre but not to exceed
70 dwelling units per acre, with the provision of "Hero Housing" at an
amount to be approved by the City Commission.
• Conditional Use Approval to obtain additional the requested density of 70 dwelling
units per acre and additional height of 23 stories
• Modification to the approvals Administrative Site Plan Approval
Bercow Radell Fernandez Larkin&Tapanes 305.377.6238 direct 305.377,6222 fax I mmarrero@brzoninglaw com
Mr. Keven Klopp
Community Development Director
Page 3
For all the foregoing reasons, the applicant respectfully requests your department's
favorable review and recommendation of this application. Should you have any questions,
comments, or require additional information, please do not hesitate to phone my direct line at
(305) 377-6238
Sincerely,
�2
Michael J. Marrero
Enclosures
Bercow Radell Fernandez Larkin&Tapanes 1305.377.6238 direct 1305.377.6222 fax I mmarrero@brzoninglaw.com
EXHIBIT "2"
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Municipal Zone - TC1
___ Aventura Municipal Boundary
EXHIBIT3
LEGAL DESCRIPTION
PARCEL 1:
A PORTION OF TRACT II OF FIFTH ADDITION BISCAYNE YACHT AND COUNTRY CLUB, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 99, AT PAGE 20, OF THE PUBLIC RECORDS OF MIAM I - DADE COUNTY,
FLORIDA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID TRACT II: THENCE N87"32'00"E ALONG THE NORTH LINE
OF SAID TRACT II FOR 334.64 FEET TO A POINT OF CURVE; THENCE NORTHEASTERLY ALONG THE ARC OF
SAID CURVE TO TH E LEFT HAVING A RADIUS OF 5829.58 FEET AND A CENTRAL ANGLE OF 00 " 42'04"
FOR AN ARC DISTANCE OF 71.33 FEET TO A POINT ON THE ARC OF A CURVE TO THE NORTHEAST SAID
POINT BEARS S09"50'42"W FROM THE CENTER OF SAID CURVE; THENCE SOUTHEASTERLY ALONG THE ARC
OF SAID CURVE TO THE LEFT HAVIN G A RADIUS OF 1290.92 FEET AND A CENTRAL ANGLE OF 09 " 08'59" FOR
AN ARC DISTANCE OF 206. 15 FEET: THENCE N83"59'09" FOR 158.32 FEET TO A POINT; THENCE S02"27'24" FOR
157.27 FEET TO A POINT;THENCE N87"32'36"E FOR 125.00 FEET TO A POINT:THENCE S02" 27'24" FOR 56.00 FEET
TO A POINT ON THE SOUTH LINE OF SAID TRACT II ; THENCE S87"32'36"W ALONG THE SOUTH LINE OF SAID
TRACT II FOR 22 0.73 FEET; THENCE S87"32'36"W ALONG THE SOUTH LINE OF SAID TRACT II FOR 670.25
FEET TO THE SOUTHWEST CORNER OF SAID TRACT II; THENCE NO2"58'20"W ALONG THE WEST LINE OF SAID
TRACT II FOR 229.93 FEET TO THE POINT OF BEGINNING; LESS THE SOUTH 35 FEET OF THE WEST 70 FEET OF SAID
TRACT II CONVEYED TO MIAMI-DADE COUNTY FOR HIGHWAY RIGHT-OF-WAY,
TOGETHER WITH THE BENEFIT OF THE FOLLOWING:
EASEMENT FOR THE INSTALLATION, OPERATION, MAINTENANCE, REPAIR AND/OR REPLACEMENT OF (A) SUB-
SURFACE PIPES, LINES AND CONDUITS TO PROVIDE REASONABLE QUANTITIES OF WATER, ELECTRICITY, GAS,
TELEPHONE SERVICE, STORM WATER, DRAINAGE, SEWERAGE AND SANITATION FACILITIES,AND (B) A SURFACE
STORM DRAINAGE TO CARRY AWAY STORM DRAINAGE CREATED BY THAT CERTAIN NOW EXCLUSIVE MUTUAL
GRANT OF EASEMENT AND SANITARY LIFT STATION AGREEMENT FILED DECEMBER 24, 1984 AT OFFICIAL
RECORDS BOOK 12363, PAGE 1680, AS EXTEN DED AND MODIFIED BY THAT CERTAIN NOW EXCLUSIVE GRANT
OF EASEMENT AND SANITARY LIFT STATION AGREEMENT FILED FEBRUARY 28, 1986 IN OFFICIAL RECORDS BOOK
12805, PAGE 2214,SUBJECT TO THE TERMS AND PROVISIONS THEREOF.
PARCEL 2:
A PARCEL OF LAND IN SECTION 3,TOWNSHIP 52 SOUTH, RANGE 42 EAST, MIAMI-DADE COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE RIGHT-OF-WAY OF STATE ROAD 852 AS RECORDED IN
OFFICIAL RECORDS BOOK 7001, AT PAGE 72 1, OF THE PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA;
THENCE N87"32'00" E, 115.00 FEET TO THE POINT OF BEGINNING;THENCE NO2 " 28'00" W, 10 1.51 FEET TO AN
INTERSECTION WITH A NOW TANGENTIAL CURVE, CONCAVE TO THE NORTHEAST, HAVING A TANGENT
BEARING OF S66"27't6" E AND A RADIUS OF 1290.92 FEET; THENCE SOUTHEASTERLY FOR 308.64 FEET ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 13°41'55"' TO AN INTERSECTION WITH A NON-TANGENTIAL
CURVE, CONCAVE TO THE NORTH, HAVING A TANGENT BEARING OF S86"50'00" WAND A RADIUS OF 5829.58
FEET; THENCE WESTERLY FOR 71.21 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00 "42'00";
THENCE S87"32'00"W,219.64 FEET TO THE POINT OF BEGINNING
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CITY OF AVENTURA RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL,
PURSUANT TO SECTION 31-145(B) OF THE CITY CODE OF
ORDINANCES; (1) TO ALLOW A DENSITY OF 69 DWELLING UNITS PER
ACRE FOR A PROJECT THAT PROVIDES RESIDENTIAL UNITS AS
HERO HOUSING WHERE THE CITY CODE ALLOWS UP TO 25
DWELLING UNITS PER ACRE; (2) TO ALLOW RESIDENTIAL UNITS ON
THE GROUND FLOOR LEVEL WHERE RESIDENTIAL USES ARE
ALLOWED ONLY ON THE SECOND OR HIGHER FLOORS; (3) TO
ALLOW STRUCTURED PARKING THAT IS NOT INCORPORATED INTO
THE BUILDING ENVELOPE OF A PRIMARY USE STRUCTURE; AND (4)
TO ALLOW A BUILDING HEIGHT OF 26 STORIES (311'4") WHERE THE
CITY CODE ALLOWS 4 STORIES (50'); FOR THE PROPERTY LOCATED
AT 2999 NE 191 STREET; PROVIDING FOR CONDITIONS OF
APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Chapter 31, "Land Development Regulation", Article VII,
Use Regulation, Section 31-145(b) "Town Center (TC1) District" of the City Code of
Ordinances, Bercow, Radell, Fernandez & Tapanes (the "Applicant") on behalf of
Aventura 2999 LLC, has applied to the City of Aventura (the "City") for Conditional Use
approval (Application No. CUP 2305-0001) related to the development of a mixed use
project (the "Development") located at 2999 NE 191 Street, in the TC1 District, as legally
described in Exhibit "A" (the "Property"); and
WHEREAS, pursuant to City Code Section 31-145(b)(3)q, the Applicant has
requested Conditional Use Approval to permit a density of 69 dwelling units per acre for
the Property which will provide residential units as HERO Housing, where the City Code
permits 25 units per acre; and
WHEREAS, pursuant to City Code Section 31-145(b)(3)h, the Applicant has
requested Conditional Use Approval to permit residential units on ground floor level,
where residential uses in this district are allowed on the second or higher floors; and
WHEREAS, pursuant to City Code Section 31-145(b)(3)i, the Applicant has
requested Conditional Use Approval to permit structured parking that is not incorporated
into the building envelope of a primary use structure; and
WHEREAS, pursuant to City Code Section 31-145(b)(3)e, the Applicant has
requested Conditional Use Approval to permit a height of 26 stories (3114") where the
City Code permits four stories (50'); and
City of Aventura Resolution No. 2023-
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 a density of 69
dwelling units per acre for a project that will provide residential units as HERO Housing,
where the City Code permits 25; (2) to permit residential units on the ground floor level,
where residential uses in this district are allowed on the second or higher floors, (3) to
permit structured parking that is not incorporated into the building envelope of a primary
use structure; and (4)to permit a height of 26 stories (3114")where the City Code permits
four (50') for the Property, is hereby granted, subject to the conditions set out in Section
3 of this Resolution.
Section 3. Approval of the Conditional Use Application above is subject to the
following conditions-
1. Execution of a HERO Housing Agreement consistent with the City's adopted HERO
Housing Guidelines allocating 20 residential dwelling units within the proposed
development to the City's HERO Housing program as defined in Section 31-21 of the
City Code is required prior to receiving Administrative Site Plan Approval.
2. Building permit applications must be consistent with drawings as submitted on
October 11, 2023 and listed in the drawing index included as 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-1 zoning district regulations, and all other applicable regulations
as provided within the City of Aventura Land Development Regulations.
3. Prior to receiving permits for any permanent structure, verification of Miami-Dade
County Schools' finding that School Concurrency has been met must be provided and
applicable School Impact Fees must be paid.
4. On-Demand Vehicle: ICON will be responsible to pay $125,000 annually for 10 years
to fund City-provided on-demand vehicle service in Aventura with the first payment
Page 2 of 4
City of Aventura Resolution No. 2023-
due prior to permit issuance and remaining payments due on the anniversary date of
the first payment.
5. Storage Space: A minimum of 10,000 square feet of dehumidified secured storage
space accessible at all times is to be provided to the City within the garage concurrent
with the Certificate of Occupancy for the building.
6. Non-vehicular Multi-use Path: Applicant shall fund the design and construction of a
non-vehicular multi-use path from ICON to West Country Club Drive within the
southernmost portion of FDOT right-of-way along Lehman Causeway, including the
required barriers from the Lehman Causeway and the Aventura Government Center.
7. Tree Preservation: Minimize the number of trees to be removed from the site or find
in-city location for transplants.
8. The artificial plants used in the facade of the parking garage shall be changed at least
every 6 months in order to provide a varying (not stagnant) appearance.
9. A contribution of $1,000,000 to be used by the City to offset the impacts of the
development shall be provided prior to the Certificate of Occupancy.
10.The preceding conditions are in addition to and not in lieu of 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.
Page 3 of 4
City of Aventura Resolution No. 2023-
The foregoing Resolution was offered by Commissioner who moved its
adoption. The motion was seconded by Commissioner and upon being put to
a vote, the vote was as follows:
Commissioner Amit Bloom
Commissioner Rachel S. Friedland
Commissioner Billy Joel
Commissioner Dr. Linda Marks
Commissioner Michael Stern
Vice Mayor Paul A. Kruss
Mayor Howard S. Weinberg
PASSED AND ADOPTED this 7t" day of November, 2023.
HOWARD S. WEINBERG, ESQ.
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 day of November, 2023.
CITY CLERK
Page 4 of 4
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL I:
A PORTION OF TRACT II OF FIFTH ADDITION BISCAYNE YACHT AND COUNTRY CLUB, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 99, AT PAGE 20, OF THE PUBLIC RECORDS OF MIAM I - DADE COUNTY,
FLORIDA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID TRACT II: THENCE N87"32'00"E ALONG THE NORTH LINE
OF SAID TRACT II FOR 334.64 FEET TO A POINT OF CURVE; THENCE NORTHEASTERLY ALONG THE ARC OF
SAID CURVE TO TH E LEFT HAVING A RADIUS OF 5829.58 FEET AND A CENTRAL ANGLE OF 00 " 42' 04"
FOR AN ARC DISTANCE OF 71.33 FEET TO A POINT ON THE ARC OF A CURVE TO THE NORTHEAST SAID
POINT BEARS S09"50'42"W FROM THE CENTER OF SAID CURVE; THENCE SOUTHEASTERLY ALONG THE ARC
OF SAID CURVE TO THE LEFT HAVIN G A RADIUS OF 1290.92 FEET AND A CENTRAL ANGLE OF 091, 08'59" FOR
AN ARC DISTANCE OF 206. 15 FEET: THENCE N83"59'09" FOR 158.32 FEET TO A POINT; THENCE S02"27'24" FOR
157.27 FEET TO A POINT;THENCE N87"32'36"E FOR 125.00 FEET TO A POINT:THENCE S02" 27'24" FOR 56.00 FEET
TO A POINT ON THE SOUTH LINE OF SAID TRACT II ; THENCE S87"32'36"W ALONG THE SOUTH LINE OF SAID
TRACT II FOR 22 0.73 FEET; THENCE S87"32'36"W ALONG THE SOUTH LINE OF SAID TRACT II FOR 670.25
FEET TO THE SOUTHWEST CORNER OF SAID TRACT II; THENCE NO2"58'20"W ALONG THE WEST LINE OF SAID
TRACT II FOR 229.93 FEET TO THE POINT OF BEGINNING; LESS THE SOUTH 35 FEET OF THE WEST 70 FEET OF SAID
TRACT II CONVEYED TO MIAMI-DADE COUNTY FOR HIGHWAY RIGHT-OF-WAY,
TOGETHER WITH THE BENEFIT OF THE FOLLOWING:
EASEMENT FOR THE INSTALLA TION, OPERATION, MAINTENANCE, REPAIR AND/OR REPLACEMENT OF (A) SUB-
SURFACE PIPES, LINES AND CONDUITS TO PROVIDE REASONABLE QUANTITIES OF WATER, ELECTRICITY, GAS,
TELEPHONE SERVICE, STORM WATER, DRAINAGE, SEWERAGE AND SANITATION FACILITIES,AND (B) A SURFACE
STORM DRAINAGE TO CARRY AWAY STORM DRAINAGE CREATED BY THAT CERTAIN NON-EXCLUSIVE MUTUAL
GRANT OF EASEMENT AND SANITARY LIFT STATION AGREEMENT FILED DECEMBER 24, 1984 AT OFFICIAL
RECORDS BOOK 12363, PAGE 1680, AS EXTEN DED AND MODIFIED BY THAT CERTAIN NON- EXCLUSIVE GRANT
OF EASEMENT AND SANITARY LIFT STATION AGREEMENT FILED FEBRUARY 28, 1986 IN OFFICIAL RECORDS BOOK
12805, PAGE 2214,SUBJECT TO THE TERMS AND PROVISIONS THEREOF.
PARCEL 2:
A PARCEL OF LAND IN SECTION 3,TOWNSHIP 52 SOUTH, RANGE 42 EAST, MIAMI-DADE COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE RIGHT-OF-WAY OF STATE ROAD 852 AS RECORDED IN
OFFICIAL RECORDS BOOK 7001, AT PAGE 72 1, OF THE PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA;
THENCE N87"32'00" E, 115.00 FEET TO THE POINT OF BEGINNING;THENCE NO2 " 28'00" W, 10 1.51 FEET TO AN
INTERSECTION WITH A NON- TANGENTIAL CURVE, CONCAVE TO THE NORTHEAST, HAVING A TANGENT
BEARING OF S66"27't6" E AND A RADIUS OF 1290.92 FEET; THENCE SOUTHEASTERLY FOR 308.64 FEET ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 13°41'55"' TO AN INTERSECTION WITH A NON-TANGENTIAL
CURVE, CONCAVE TO THE NORTH, HAVING A TANGENT BEARING OF S86"50'00" WANDA RADIUS OF 5829.58
FEET; THENCE WESTERLY FOR 71.21 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00 "42' 00";
THENCE S87"32'00"W,219.64 FEET TO THE POINT OF BEGINNING
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CITY OF "ENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson "' �ager
BY: Keven R. Klopp
Community Development Director
DATE: November 3, 2023
SUBJECT: Request for Variance from Section 31-171(b)(3) of the City's Land
Development Regulations (LDR's) to Permit 308 Parking Spaces
Where 345 are Required and Allowing for the Removal of Three (3)
Parking Spaces to Accommodate a Gated Entry on 3605 NE 207 Street
(the "Property") (VAR2309-0001)
November 7, 2023 Local Planning Agency Meeting Agenda
November 7, 2023 City Commission Meeting Agenda
RECOMMENDATION
It is recommended that the City Commission approve the request to permit 308 parking
spaces where 345 are required and allow the removal of three (3) parking spaces to
accommodate a gated entry on the Property.
THE REQUEST
The applicant, Air Waterways Village, LLC, is requesting a variance from Section 31-
171(b)(3) of the LDR's to permit 308 parking spaces where 345 are required and allow
the removal of three parking spaces to allow the construction of a gated entry (See Exhibit
#1 for Letter of Intent).
BACKGROUND
OWNER OF PROPERTY Air Waterways Village, LLC
APPLICANT Air Waterways Village, LLC
ADDRESS OF PROPERTY 3605 NE 207 Street (See Exhibit#2 for
Location Map).
SIZE OF PROPERTY Approximately 6.04 acres
LEGAL DESCRIPTION Tracts H-1 and V of The Waterways Section 6 -
First Addition, according to the plat thereof, as
recorded in Plat Book 138, At Page 64, of the
Public Records of Miami-Dade County, Florida,
As One. See Exhibit #3 for Legal Description.
Zoning —
Subject Property RMF3 — Multi-Family Med. Density Residential
ROS — Recreation Open Space
Properties to the North RMF4 - Multi-Family High Density Residential
Properties to the South ROS — Recreation Open Space
Properties to the East RMF3 - Multi-Family Med. Density Residential
Properties to the West B2 - Community Business
ROS — Recreation Open Space
Existing Land Use —
Subject Property Multi-Family Residential
Properties to the North Preservation
Properties to the South Preservation
Properties to the East Single-Family Residential
Properties to the West Retail
Future Land Use —
Subject Property Medium Density Residential
Properties to the North Water
Properties to the South Water
Properties to the East Medium Density Residential
Properties to the West Business and Office
The Site —The subject site is a 6.04 acre parcel adjacent to the Island Way single family
residential subdivision to the East; Waterways Shoppes to the West; submerged lands to
the North; and 207t" Street to the South.
The Project — The applicant has applied for administrative approval of a guard house
and controlled entry under City File No. EF2202-0001. This application was reviewed by
the City's engineering consultant and was deemed compliant with the specifications and
stacking space requirements of Section 31-171 (e) of the City's Land Development
2
Regulations (the "LDRs"). However, in order to accommodate the new gated entry, three
(3) parking spaces need to be removed.
The Property - The property consists of four multifamily buildings accommodating 180
residential units of one, two and three bedrooms and 311 parking spaces (See Exhibit#4
for the Property's survey). This property was built in the year 1991, before the City's
incorporation. Upon the City's adoption of new parking requirements, the Property
immediately became legally non-conforming as the Property contains 311 parking spaces
where 335 parking spaces are required under the new zoning code.
ANALYSIS
Consistency with Comprehensive Master Plan — The request is consistent with the
City of Aventura Comprehensive Plan. This property is located within a Medium Density
Residential land use designation.
Citizen Comments — Notices were mailed and the property was posted as required by
City Code. The Community Development Department has received no written citizen
comments to date.
Community Development Department Analysis—The Property is located in the RMF3,
Multifamily Medium Density Residential district. Low rise multifamily apartments up to 25
dwelling units per acre are allowed in the district. The Property has a density of 30
dwelling unite per acre, consistent with the regulations preceding the City's incorporation
and with the legal non-conformity of the development.
Criteria
The guidelines for approval of variances as required by Section 31-76(e) of the City' s
Land Development Regulation state:
Standards of review. A variance shall be granted only where competent and substantial
evidence presented in the particular case shows that all of the following are met-
(1) The particular physical surroundings, shape, topographical condition, or
other physical or environmental condition of the specific property involved
would result in a particular hardship upon the owner, as distinguished from
a mere inconvenience, if the regulations were carried out literally.
The applicant advises that a strict application of the City's parking requirements would
result in particular hardship to the Owner as the Property was constructed prior to the
City's adoption of its existing parking regulations. The Property contains no square
footage for the placement of additional parking spaces.
3
(2) The conditions upon which the request for a variance is based are unique
to the parcel and would not be generally applicable to other property within
the vicinity.
The existing legal non-conformity is unique to the Property as the Property was
constructed prior to the City's incorporation in 1995 and adoption of its parking
requirements in 1999. Currently, the Property does not provide entry gates, which is a
common feature found in numerous neighborhoods in the City, including the two (2) gated
communities directly abutting the Property to the east.
(3) The alleged difficulty or hardship is not economic and has not been
deliberately created to establish a use or structure, which is not otherwise
consistent with the LDR.
The hardship is not economic and has not been deliberately created. The Owner seeks
to improve the safety and security of its residents by constructing a guard house and
controlled entry system.
(4) The granting of the variance will not be detrimental to the public welfare or
injurious to other property or improvements in the vicinity.
The granting of the variance will not be detrimental to the public welfare. In fact, the
Project prioritizes the safety and security of the residents.
(5) The proposed variance will not substantially increase the congestion in the
public streets, or increase the danger of fire, or endanger the public safety,
or substantially diminish or impair property values within the vicinity.
The granting of the variance will not substantially increase congestion along NE 207
Street, or increase the danger of fire, endanger public safety, or substantially diminish or
impair property values within the vicinity. Pursuant to the Entry Gate Analysis, dated June
24, 2022, and submitted in connection with City File No. EF2202-0001, all anticipated
queues are expected to be accommodated on the Property and not on NE 207 Street.
Thus, the Project will not result in increased queuing on NE 207 Street. Further, the
Project will improve public safety by providing for more security at the Property. The
Project will not diminish or impact property values as properties with enhanced security
tend to maintain their values as they have added security.
It is recommended that the request for variances be granted subject to the following
conditions:
CONDITIONS
Plans shall substantially comply with those submitted as follows:
■ "Waterways Village Entry Gate Improvements" Sheets C100.0, C200.0; C201.0 &
C300.0 Prepared by Kimley Horn; signed and sealed on 07/21/2022.
4
EXHIBIT#1
Ethan B.Wasserman,Esq.
(305)579-0784
wassermane ftflaw.com
September 12,2023
VIA ELECTRONIC DELIVERY
Mr. Keven Klopp
Community Development Director
City of Aventura
19200 W Country Club Drive
Aventura,FL 33180
Re: Letter of Intent for Parking Variance for Waterways Village 3605 NE 207 Street,
Folio No.: 28-1235-054-0020 (the "Property")
Dear Mr. Klopp:
We represent AIR Waterways Village, LLC (the "Owner"), in connection with certain
land use and zoning matters relating to the Property. The Property is located at 3605 NW 207
Street, just east of the Waterways Shoppes, and is zoned Multi-Family Medium Density
Residential (RMF3). See Figure 1, below. We respectfully submit this Letter of Intent requesting
a variance from the City of Aventura (the "City") parking requirements in connection with the
development of a security guard house at the entrance of the Property (the "Application").
e
Figure 1
The Property, known as Waterways Village, is a waterfront community located adjacent to
Loggerhead Marina and contains 180 multi-family units and 311 parking spaces. Waterways Village
was built in 1991,under the jurisdiction of Miami-Dade County, and four(4)years prior to the City's
incorporation. In 1995,the City incorporated, and in 1999 the City adopted its multifamily parking
requirements for zoning purposes. Upon the City's adoption of new parking requirements, the
Property immediately became legally non-conforming as the Property contains 311 parking spaces
where 335 parking spaces are required. The Property has existed and operated in this way for over
ACTIVE 506942060
thirty (30)years. As a result, the Owner has vested rights,pursuant to Section 31-3, City Code, as
it pertains to parking.
In 2022, the Owner filed an Administrative Guard House Approval and Controlled Entry
Application for the approval of a new guard house and controlled entry system at the Property(the
"Project"). See City File No. EF2202-0001. Currently, the Property has no existing guard gate,
and the new guard house and controlled entry system will allow for better security and operational
control of the Property. Given the as-built site constraints,the Project requires the removal of three
(3) parking spaces, which will allow for more efficient and proper vehicle maneuverability and
access. As a result, the Owner respectfully requests a variance from the City Code to allow for a
reduction in three (3) parking spaces. Please note, in the immediate area, most similarly situated
residential communities contain a type of security guard structure for the protection of residents.
Pursuant to Section 31-76, City Code, the Owner may apply for limited relief from the
requirements of the City's Land Development Regulations where strict application of those
requirements will create a practical difficulty or unnecessary hardship. Specifically, the Owner
must demonstrate the following:
(1) The particular physical surroundings, shape, topographical condition, or other physical
or environmental condition of the specific property involved would result in a particular
hardship upon the owner, as distinguished from a mere inconvenience, if the regulations
were carried out literally.
A strict application of the City's parking requirements would result in particular
hardship to the Owner as the Property was constructed prior to the City's adoption of its
existing parking regulations.A strict application of the City's parking requirements would
require the Owner to construct an additional eighteen (18)parking spaces on the Property.
As stated above, the Property was constructed in 1991 with 180 multi-family units. The
Property contains no square footage for the placement of eighteen (18) additional parking
spaces. The existing conditions of the Property are not a result of the Owner as the Owner
purchased the Property in 2016. Furthermore, this is safety feature enjoyed by similarly
situated properties, and should be allowed for similar safety measures.
(2) The conditions upon which the request for a variance is based are unique to the parcel
and would not be generally applicable to other property within the vicinity.
The existing legal non-conformity is unique to the Property as the Property was
constructed prior to the City's incorporation in 1995 and adoption of its parking
requirements in 1999. Currently, the Property does not provide entry gates, which is a
common feature found in numerous neighborhoods in the City,including the two (2) gated
communities directly abutting the Property to the east.
(3) The alleged difficulty or hardship is not economic and has not been deliberately created
to establish a use or structure which is not otherwise consistent with the LDR.
The hardship is not economic and has not been deliberately created. The Owner purchased
the Property in 2016, with the existing legal non-conformity in place. The Owner seeks to
ACTIVE 506942060
improve the safety and security of its residents by constructing a guard house and
controlled entry system.
(4) The granting of the variance will not be detrimental to the public welfare or injurious to
other property or improvements in the vicinity.
The Application and Project will not be detrimental to the public welfare or injurious to
other property or improvements in the vicinity. The Application and Project prioritizes the
safety and security of the residents. The Applicant's traffic engineer has confirmed that
the Project will not create a negative impact on traffic queuing along NE 207 Street.
(5) The proposed variance will not substantially increase the congestion in the public streets,
or increase the danger offire, or endanger the public safety, or substantially diminish or
impair property values within the vicinity.
The Application will not substantially increase congestion along NE 207 Street, or increase
the danger of fire, endanger public safety, or substantially diminish or impair property
values within the vicinity. Pursuant to the Entry Gate Analysis, dated June 24, 2022, and
submitted in connection with City File No. EF2202-0001, all anticipated queues are expected
to be accommodated on the Property and not on NE 207 Street. Thus, the Project will not
result in increased queuing on NE 207 Street. Further,the Project will improve public safety
by providing for more security at the Property. The Project will not diminish or impact
property values as properties with enhanced security tend to maintain their values as they
have added security.
Based on the foregoing, we look forward to your Department's favorable consideration of
the Application. As always, should you have any questions or require additional information,
please do not hesitate to contact me at(305) 579-0784.
Sincerely,
GREENBERG TRAURIG
Ethan B. Wasserman, Esq.
ACTIVE 506942060
City of Aventura - Location Map EXHIBIT #2
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DocuSign Envelope ID:2146COAB-913B-478F-B812-3BB045E76789 EXHIBIT
Exhibit A
All of THE WATERWAYS SECTION 6 -FIRST ADDITION, according to the Plat
thereof as recorded M* Plat Book 138,Page 64, of the Public Records of Miami-Dade
County, Florida.
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PRIVATE CANAL
CITY OF AVENTURA RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, GRANTING A VARIANCE FROM SECTION 31-
171(B)(3) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO
PERMIT 308 PARKING SPACES WHERE 345 ARE REQUIRED AND
ALLOWING FOR THE REMOVAL OF THREE (3) PARKING SPACES
FOR THE EXISTING DEVELOPMENT LOCATED AT 3605 NE 207
STREET; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the property, legally described in Exhibit "A", is zoned RMF3,
Multifamily Medium Density Residential District; and
WHEREAS, the applicant, AIR Waterways Village, LLC, through Application No.
VAR2309-0001("Application"), is requesting a variance from Section 31-171(b)(3) of the
City Code to permit the removal of three (3) parking spaces to accommodate a new gated
entry; and
WHEREAS, the Property is legal non-conforming with 311 parking spaces where
345 are required by Code; and
WHEREAS, removing three (3) parking spaces will intensify the Property's non-
conforming status; 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. Application for Variance from Section 31-171(b)(3) of the City Code to
permit 308 parking spaces where 345 are required and allowing for the removal of three
(3) parking spaces to accommodate a new gated entry, at the Property legally described
in Exhibit "A", is hereby granted exclusively to the applicant, subject to the following
conditions:
1. Plans submitted for building permit shall substantially comply with those
submitted as follows:
■ Waterways Village Entry Gate Improvements" Sheets C100.0, C200.0;
C201.0 & C300.0 Prepared by Kimley Horn; signed and sealed on
07/21/2022.
City of Aventura Resolution No. 2023-
2. Building permits shall be obtained within 12 months of the date of this
Resolution, failing 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
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 , who moved its
adoption. The motion was seconded by Commissioner and upon being put to
a vote, the vote was as follows:
Commissioner Amit Bloom
Commissioner Rachel S. Friedland
Commissioner Billy Joel
Commissioner Dr. Linda Marks
Commissioner Michael Stern
Vice Mayor Paul A. Kruss
Mayor Howard S. Weinberg
PASSED AND ADOPTED this 7t" day of November, 2023.
Page 2 of 4
City of Aventura Resolution No. 2023-
HOWARD S. WEINBERG, ESQ.
ATTEST: MAYOR
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 3 of 4
City of Aventura Resolution No. 2023-
EXHIBIT "A"
Legal Description
All of THE WATERWAYS SECTION 6 —FIRST ADDITION, according to the Plat thereof as
recorded in Plat Book 138, Page 64, of the Public Records of Miami Dade County, Florida.
Page 4 of 4
CITY OF "ENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson _
City Manager
BY: Keven Klopp 9
Community Development Director
DATE: November 3, 2023
SUBJECT: Request for Conditional Use Approval for a Commercial Development
Proposed at 21280-21288 Biscayne Boulevard (the "Property")
(File No. CUP2310-0001)
November 7, 2023 Local Planning Agency Meeting Agenda
November 7, 2023 City Commission Meeting Agenda
RECOMMENDATION
It is recommended that the City Commission approve the Conditional Use request to
facilitate the commercial redevelopment of the property known as Public Storage
Aventura.
THE REQUEST
The applicant, Brian S Adler of Bilzin Sumberg, on behalf of PS Aventura Biscayne 2013
LLC and Public Storage Properties VI Inc. (collectively "Public Storage"), is requesting
Conditional Use approval pursuant to Section 31-144(f)(2)j of the City Code to permit a
self-storage facility on the Property; and Conditional Use approval pursuant to Section
31-144(f)(2)1 to permit a floor area ratio (FAR) of 1.88 for the development of a building
that attains LEED Gold or Platinum certification. (See Exhibit #1 for Letter of Intent)
BACKGROUND
OWNER OF PROPERTY Public Storage Properties VI Inc.
PS Aventura Biscayne 2013 LLC
APPLICANT Public Storage Properties VI Inc.
PS Aventura Biscayne 2013 LLC
ADDRESS OF PROPERTY 21280 Biscayne Boulevard
21288 Biscayne Boulevard (See Exhibit #2 for
Location Map).
SIZE OF PROPERTY Approximately 6.16 acres
LEGAL DESCRIPTION That part of lots 3 and 4, block 3, lying westerly
of the westerly right of way line of federal
highway, also known as state road no. 4 and us
no. 1, as said lots and block are shown on map
of Hallandale; recorded in Plat Book B, at Page
13, of the Public Records of Miami-Dade
County, Florida.
AND
Map of Hallandale Plat Book B, at Page 13
N240.04ft of S513.03ft of Lots 3 & 4 W of Fed
Hwy Less W25ft for RW Blk 3
(See Exhibit#3 for complete Legal Description).
Zoning —
Subject Property MO — Medical Office District
Properties to the North MO — Medical Office District
B2 — Community Business District
Properties to the South MO — Medical Office District
Properties to the East B2 — Community Business District
Properties to the West MO — Medical Office District
Existing Land Use —
Subject Property Warehouse or Storage
Properties to the North Mixed-Use Development
Properties to the South Medical Offices
Properties to the East Retail
Properties to the West Medical Offices
Future Land Use —
Subject Property Business and Office
Properties to the North Business and Office
Properties to the South Business and Office
Properties to the East Business and Office
Properties to the West Business and Office
The Site — The existing site consists of two parcels of approximately 6.16 acres. These
parcels are situated with frontage on Biscayne Boulevard to the east, 1212 Aventura to
the north and Aventura Hospital to the south. To the west, the northern parcel borders the
2
upcoming Aventura Eco Offices, and the southern parcel faces NE 28th Ave. The
northern parcel, covering approximately 1.61 acres, presently accommodates a two-story
self-storage facility built in 1992. This facility is characterized by ground floor roll-up
garage doors lining the building. The southern parcel, spanning around 4.55 acres,
features a four-story building facing Biscayne Boulevard, which was redevelop in 2014
with a more contemporary style of storage facility. On the west side of the parcel, facing
NE 28 Avenue, there are five buildings constructed in 1981 with additional ground floor
storage facilities.
The Project - Public Storage aims to enhance the Property by demolishing the current
traditional style facilities and replacing them with two five-story structures to complement
the existing four-story building constructed in 2014 and approved under Resolution 2013-
13. The applicant has requested conditional use approval pursuant to Section 31-
144(f)(2)j to permit self-storage facilities on the Property and conditional use approval
pursuant to Section 31-144(f)(2)I of the Land Development Regulations (the "LDRs") to
permit a floor area ratio (FAR) of 1.88 for a LEED certified building.
The Administrative Site Plan Approval Application No. SP2310-0001 is currently under
review by City staff. Concurrently with this request, the applicant is seeking approval for
variances, via application No. VAR2310-0001, to allow 60 parking spaces where 103
parking spaces are required by the LDRs and to permit 28% of landscaped open space
where a minimum of 33% landscaped open space is required.
ANALYSIS
Consistency with Comprehensive Master Plan — The request is consistent with the
City of Aventura Comprehensive Plan. This property is located within a Business and
Office land use designation.
Citizen Comments — Notices were mailed and the property was posted as required by
City Code. The Community Development Department has received no written citizen
comments to date.
Community Development Department Analysis-The Property is located in the Medical
Office district. Self-storage facilities are allowed in properties with a minimum lot size of
1.5 acres under Conditional Use approval. The property meets the lot size requirements
for the use.
Criteria
According to Section 31-73(c) of the City Code, a conditional use approval application is
evaluated using the following criteria:
1. The proposed use shall be consistent with the Comprehensive Plan.
3
The request is consistent with the City of Aventura Comprehensive Plan. The future land
use designation for this parcel is Business and Office. This category accommodates the
full range of sales and service activities.
2. The establishment, maintenance or operation of the proposed use shall not be
detrimental to or endanger the public health, safety or general welfare.
The establishment, maintenance and operation of the proposed use will not be
detrimental to or endanger the public health, safety or general welfare. The proposed use
is an expansion of an existing operation. As one of the lowest traffic generators, the
proposed use is anticipated to have minimal impact on the neighboring community and
produces far less traffic than other potential uses permitted on the Property.
3. The proposed use shall be consistent with the community character of the immediate
neighborhood of the proposed use.
The redevelopment of the site is maintaining the existing self-storage use.
4. Utilities, roadway capacity, drainage and other necessary public facilities, including
police, fire and emergency services shall exist at the City's adopted levels of service
or will be available concurrent with demand as provided for in the requirement of these
LDR's.
Utilities, roadway capacity, drainage and other necessary public facilities, including police,
fire and emergency services exist at the City's adopted levels of service or will be
available concurrent with demand as provided for in the City's Land Development
Regulations.
5. Adequate measures exist or shall be taken to provide ingress and egress to the
proposed use in a manner that minimizes traffic congestion in the public streets.
The proposed plan includes entrances with long throats along Biscayne Boulevard to
accommodate vehicles to minimize traffic congestion. Additionally, the self-storage
component, as one of the lower traffic generators, the use should not generate significant
traffic.
6. The establishment of the conditional use shall not impede the development of
surrounding properties for uses permitted in the zoning district.
The use itself is already existing on site, and the properties to the south and west are
developed, and the properties to the northeast and northwest are under construction, thus
there are no abutting properties that are either undeveloped or not under construction.
7. The design of the proposed use shall minimize adverse effects, including visual
impacts of the proposed use on adjacent property through the use of building
orientation, setbacks, buffers, landscaping and other design criteria.
4
The Property is being developed at 5 stories, which is lower than the abutting properties
to the north and south. The western portion of the southern property is abutting the 5-
story parking garage. Green Building design elements and landscape enhancements will
minimize adverse effects on the environment.
CONDITIONS OF APPROVAL
Based on the Analysis above, the application is found to meet the criteria for approval of
conditional uses in Section 31-73(c). Staff therefore recommends approval with the
conditions contained in this staff report.
1. Plans submitted for building permit shall substantially comply with those submitted
to the Community Development Department and approved under ASPA
application No. SP2310-0001.
2. Building permits shall be obtained within 12 months of the date of this Resolution,
failing which this approval shall be deemed null and void. The City Commission
may, by resolution or motion at a regular meeting, grant one extension of up to six
months for good cause shown by the applicant and upon written request for such
extension by the applicant within the initial 12-month approval period.
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 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 LEEDO
Gold certification by the US Green Building Council.
4. Property covenant will be required before site plan approval.
5. Landscape plans shall reflect the following requirements:
a. Proposed landscape fronting Biscayne Boulevard shall be creatively designed
to connect with the sidewalk and provide shading to the benefit of the residents.
b. Specimen trees shall be preserved whenever possible and to mitigate canopy
loss on site.
c. The right-of-way along NE 28th Avenue shall be improved with sidewalk and
standard landscaping.
6. Prior to the issuance of permits, Public Storage shall present evidence of having
engaged the utilities with overhead wires adjacent to the property as necessary to
initiate design and construction to place those utilities underground. Prior to the
issuance of a certificate of occupancy for any new building on site, all adjacent
overhead utility wires shall have been placed underground. The City will not,
5
however, unreasonably withhold certificates of occupancy in the event that the
utility work required by this condition is not complete solely due to utility delays
despite the timely best efforts and financial commitment of Public Storage to have
the required undergrounding completed.
7. Prior to the issuance of permits, Public Storage shall provide any necessary
easement to accommodate the installation of a bus shelter at the existing bus stop
along Biscayne Blvd. in front of the Public Storage properties. Subsequent to the
issuance of permits, the City will obtain permits and install the shelter. Prior to the
issuance of a certificate of occupancy, Public Storage shall reimburse the City for
its expenses related to the permitting and installation of the shelter up to but not
exceeding $50,000. In the event that the shelter has been started but not
completed prior to Public Storage being ready for a C.O., Public Storage shall
provide the City a letter of credit in the amount of $50,000 which may be drawn
against pursuant to this resolution.
DISCLAIMER AND CONDITION
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.
6
DocuSign Envelope ID: DB2B58D6-62CC-46D2-B8E2-E22D3C200989
Bilzin S er
Brian S.Adler
EXHIBIT#1 :w 305-350-2351
Fax 305-351-2206
badler@bilzin.com
October 5, 2023
Mr. Keven Klopp
Community Development Director
City of Aventura
Government Center
19200 W. Country Club Drive, 4th Floor
Aventura, Florida 33180
Re: Public Storage Letter of Intent
Application for Conditional Use Approval and Variances
21280-21288 Biscayne Boulevard, Aventura, FL
Folio No. 28-1234-001-0190 and-0200 (collectively, the "Property")
Dear Mr. Klopp:
Letter of Intent
This firm represents PS Aventura Biscayne 2013 LLC and Public Storage
Properties VI Inc. as the owners of the above Property (collectively, "Owner" or "Public
Storage"). Please consider this our formal Letter of Intent in connection with applications
for Conditional Use Approval and Variances related to the proposed redevelopment and
modified development of the Property.
A. The Property
The Property consists of approximately 6.16 +/- acres located west of Biscayne
Boulevard between theoretical NE 212t" Street and NE 213t" Street, north of the HCA
Florida Aventura Hospital and south of the development currently under construction to
the north. The property consists of two folio numbers, the northern parcel which extends
mid-block to the west, and the southern parcel with extends west from Biscayne
Boulevard to NE 28t" Avenue.
The Property is designated Business and Office on the City of Aventura Future
Land Use Plan Map ("FLUM"), and is zoned MO, Medical Office District, under the City of
Aventura Zoning Map.
Bilzin Sun-d_ier I.te n.a P3'It'e&Axtdrod LLP . 1,450 B ic kel].Averse,.3,r , Floor,NfianJ,Florida 331 1 3436
'i e1 3o5,, . 1.,.780 Fax, 1,o,,5...74.,are); 1 bi lzin,c im
DocuSign Envelope ID: DB2B58D6-62CC-46D2-B8E2-E22D3C200989
Mr.Kevin Klopp
October 5, 2023
Page 2 C> i i Sumberg
B. The Property History
The Property is owned by Public Storage, and both portions of the Property house
self-storage facilities. Both developments were initially constructed while the properties
were under the jurisdiction of Miami-Dade County. The northern portion of the property
was developed in 1992 and the southern portion was initially developed in 1981. Both
properties were developed with the more traditional style of self-storage facilities typical
at the time, which were characterized by ground floor roll up garage-style doors lining the
buildings.
Over time, self-storage facilities have been modernized, internalizing the majority
of the units and better blending into the surrounding area. In 2014, the front portion of
the southern portion of the Property was redeveloped along the Biscayne Boulevard
frontage with a more modern four-story storage featuring a glass frontage and parapets
and more reminiscent of the more modern type of storage facilities. However, the western
portion of the Property and the northern portion of the Property remain with the historic
roll-up gate style facilities.
Public Storage owns the Property and is seeking to upgrade and modernize the
remainder of the Property, consistent with the 2014 redevelopment along Biscayne
Boulevard. Specifically, Public Storage is seeking to maintain the newer southern building
fronting on Biscayne Boulevard, but to demolish the existing roll-up gate facilities at the
western side of the southern portion of the Property and the northern portion of the
Property with a more modern structure that would blend with the surrounding area. As
Public Storage is the owner of both properties, rather than meeting current and future
demand by acquiring additional properties in the area to establish new self-storage
facilities, Public Storage is seeking to upgrade its existing facility to expand its capacity
on the existing Property with the proposed modern facilities that will not only serve the
surrounding community but will remain as one of the lowest traffic generators of any use
while providing a benefit for the community without corresponding traffic.
C. Proposed Development
Attached for your review is the proposed site plan for the upgraded Public Storage
facilities proposed on the Property. The proposed redeveloped site would eliminate the
roll-up door facilities and replace them with five-story self-storage facilities, less than half
the number of stories permitted as of right in the Medical Office District. The current
northern building currently provides minimal landscaping along Biscayne Boulevard. The
proposed new northern building is set further back from Biscayne Boulevard than the
existing facility and defines the street with a landscape buffer rather than the current
narrow landscape strip and parking existing today. The southwest portion of the Property
will also be redeveloped, again eliminating the current roll-up facility in the rear and
replacing it with a five-story facility adjacent to the five-story hospital parking garage.
MIAMI 10896326.1 84808/304937
DocuSign Envelope ID: DB2B58D6-62CC-46D2-B8E2-E22D3C200989
Mr.Kevin Klopp
October 5, 2023
Page 3 C> i i Sumberg
D. Requests
As part of the development, our client is requesting Conditional Use Approval for
(a) the self-storage facility use (which is already an existing use on the site); (b) retail on
the ground floor fronting Biscayne Boulevard within the Medical Office District; and (c) a
floor area ration (FAR) 1.88, where an FAR of up to 2.0 is permitted via conditional use
for Gold or Platinum LEED or other green building equivalent developments.
Additionally, our client is seeking variances related to (a) the number of parking spaces
required in order to avoid a sea of unused parking, and (b) the landscape open space
requirements, which are in excess of what is currently grandfathered on the Property but
below the 33% otherwise required under the City of Aventura Code of Ordinances ("City
Code") in the Medical Office District.
1. Conditional Use
(a) Requests
(i) Self-Storage Facility.
Pursuant to section of City of Aventura Code Section 31-144(f)(2)(j), Self-service
Storage Facilities on a minimum lot area of 1.5 acres is permitted in the MO district
through conditional use approval.
It is important to note that both properties exceed the 1.5 acres both separate and
combined, and both properties have existing self-storage facilities. Therefore, the
conditional use is not to create a new self-storage use but to modify and upgrade the
existing self-storage facilities on the Property.
(ii) Retail Uses Within a Non-Residential Building.
Pursuant to Section 31-144(f)(2)(d), retail uses as part of a non-residential
development, not exceeding 15% of the total gross interior square footage of the building,
are also permitted through conditional use approval.
The Property's location fronting along Biscayne Boulevard is an ideal location to
provide ground floor retail. Public Storage is proposing approximately 6,000 square feet
of ground floor retail along the frontage of the northernmost building along Biscayne
Boulevard. Therefore, we request conditional use approval for up to 15% retail on the
Property
(iii) Floor Area Ratio ("FAR").
Pursuant to City Code Section 14-115, buildings that attain LEED gold or platinum
certification (or the equivalent) are entitled to seek an FAR not to exceed 2.0 for properties
designated Business and Office under the City FLUM designation using Conditional Use
MIAMI 10896326.1 84808/304937
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October 5, 2023
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approval. As noted above, the Property is designated Business and Office under the City
FLUM. The development is proposed to be LEED gold or equivalent development and
is, therefore, seeking an FAR of 1.88.
(b) Standards for Conditional Use
Pursuant to the City Code Section 31-73(c), the proposed development meets the seven
enumerated criteria for conditional use approval as set forth below:
(i) The proposed use shall be consistent with the
Comprehensive Plan.
The request is consistent with the City of Aventura Comprehensive Plan as the FLUM
designation of the Property is Business and Office. Pursuant to page 18 of the City
Comprehensive Plan, the Business and Office land use category contemplates "the full
range of retail, wholesale, personal and professional services . . .," etc. The zoning and
land use categories both support restaurants and retail establishments as proposed.
(ii) The establishment, maintenance or operation of the proposed
use shall not be detrimental to or endanger the public health,
safety, or general welfare.
The proposed use is an expansion of an existing operation. As one of the lowest traffic
generators, the proposed use is anticipated to have minimal impact on the neighboring
community and produces far less traffic than other potential uses permitted on the
Property. Further, by redeveloping and increasing capacity on existing self-storage
facility sites, the redevelopment represents a more efficient utilization of the Property,
promoting the general welfare of the City. Further, retail frontage along Biscayne
Boulevard represents dual utilization of the site and allows for the providing of services to
the neighboring developments and medical district employees.
(iii) The proposed use shall be consistent with the community
character of the immediate neighborhood of the proposed
use.
The redevelopment of the site is maintaining the existing self-storage use with the addition
of retail. Self-storage is permitted through conditional use approval and represents an
identical use to what is on the Property, with the addition of retail which is supportive of
the surrounding neighborhood.
(iv) Utilities, roadway capacity, drainage, and other necessary
public facilities including police, fire and emergency services
shall exist at the City's Adopted Levels of Service, or will be
available concurrent with demand as provided for in the
requirement of these LDRs.
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Utilities, roadway capacity, drainage, and other necessary public faciIities including police,
fire and emergency services exist at the City's Adopted Levels of Service, or will be
available concurrent with demand.
Further, the northern portion of the Property has experienced historic and significant
stormwater issues as recent as earlier this year. Rather than a remodel of the northern
portion of the Property, a wholesale demolition will allow Public Storage to fully address
drainage on the Property, thus improving the level of service on the Property.
(y) Adequate measures exist or shall be taken to provide ingress
and egress to the proposed use in a manner that minimizes
traffic congestion in the public streets.
The proposed plan includes entrances with long throats along Biscayne Boulevard to
accommodate vehicles to minimize traffic congestion. Additionally, the self-storage
component, as one of the lower traffic generators, the use should not generate significant
traffic. The retail component is setback from the street to accommodate sufficient ingress
and egress for both uses.
(vi) The establishment of the conditional use shall not impede the
development of surrounding properties for uses permitted in
the zoning district.
The use itself is already existing on site, and the properties to the south and west are
developed, and the properties to the northeast and northwest are under construction, thus
there are no abutting properties that are either undeveloped or not under construction.
The proposed development, at a modest 5 stories, is less than half that permitted under
the Medical Office district as of right, and therefore, will not impact the development in the
district.
(vii) The design of the proposed use shall minimize adverse
effects including visual impacts of the proposed use on
adjacent property through the use of building orientation,
setbacks, buffers, landscaping and other design criteria.
As noted above, the Property is being developed at 5 stories, which is lower than the
abutting properties to the north and south. The western portion of the southern property
is abutting the 5 story parking garage, and the full perimeter of the development is
defined with landscape buffers.
2. Variances.
(a) Requests
0) Parkins.
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October 5, 2023
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Under the City Code, parking for self-storage facilities requires one parking space per 5,000
square feet of gross floor area plus one parking space per 300 square feet of gross floor area of
office, plus two spaces for living quarters (none are proposed). See City Code Section 31-
171(b)(7).
Over the years, numerous municipalities have modified their parking requirements related to self-
storage facilities to reflect the actual industry needs. For example, Miami-Dade County modified
its required parking for self-storage facilities to a require one parking space per the 5,000 square
feet only for the first 20,000 square feet, and then one parking space for 10,000 square feet
thereafter(with a minimum of 5 spaces), with one space per 400 square feet of office. See Miami-
Dade County Code Section 33-124(p). This reduction was in recognition of the fact that much of
the use is internalized within the buildings, coupled with the infrequency of actual trips to self-
storage facilities. In fact, based on the parking demand analysis prepared by JFO Group, Inc.,
the total parking that would be required by the ITE, Institute of Transportation Engineers, Parking
Generation Manual, would be a total of 64 spaces for the entire development including the retails
space. Our client is proposing 88 spaces on site—which is over 37% more than is anticipated to
be required under the ITE Manual. However, the Code would require 128 parking spaces. Rather
than defining the site with a vacant parking field, Public Storage is proposing a variance of the
parking requirements related to the number of parking spaces on site.
(ii) Landscape Open Space
As noted above, our client is seeking a variance related to landscape open space. The
current landscape open space on the Property consists of approximately 24.6 %. Public
Storage is proposing to redevelop of the site with a total of 28.1 % open space. The
Medical Office District generally requires 33% open space which far exceeds that which
is required under the other business district regulations. For example, shopping centers
with over a certain square footage are permitted a minimum landscape open space of
15% of the total lot area. Thirty-three percent is more than double the provided landscape
open space on the Property. The proposed redevelopment provides a landscape open
space as a buffer, defining the edges but seeks to internalize the buildings. Given it is not
a campus style setting where landscape is generally noticed within the site, the landscape
is instead heavily focused along Biscayne Boulevard, along the southern portion of the
Property to the west, and along the north and south perimeters.
The front of the northern portion of the Property is proposed to redefine the frontage with
a large landscape buffer along Biscayne Boulevard, rather than the narrow landscape
strip. While there is retail parking in the front, it is now proposed to be separated by a
much larger landscape buffer, widening as it traverses north to visually match Biscayne
Boulevard. Additionally, the proposed redevelopment now represents almost 15% more
landscaping than existing on the site.
MIAMI 10896326.1 84808/304937
DocuSign Envelope ID: DB2B58D6-62CC-46D2-B8E2-E22D3C200989
Mr.Kevin Klopp
October 5, 2023
Page 7 C> i i Sumberg
(b) Standards
Both requested variances comply with the standards of review pursuant to Section
31-76(e), as follows:
(i) The particular physical surroundings, shape, topographical condition, or
other physical or environmental condition of the specific property involved
would result in a particular hardship upon the owner, as distinguished from
a mere inconvenience, if the regulations were carried out literally.
The Property is irregularly shaped and angled along Biscayne Boulevard. The parking
regulations related to parking exceed what is permitted on site and the existing
development accommodates less landscaping than is proposed.
(ii) The conditions upon which the request for a variance is based are unique
to the parcel and would not be generally applicable to other property within
the vicinity.
Due to the Property's irregular shape, the existing buildings and the proposed use, the
basis for the requested variance is unique to the parcel and is not generally applicable to
other parcels within the vicinity.
(iii) The alleged difficulty or hardship is not economic and has not been
deliberately created to establish a use or structure which is not otherwise
consistent with the LDR.
The proposed use as a storage facility is consistent with the land development regulations
and the hardship is not economic.
(iv) The granting of the variance will not be detrimental to the public welfare or
injurious to other property or improvements in the vicinity.
The granting of the variance will not be detrimental to the public welfare. In fact, the
decreased parking represents an improvement to the public welfare than a sea of unused
asphalt and parking. The landscape open space is increasing on site and focused along
the perimeters to provide visual and green buffer areas.
(v) The proposed variance will not substantially increase the congestion in the
public streets, or increase the danger of fire, or endanger the public safety,
or substantially diminish or impair property values within the vicinity.
As noted above, the self-storage facility is one of the lower generators of traffic in the
industry. The granting of the proposed variances will not represent a significant increase
the congestion in the public streets as compared to the currently approved plan, and is
far less than maybe developed as of right. Additionally, they will not increase the danger
MIAMI 10896326.1 84808/304937
DocuSign Envelope ID: DB2B58D6-62CC-46D2-BSE2-E22D3C200989
Mr.Kevin Klopp
October 5, 2023
Page 8 BilzinSumberg
of fire, or endanger the public safety or substantially diminish or impair property values
within the vicinity.
E. Conclusion.
The proposed application represents a marked upgrade over the existing facilities on the
Property and to upgrade and modernize the facilities with structures that are compatible
with the area and much lower in traffic than could be produced on the site. The variances
represent improvements to the existing site and will have minimal impact on the area.
Based on the foregoing, we respectfully request your favorable review of the
application. Should you have any questions, please do not hesitate to contact me at (305)
350-2351.
Very truly yours,
15�ial& QJ&r
Brian S. Adler
BSA
MIAMI 10896326.1 84808/304937
City of Aventura - Location Map EXHIBIT #2
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""""" 0 0.42 0.85 1.7 km
............. Subject Property
___: Aventura Municipal Boundary
EXHIBIT"A"
Legal Description
THAT PART OF LOTS 3 AND 4, BLOCK 3, LYING WESTERLY OF THE WESTERLY RIGHT OF WAY LINE OF
FEDERAL HIGHWAY, ALSO KNOWN AS STATE ROAD NO. 4 AND US NO. 1, AS SAID LOTS AND BLOCK
ARE SHOWN ON MAP OF HALLANDALE; RECORDED IN PLAT BOOK B, AT PAGE 13, OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA. ALL BEING LOCATED IN THE SOUTHWEST 1/4 OF THE
NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 51 SOUTH, RANGE 42 EAST,
MIAMI-DADE COUNTY, FLORIDA; SAID PART OF LOTS 3 AND 4 BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE (P.O.C.) AT THE NORTHWEST CORNER OF SAID LOT 3 AND RUN DUE EAST ON AN
ASSUMED BEARING, ALONG THE NORTHERLY LINE OF SAID LOT 3, A DISTANCE OF 475.00, FEET TO
THE POINT OF BEGINNING (P.O.B.) THENCE RUN SOUTH 1°15'32" EAST, A DISTANCE OF 149.73 FEET;
THENCE RUN NORTH 890 5741" EAST, A DISTANCE OF 191.20 FEET TO THE DIVIDING LINE BETWEEN
SAID LOTS 3 AND 4; THENCE CONTINUE NORTH 89057'41" EAST ACROSS LOT 4, A DISTANCE OF
242.27 FEET TO THE WESTERLY RIGHT OF WAY LINE OF AFORESAID FEDERAL HIGHWAY; THENCE
RUN NORTH 24034'08" EAST ALONG THE SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 87.63
FEET TO THE POINT OF CURVATURE (P.C.) OF A CIRCULAR CURVE, CONCAVE NORTHWESTERLY AND
HAVING A RADIUS OF 3,784.83 FEET; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 1009'18.2", A DISTANCE OF 76.20 FEET TO THE NORTHERLY LINE OF
SAID LOT 4; THENCE RUN DUE WEST ALONG THE NORTHERLY LINE OF LOT 4, A DISTANCE OF 312.94
FEET TO THE DIVIDING LINE BETWEEN LOTS 3 AND 4; THENCE CONTINUE DUE WEST ALONG THE
NORTHERLY LINE OF SAID LOT 3, A DISTANCE OF 191.28 FEET TO THE POINT OF BEGINNING (P.O.B.).
AND
PARCEL: 1
BEING A PORTION OF THE SW '/a OF THE NE 1/4 OF THE NW '/a AND SE 1/4 OF THE NE 1/4 OF THE NW
'/a OF SECTION 34, TOWNSHIP 51 SOUTH, RANGE 42 EAST, MIAMI-DADE COUNTY, FLORIDA,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST LINE OF SAID SW '/a OF NE 1/4 OF NW '/a LOCATED 273.00 FEET
NORTH OF THE SOUTHWEST CORNER OF SAID SW 1/4; THENCE RUN EASTERLY PARALLEL TO AND
272.948 FEET NORTH OF THE SOUTH LINE OF SAID SW '/a AND SE 1/4 793.84 FEET TO THE WESTERLY
RIGHT-OF-WAY LINE OF FEDERAL HIGHWAY U.S. NO. 1; THENCE RUN NORTHEASTERLY ALONG SAID
RIGHT OF WAY 100.00 FEET; THENCE RUN WESTERLY PARALLEL TO AND 363.91 FEET NORTH OF THE
SOUTH LINE OF SAID SW '/a AND SE 1/4 837.29 FEET TO THE SAID WEST LINE OF SW 1/4; THENCE
RUN SOUTHERLY ALONG SAID WEST LINE 90.98 FEET TO THE POINT OF BEGINNING.
PARCEL: 2
THAT PART OF LOTS 3 AND 4, BLOCK 3 OF HALLANDALE, LYING WESTERLY OF THE RIGHT OF WAY OF
STATE ROAD #4, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK-B", AT PAGE 13 OF
THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY BOUNDARY LINE OF LOT 3, BLOCK 3, SAID
POINT BEING 150.05 FEET SOUTH OF THE NORTHWEST CORNER OF SAID LOT 3, BLOCK 3, RUN THENCE
EASTERLY ON THE LINE PARALLEL TO THE SOUTH LINE OF SAID LOTS 3 AND 4, A DISTANCE OF 908.47
FEET TO A POINT BEING ON THE WESTERLY LINE OF STATE ROAD #4 OR FEDERAL HIGHWAY U.S. #1;
THENCE RUN IN A SOUTHWESTERLY DIRECTION ON THE WESTERLY LINE OF STATE ROAD #4 A
DISTANCE OF 163.80 FEET TO A POINT; THENCE RUN ALONG A LINE DEFLECTING TO THE RIGHT
114031'49" SAID LINE BEING PARALLEL TO THE SOUTH LINE OF SAID LOTS 3 AND 4, BLOCK 3, A
DISTANCE OF 837.29 FEET TO A POINT THENCE ALONG A LINE DEFLECTING 91031'03",TO THE RIGHT
ALONG THE WESTERLY LINE OF LOT 3, BLOCK 3, A DISTANCE OF 149.05 FEET TO THE POINT OF
BEGINNING, IN THE COUNTY OF MIAMI-DADE, STATE OF FLORIDA.
CITY OF AVENTURA RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL
PURSUANT TO SECTION 31-144(F)(2)J OF THE CITY CODE TO
PERMIT A SELF-SERVICE STORAGE FACILITY AND ALLOWING A
FLOOR AREA RATIO OF 1.88 PURSUANT TO SECTION 31-144(F)(2)L
FOR A BUILDING THAT ATTAINS LEED GOLD OR PLATINUM
CERTIFICATION FOR THE PROPERTY LOCATED AT 21280-21288
BISCAYNE BOULEVARD; PROVIDING FOR CONDITIONS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property, legally described in Exhibit "A", is zoned MO, Medical
Office District; and
WHEREAS, the applicant, PS Aventura Biscayne 2013 LLC and Public Storage
Properties VI Inc. (collectively "Public Storage"), through Application No. CUP2310-
0001("Application"), is requesting conditional use approval pursuant to Section 31-
144(f)(2)j of the City Code to permit a self-storage facility; and
WHEREAS, Public Storage, through the same Application, is requesting
conditional use approval pursuant to Section 31-144(f)(2)1 to permit a Floor Area Ratio
(F.A.R) of 1.88 for a LEED Gold or Platinum certified building; 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. Application for conditional use approval pursuant to Section 31-
144(f)(2)j of the Code to permit a self-storage facility in the MO, Medical Office district,
and conditional use approval pursuant to Section 31-144(f)(2)1 to permit a F.A.R. of 1.88
for a LEED Gold or Platinum certified building at the Property legally described in Exhibit
"A", is hereby granted exclusively to the applicant, subject to the following conditions-
1. Plans submitted for building permit shall substantially comply with those
submitted to the Community Development Department and approved under
ASPA application No. SP2310-0001.
2. Building permits shall be obtained within 12 months of the date of this
Resolution, failing which this approval shall be deemed null and void. The City
Commission may, by resolution or motion at a regular meeting, grant one
City of Aventura Resolution No. 2023-
extension of up to six months for good cause shown by the applicant and upon
written request for such extension by the applicant within the initial 12-month
approval period.
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
LEEDO Gold certification by the US Green Building Council.
4. Property covenant will be required before site plan approval.
5. Landscape plans shall reflect the following requirements:
a. Proposed landscape fronting Biscayne Boulevard shall be creatively
designed to connect with the sidewalk and provide shading to the benefit of
the residents.
b. Specimen trees shall be preserved and any canopy loss mitigated on site.
c. The right-of-way along NE 28th Avenue shall be improved with sidewalk
and standard landscaping.
6. Prior to the issuance of permits, Public Storage shall present evidence of
having engaged the utilities with overhead wires adjacent to the property as
necessary to initiate design and construction to place those utilities
underground. Prior to the issuance of a certificate of occupancy for any new
building on site, all adjacent overhead utility wires shall have been placed
underground. The City will not, however, unreasonably withhold certificates of
occupancy in the event that the utility work required by this condition is not
complete solely due to utility delays despite the timely best efforts and financial
commitment of Public Storage to have the required undergrounding completed.
7. Prior to the issuance of permits, Public Storage shall provide any necessary
easement to accommodate the installation of a bus shelter at the existing bus
stop along Biscayne Blvd. in front of the Public Storage properties. Subsequent
to the issuance of permits, the City will obtain permits and install the shelter.
Prior to the issuance of a certificate of occupancy, Public Storage shall
reimburse the City for its expenses related to the permitting and installation of
the shelter up to but not exceeding $50,000. In the event that the shelter has
been started but not completed prior to Public Storage being ready for a
certificate of occupancy, Public Storage shall provide the City a letter of credit
in the amount of $50,000 which may be drawn against pursuant to this
resolution.
Page 2 of 4
City of Aventura Resolution No. 2023-
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
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 , who moved its
adoption. The motion was seconded by Commissioner and upon being put to
a vote, the vote was as follows:
Commissioner Amit Bloom
Commissioner Rachel S. Friedland
Commissioner Billy Joel
Commissioner Dr. Linda Marks
Commissioner Michael Stern
Vice Mayor Paul A. Kruss
Mayor Howard S. Weinberg
PASSED AND ADOPTED this 7t" day of November, 2023.
HOWARD S. WEINBERG, ESQ.
ATTEST: MAYOR
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 3 of 4
City of Aventura Resolution No. 2023-
EXHIBIT"A"
Legal Description
THAT PART OF LOTS 3 AND 4, BLOCK 3, LYING WESTERLY OF THE WESTERLY RIGHT OF WAY LINE OF
FEDERAL HIGHWAY, ALSO KNOWN AS STATE ROAD NO. 4 AND US NO. 1, AS SAID LOTS AND BLOCK
ARE SHOWN ON MAP OF HALLANDALE; RECORDED IN PLAT BOOK B, AT PAGE 13, OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA. ALL BEING LOCATED IN THE SOUTHWEST 1/4 OF THE
NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 51 SOUTH, RANGE 42 EAST,
MIAMI-DADE COUNTY, FLORIDA; SAID PART OF LOTS 3 AND 4 BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE (P.O.C.) AT THE NORTHWEST CORNER OF SAID LOT 3 AND RUN DUE EAST ON AN
ASSUMED BEARING, ALONG THE NORTHERLY LINE OF SAID LOT 3, A DISTANCE OF 475.00, FEET TO
THE POINT OF BEGINNING (P.O.B.)THENCE RUN SOUTH 1°15'32" EAST, A DISTANCE OF 149.73 FEET;
THENCE RUN NORTH 890 57'41" EAST, A DISTANCE OF 191.20 FEET TO THE DIVIDING LINE BETWEEN
SAID LOTS 3 AND 4; THENCE CONTINUE NORTH 89057'41" EAST ACROSS LOT 4, A DISTANCE OF
242.27 FEET TO THE WESTERLY RIGHT OF WAY LINE OF AFORESAID FEDERAL HIGHWAY; THENCE
RUN NORTH 24034'08" EAST ALONG THE SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 87.63
FEET TO THE POINT OF CURVATURE (P.C.) OF A CIRCULAR CURVE, CONCAVE NORTHWESTERLY AND
HAVING A RADIUS OF 3,784.83 FEET; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 1009'18.2", A DISTANCE OF 76.20 FEET TO THE NORTHERLY LINE OF
SAID LOT 4; THENCE RUN DUE WEST ALONG THE NORTHERLY LINE OF LOT 4, A DISTANCE OF 312.94
FEET TO THE DIVIDING LINE BETWEEN LOTS 3 AND 4; THENCE CONTINUE DUE WEST ALONG THE
NORTHERLY LINE OF SAID LOT 3, A DISTANCE OF 191.28 FEET TO THE POINT OF BEGINNING (P.O.B.).
AND
PARCEL: 1
BEING A PORTION OF THE SW '/a OF THE NE '/a OF THE NW '/a AND SE '/a OF THE NE '/a OF THE NW
'/a OF SECTION 34, TOWNSHIP 51 SOUTH, RANGE 42 EAST, MIAMI-DADE COUNTY, FLORIDA,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST LINE OF SAID SW '/a OF NE '/a OF NW '/a LOCATED 273.00 FEET
NORTH OF THE SOUTHWEST CORNER OF SAID SW 1/4; THENCE RUN EASTERLY PARALLEL TO AND
272.948 FEET NORTH OF THE SOUTH LINE OF SAID SW '/a AND SE '/a 793.84 FEET TO THE WESTERLY
RIGHT-OF-WAY LINE OF FEDERAL HIGHWAY U.S. NO. 1; THENCE RUN NORTHEASTERLY ALONG SAID
RIGHT OF WAY 100.00 FEET; THENCE RUN WESTERLY PARALLEL TO AND 363.91 FEET NORTH OF THE
SOUTH LINE OF SAID SW '/a AND SE '/a 837.29 FEET TO THE SAID WEST LINE OF SW 1/4; THENCE
RUN SOUTHERLY ALONG SAID WEST LINE 90.98 FEET TO THE POINT OF BEGINNING.
PARCEL: 2
THAT PART OF LOTS 3 AND 4, BLOCK 3 OF HALLANDALE, LYING WESTERLY OF THE RIGHT OF WAY OF
STATE ROAD #4, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK-B", AT PAGE 13 OF
THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY BOUNDARY LINE OF LOT 3, BLOCK 3, SAID
POINT BEING 150.05 FEET SOUTH OF THE NORTHWEST CORNER OF SAID LOT 3, BLOCK 3, RUN THENCE
EASTERLY ON THE LINE PARALLEL TO THE SOUTH LINE OF SAID LOTS 3 AND 4, A DISTANCE OF 908.47
FEET TO A POINT BEING ON THE WESTERLY LINE OF STATE ROAD #4 OR FEDERAL HIGHWAY U.S. #1;
THENCE RUN IN A SOUTHWESTERLY DIRECTION ON THE WESTERLY LINE OF STATE ROAD #4 A
DISTANCE OF 163.80 FEET TO A POINT; THENCE RUN ALONG A LINE DEFLECTING TO THE RIGHT
114031'49" SAID LINE BEING PARALLEL TO THE SOUTH LINE OF SAID LOTS 3 AND 4, BLOCK 3, A
DISTANCE OF 837.29 FEET TO A POINT THENCE ALONG A LINE DEFLECTING 91031'03", TO THE RIGHT
ALONG THE WESTERLY LINE OF LOT 3, BLOCK 3, A DISTANCE OF 149.05 FEET TO THE POINT OF
BEGINNING, IN THE COUNTY OF MIAMI-DADE, STATE OF FLORIDA.
Page 4 of 4
CITY OF "ENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson(
92-
City Manager
BY: Keven R. Klopp
Community Development Director
DATE: November 3, 2023
SUBJECT: Request by PS Aventura Biscayne 2013 LLC and Public Storage
Properties VI Inc. (collectively "Public Storage") for a Variance to
Develop a Commercial Property Located at 21280-21288 Biscayne
Boulevard (the "Property") (VAR2310-0001)
November 7, 2023 Local Planning Agency Meeting Agenda
November 7, 2023 City Commission Meeting Agenda
RECOMMENDATION
It is recommended that the City Commission approve the request to permit 60 parking
spaces where 103 parking spaces are required, and to permit 28% of landscaped open
space where 33% of the total lot area is required to be landscaped open space on the
Property.
THE REQUEST
Public Storage is requesting a variance from Section 31-171(b)(7) of the Land
Development Regulations ("LDRs") to permit 60 parking spaces where 103 parking
spaces are required; and a variance from section 31-144(f)(4)d.3 to permit 28% of
landscaped open space where 33% of the total lot area is required to be landscaped open
space (See Exhibit #1 for Letter of Intent).
BACKGROUND
OWNER OF PROPERTY Public Storage Properties VI Inc.
PS Aventura Biscayne 2013 LLC
APPLICANT Public Storage Properties VI Inc.
PS Aventura Biscayne 2013 LLC
ADDRESS OF PROPERTY 21280 Biscayne Boulevard
21288 Biscayne Boulevard (See Exhibit #2 for
Location Map).
SIZE OF PROPERTY Approximately 6.16 acres
LEGAL DESCRIPTION That part of lots 3 and 4, block 3, lying westerly
of the westerly right of way line of federal
highway, also known as state road no. 4 and us
no. 1, as said lots and block are shown on map
of Hallandale; recorded in Plat Book B, at Page
13, of the Public Records of Miami-Dade
County, Florida.
AND
Map of Hallandale Plat Book B, at Page 13
N240.04ft of S513.03ft of Lots 3 & 4 W of Fed
Hwy Less W25ft for RW Blk 3
(See Exhibit#3 for complete Legal Description).
Zoning —
Subject Property MO — Medical Office District
Properties to the North MO — Medical Office District
B2 — Community Business District
Properties to the South MO — Medical Office District
Properties to the East B2 — Community Business District
Properties to the West MO — Medical Office District
Existing Land Use —
Subject Property Warehouse or Storage
Properties to the North Mixed-Use Development
Properties to the South Medical Offices
Properties to the East Retail
Properties to the West Medical Offices
Future Land Use —
Subject Property Business and Office
Properties to the North Business and Office
Properties to the South Business and Office
Properties to the East Business and Office
Properties to the West Business and Office
2
The Site — The subject site consists of two parcels of approximately 6.16 acres. These
parcels are situated with frontage on Biscayne Boulevard to the east, 1212 Aventura to
the north and Aventura Hospital to the south. To the west, the northern parcel borders the
upcoming Aventura Eco Offices, and the southern parcel faces NE 28t"Ave. The northern
parcel, covering approximately 1.61 acres, presently accommodates a two-story self-
storage facility built in 1992. This facility is characterized by ground floor roll-up garage
doors lining the building. The southern parcel, spanning around 4.55 acres, features a
four-story building facing Biscayne Boulevard, which was redevelop in 2014 with a more
contemporary style of storage facility. On the west side of the parcel, facing NE 28
Avenue, there are five buildings constructed in 1981 with additional ground floor storage
facilities.
The Project —. Public Storage aims to enhance the Property by demolishing the current
traditional style facilities and replacing them with two five-story structures to complement
the existing four-story building constructed in 2014.
ANALYSIS
Consistency with Comprehensive Master Plan — The request is consistent with the
City of Aventura Comprehensive Plan. This property is located within a Business and
Office land use designation.
Citizen Comments — Notices were mailed and the property was posted as required by
City Code. The Community Development Department has received no written citizen
comments to date.
Community Development Department Analysis — The Property is located in the
Medical Office district. Self-storage facilities are allowed in properties with a minimum lot
size of 1.5 acres under Conditional Use approval. The Property consist of two lots of 1.61
and 4.55 acres respectively. Public Storage had submitted a request for Conditional Use
approval concurrently with this request.
Criteria
The guidelines for approval of variances as required by Section 31-76(e) of the City' s
Land Development Regulation state:
Standards of review. A variance shall be granted only where competent and substantial
evidence presented in the particular case shows that all of the following are met-
(1) The particular physical surroundings, shape, topographical condition, or
other physical or environmental condition of the specific property involved
would result in a particular hardship upon the owner, as distinguished from
a mere inconvenience, if the regulations were carried out literally.
3
The Property is irregularly shaped and angled along Biscayne Boulevard. The parking
regulations related to parking exceed what is permitted on site and the existing
development accommodates less landscaping than is proposed.
(2) The conditions upon which the request for a variance is based are unique
to the parcel and would not be generally applicable to other property within
the vicinity.
Due to the Property's irregular shape, the existing buildings and the proposed use, the
basis for the requested variance is unique to the parcel and is not generally applicable to
other parcels within the vicinity.
(3) The alleged difficulty or hardship is not economic and has not been
deliberately created to establish a use or structure, which is not otherwise
consistent with the LDR.
The hardship is not economic and has not been deliberately created. The proposed use
as a storage facility is consistent with the land development regulations
(4) The granting of the variance will not be detrimental to the public welfare or
injurious to other property or improvements in the vicinity.
The granting of the variance will not be detrimental to the public welfare. The decreased
parking reflects the actual industry needs; much of the use is internalized within the
buildings, in addition to the infrequency of actual trips to self-storage facilities. The
landscape open space is increasing on site and focused along the perimeters to provide
visual buffer areas.
(5) The proposed variance will not substantially increase the congestion in the
public streets, or increase the danger of fire, or endanger the public safety,
or substantially diminish or impair property values within the vicinity.
A self-storage facility is one of the lower generators of traffic in the industry. The granting
of the proposed variances will not represent a significant increase to the congestion in the
public streets as compared to the currently approved plan, and is far less than may be
developed as of right. Additionally, newer facilities will not increase the danger of fire, or
endanger the public safety or substantially diminish or impair property values within the
vicinity.
It is recommended that the request for variances be granted.
4
DocuSign Envelope ID: DB2B58D6-62CC-46D2-B8E2-E22D3C200989
Bilzin S er
Brian S.Adler
EXHIBIT#1 :w 305-350-2351
Fax 305-351-2206
badler@bilzin.com
October 5, 2023
Mr. Keven Klopp
Community Development Director
City of Aventura
Government Center
19200 W. Country Club Drive, 4th Floor
Aventura, Florida 33180
Re: Public Storage Letter of Intent
Application for Conditional Use Approval and Variances
21280-21288 Biscayne Boulevard, Aventura, FL
Folio No. 28-1234-001-0190 and-0200 (collectively, the "Property")
Dear Mr. Klopp:
Letter of Intent
This firm represents PS Aventura Biscayne 2013 LLC and Public Storage
Properties VI Inc. as the owners of the above Property (collectively, "Owner" or "Public
Storage"). Please consider this our formal Letter of Intent in connection with applications
for Conditional Use Approval and Variances related to the proposed redevelopment and
modified development of the Property.
A. The Property
The Property consists of approximately 6.16 +/- acres located west of Biscayne
Boulevard between theoretical NE 212t" Street and NE 213t" Street, north of the HCA
Florida Aventura Hospital and south of the development currently under construction to
the north. The property consists of two folio numbers, the northern parcel which extends
mid-block to the west, and the southern parcel with extends west from Biscayne
Boulevard to NE 28t" Avenue.
The Property is designated Business and Office on the City of Aventura Future
Land Use Plan Map ("FLUM"), and is zoned MO, Medical Office District, under the City of
Aventura Zoning Map.
Bilzin Sun-d_ier I.te n.a P3'It'e&Axtdrod LLP . 1,450 B ic kel].Averse,.3,r , Floor,NfianJ,Florida 331 1 3436
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DocuSign Envelope ID: DB2B58D6-62CC-46D2-B8E2-E22D3C200989
Mr.Kevin Klopp
October 5, 2023
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B. The Property History
The Property is owned by Public Storage, and both portions of the Property house
self-storage facilities. Both developments were initially constructed while the properties
were under the jurisdiction of Miami-Dade County. The northern portion of the property
was developed in 1992 and the southern portion was initially developed in 1981. Both
properties were developed with the more traditional style of self-storage facilities typical
at the time, which were characterized by ground floor roll up garage-style doors lining the
buildings.
Over time, self-storage facilities have been modernized, internalizing the majority
of the units and better blending into the surrounding area. In 2014, the front portion of
the southern portion of the Property was redeveloped along the Biscayne Boulevard
frontage with a more modern four-story storage featuring a glass frontage and parapets
and more reminiscent of the more modern type of storage facilities. However, the western
portion of the Property and the northern portion of the Property remain with the historic
roll-up gate style facilities.
Public Storage owns the Property and is seeking to upgrade and modernize the
remainder of the Property, consistent with the 2014 redevelopment along Biscayne
Boulevard. Specifically, Public Storage is seeking to maintain the newer southern building
fronting on Biscayne Boulevard, but to demolish the existing roll-up gate facilities at the
western side of the southern portion of the Property and the northern portion of the
Property with a more modern structure that would blend with the surrounding area. As
Public Storage is the owner of both properties, rather than meeting current and future
demand by acquiring additional properties in the area to establish new self-storage
facilities, Public Storage is seeking to upgrade its existing facility to expand its capacity
on the existing Property with the proposed modern facilities that will not only serve the
surrounding community but will remain as one of the lowest traffic generators of any use
while providing a benefit for the community without corresponding traffic.
C. Proposed Development
Attached for your review is the proposed site plan for the upgraded Public Storage
facilities proposed on the Property. The proposed redeveloped site would eliminate the
roll-up door facilities and replace them with five-story self-storage facilities, less than half
the number of stories permitted as of right in the Medical Office District. The current
northern building currently provides minimal landscaping along Biscayne Boulevard. The
proposed new northern building is set further back from Biscayne Boulevard than the
existing facility and defines the street with a landscape buffer rather than the current
narrow landscape strip and parking existing today. The southwest portion of the Property
will also be redeveloped, again eliminating the current roll-up facility in the rear and
replacing it with a five-story facility adjacent to the five-story hospital parking garage.
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D. Requests
As part of the development, our client is requesting Conditional Use Approval for
(a) the self-storage facility use (which is already an existing use on the site); (b) retail on
the ground floor fronting Biscayne Boulevard within the Medical Office District; and (c) a
floor area ration (FAR) 1.88, where an FAR of up to 2.0 is permitted via conditional use
for Gold or Platinum LEED or other green building equivalent developments.
Additionally, our client is seeking variances related to (a) the number of parking spaces
required in order to avoid a sea of unused parking, and (b) the landscape open space
requirements, which are in excess of what is currently grandfathered on the Property but
below the 33% otherwise required under the City of Aventura Code of Ordinances ("City
Code") in the Medical Office District.
1. Conditional Use
(a) Requests
(i) Self-Storage Facility.
Pursuant to section of City of Aventura Code Section 31-144(f)(2)(j), Self-service
Storage Facilities on a minimum lot area of 1.5 acres is permitted in the MO district
through conditional use approval.
It is important to note that both properties exceed the 1.5 acres both separate and
combined, and both properties have existing self-storage facilities. Therefore, the
conditional use is not to create a new self-storage use but to modify and upgrade the
existing self-storage facilities on the Property.
(ii) Retail Uses Within a Non-Residential Building.
Pursuant to Section 31-144(f)(2)(d), retail uses as part of a non-residential
development, not exceeding 15% of the total gross interior square footage of the building,
are also permitted through conditional use approval.
The Property's location fronting along Biscayne Boulevard is an ideal location to
provide ground floor retail. Public Storage is proposing approximately 6,000 square feet
of ground floor retail along the frontage of the northernmost building along Biscayne
Boulevard. Therefore, we request conditional use approval for up to 15% retail on the
Property
(iii) Floor Area Ratio ("FAR").
Pursuant to City Code Section 14-115, buildings that attain LEED gold or platinum
certification (or the equivalent) are entitled to seek an FAR not to exceed 2.0 for properties
designated Business and Office under the City FLUM designation using Conditional Use
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approval. As noted above, the Property is designated Business and Office under the City
FLUM. The development is proposed to be LEED gold or equivalent development and
is, therefore, seeking an FAR of 1.88.
(b) Standards for Conditional Use
Pursuant to the City Code Section 31-73(c), the proposed development meets the seven
enumerated criteria for conditional use approval as set forth below:
(i) The proposed use shall be consistent with the
Comprehensive Plan.
The request is consistent with the City of Aventura Comprehensive Plan as the FLUM
designation of the Property is Business and Office. Pursuant to page 18 of the City
Comprehensive Plan, the Business and Office land use category contemplates "the full
range of retail, wholesale, personal and professional services . . .," etc. The zoning and
land use categories both support restaurants and retail establishments as proposed.
(ii) The establishment, maintenance or operation of the proposed
use shall not be detrimental to or endanger the public health,
safety, or general welfare.
The proposed use is an expansion of an existing operation. As one of the lowest traffic
generators, the proposed use is anticipated to have minimal impact on the neighboring
community and produces far less traffic than other potential uses permitted on the
Property. Further, by redeveloping and increasing capacity on existing self-storage
facility sites, the redevelopment represents a more efficient utilization of the Property,
promoting the general welfare of the City. Further, retail frontage along Biscayne
Boulevard represents dual utilization of the site and allows for the providing of services to
the neighboring developments and medical district employees.
(iii) The proposed use shall be consistent with the community
character of the immediate neighborhood of the proposed
use.
The redevelopment of the site is maintaining the existing self-storage use with the addition
of retail. Self-storage is permitted through conditional use approval and represents an
identical use to what is on the Property, with the addition of retail which is supportive of
the surrounding neighborhood.
(iv) Utilities, roadway capacity, drainage, and other necessary
public facilities including police, fire and emergency services
shall exist at the City's Adopted Levels of Service, or will be
available concurrent with demand as provided for in the
requirement of these LDRs.
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Utilities, roadway capacity, drainage, and other necessary public faciIities including police,
fire and emergency services exist at the City's Adopted Levels of Service, or will be
available concurrent with demand.
Further, the northern portion of the Property has experienced historic and significant
stormwater issues as recent as earlier this year. Rather than a remodel of the northern
portion of the Property, a wholesale demolition will allow Public Storage to fully address
drainage on the Property, thus improving the level of service on the Property.
(y) Adequate measures exist or shall be taken to provide ingress
and egress to the proposed use in a manner that minimizes
traffic congestion in the public streets.
The proposed plan includes entrances with long throats along Biscayne Boulevard to
accommodate vehicles to minimize traffic congestion. Additionally, the self-storage
component, as one of the lower traffic generators, the use should not generate significant
traffic. The retail component is setback from the street to accommodate sufficient ingress
and egress for both uses.
(vi) The establishment of the conditional use shall not impede the
development of surrounding properties for uses permitted in
the zoning district.
The use itself is already existing on site, and the properties to the south and west are
developed, and the properties to the northeast and northwest are under construction, thus
there are no abutting properties that are either undeveloped or not under construction.
The proposed development, at a modest 5 stories, is less than half that permitted under
the Medical Office district as of right, and therefore, will not impact the development in the
district.
(vii) The design of the proposed use shall minimize adverse
effects including visual impacts of the proposed use on
adjacent property through the use of building orientation,
setbacks, buffers, landscaping and other design criteria.
As noted above, the Property is being developed at 5 stories, which is lower than the
abutting properties to the north and south. The western portion of the southern property
is abutting the 5 story parking garage, and the full perimeter of the development is
defined with landscape buffers.
2. Variances.
(a) Requests
0) Parkins.
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Under the City Code, parking for self-storage facilities requires one parking space per 5,000
square feet of gross floor area plus one parking space per 300 square feet of gross floor area of
office, plus two spaces for living quarters (none are proposed). See City Code Section 31-
171(b)(7).
Over the years, numerous municipalities have modified their parking requirements related to self-
storage facilities to reflect the actual industry needs. For example, Miami-Dade County modified
its required parking for self-storage facilities to a require one parking space per the 5,000 square
feet only for the first 20,000 square feet, and then one parking space for 10,000 square feet
thereafter(with a minimum of 5 spaces), with one space per 400 square feet of office. See Miami-
Dade County Code Section 33-124(p). This reduction was in recognition of the fact that much of
the use is internalized within the buildings, coupled with the infrequency of actual trips to self-
storage facilities. In fact, based on the parking demand analysis prepared by JFO Group, Inc.,
the total parking that would be required by the ITE, Institute of Transportation Engineers, Parking
Generation Manual, would be a total of 64 spaces for the entire development including the retails
space. Our client is proposing 88 spaces on site—which is over 37% more than is anticipated to
be required under the ITE Manual. However, the Code would require 128 parking spaces. Rather
than defining the site with a vacant parking field, Public Storage is proposing a variance of the
parking requirements related to the number of parking spaces on site.
(ii) Landscape Open Space
As noted above, our client is seeking a variance related to landscape open space. The
current landscape open space on the Property consists of approximately 24.6 %. Public
Storage is proposing to redevelop of the site with a total of 28.1 % open space. The
Medical Office District generally requires 33% open space which far exceeds that which
is required under the other business district regulations. For example, shopping centers
with over a certain square footage are permitted a minimum landscape open space of
15% of the total lot area. Thirty-three percent is more than double the provided landscape
open space on the Property. The proposed redevelopment provides a landscape open
space as a buffer, defining the edges but seeks to internalize the buildings. Given it is not
a campus style setting where landscape is generally noticed within the site, the landscape
is instead heavily focused along Biscayne Boulevard, along the southern portion of the
Property to the west, and along the north and south perimeters.
The front of the northern portion of the Property is proposed to redefine the frontage with
a large landscape buffer along Biscayne Boulevard, rather than the narrow landscape
strip. While there is retail parking in the front, it is now proposed to be separated by a
much larger landscape buffer, widening as it traverses north to visually match Biscayne
Boulevard. Additionally, the proposed redevelopment now represents almost 15% more
landscaping than existing on the site.
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(b) Standards
Both requested variances comply with the standards of review pursuant to Section
31-76(e), as follows:
(i) The particular physical surroundings, shape, topographical condition, or
other physical or environmental condition of the specific property involved
would result in a particular hardship upon the owner, as distinguished from
a mere inconvenience, if the regulations were carried out literally.
The Property is irregularly shaped and angled along Biscayne Boulevard. The parking
regulations related to parking exceed what is permitted on site and the existing
development accommodates less landscaping than is proposed.
(ii) The conditions upon which the request for a variance is based are unique
to the parcel and would not be generally applicable to other property within
the vicinity.
Due to the Property's irregular shape, the existing buildings and the proposed use, the
basis for the requested variance is unique to the parcel and is not generally applicable to
other parcels within the vicinity.
(iii) The alleged difficulty or hardship is not economic and has not been
deliberately created to establish a use or structure which is not otherwise
consistent with the LDR.
The proposed use as a storage facility is consistent with the land development regulations
and the hardship is not economic.
(iv) The granting of the variance will not be detrimental to the public welfare or
injurious to other property or improvements in the vicinity.
The granting of the variance will not be detrimental to the public welfare. In fact, the
decreased parking represents an improvement to the public welfare than a sea of unused
asphalt and parking. The landscape open space is increasing on site and focused along
the perimeters to provide visual and green buffer areas.
(v) The proposed variance will not substantially increase the congestion in the
public streets, or increase the danger of fire, or endanger the public safety,
or substantially diminish or impair property values within the vicinity.
As noted above, the self-storage facility is one of the lower generators of traffic in the
industry. The granting of the proposed variances will not represent a significant increase
the congestion in the public streets as compared to the currently approved plan, and is
far less than maybe developed as of right. Additionally, they will not increase the danger
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of fire, or endanger the public safety or substantially diminish or impair property values
within the vicinity.
E. Conclusion.
The proposed application represents a marked upgrade over the existing facilities on the
Property and to upgrade and modernize the facilities with structures that are compatible
with the area and much lower in traffic than could be produced on the site. The variances
represent improvements to the existing site and will have minimal impact on the area.
Based on the foregoing, we respectfully request your favorable review of the
application. Should you have any questions, please do not hesitate to contact me at (305)
350-2351.
Very truly yours,
15�ial& QJ&r
Brian S. Adler
BSA
MIAMI 10896326.1 84808/304937
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............. Subject Property
___: Aventura Municipal Boundary
EXHIBIT"A"
Legal Description
THAT PART OF LOTS 3 AND 4, BLOCK 3, LYING WESTERLY OF THE WESTERLY RIGHT OF WAY LINE OF
FEDERAL HIGHWAY, ALSO KNOWN AS STATE ROAD NO. 4 AND US NO. 1, AS SAID LOTS AND BLOCK
ARE SHOWN ON MAP OF HALLANDALE; RECORDED IN PLAT BOOK B, AT PAGE 13, OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA. ALL BEING LOCATED IN THE SOUTHWEST 1/4 OF THE
NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 51 SOUTH, RANGE 42 EAST,
MIAMI-DADE COUNTY, FLORIDA; SAID PART OF LOTS 3 AND 4 BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE (P.O.C.) AT THE NORTHWEST CORNER OF SAID LOT 3 AND RUN DUE EAST ON AN
ASSUMED BEARING, ALONG THE NORTHERLY LINE OF SAID LOT 3, A DISTANCE OF 475.00, FEET TO
THE POINT OF BEGINNING (P.O.B.) THENCE RUN SOUTH 1°15'32" EAST, A DISTANCE OF 149.73 FEET;
THENCE RUN NORTH 890 5741" EAST, A DISTANCE OF 191.20 FEET TO THE DIVIDING LINE BETWEEN
SAID LOTS 3 AND 4; THENCE CONTINUE NORTH 89057'41" EAST ACROSS LOT 4, A DISTANCE OF
242.27 FEET TO THE WESTERLY RIGHT OF WAY LINE OF AFORESAID FEDERAL HIGHWAY; THENCE
RUN NORTH 24034'08" EAST ALONG THE SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 87.63
FEET TO THE POINT OF CURVATURE (P.C.) OF A CIRCULAR CURVE, CONCAVE NORTHWESTERLY AND
HAVING A RADIUS OF 3,784.83 FEET; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 1009'18.2", A DISTANCE OF 76.20 FEET TO THE NORTHERLY LINE OF
SAID LOT 4; THENCE RUN DUE WEST ALONG THE NORTHERLY LINE OF LOT 4, A DISTANCE OF 312.94
FEET TO THE DIVIDING LINE BETWEEN LOTS 3 AND 4; THENCE CONTINUE DUE WEST ALONG THE
NORTHERLY LINE OF SAID LOT 3, A DISTANCE OF 191.28 FEET TO THE POINT OF BEGINNING (P.O.B.).
AND
PARCEL: 1
BEING A PORTION OF THE SW '/a OF THE NE 1/4 OF THE NW '/a AND SE 1/4 OF THE NE 1/4 OF THE NW
'/a OF SECTION 34, TOWNSHIP 51 SOUTH, RANGE 42 EAST, MIAMI-DADE COUNTY, FLORIDA,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST LINE OF SAID SW '/a OF NE 1/4 OF NW '/a LOCATED 273.00 FEET
NORTH OF THE SOUTHWEST CORNER OF SAID SW 1/4; THENCE RUN EASTERLY PARALLEL TO AND
272.948 FEET NORTH OF THE SOUTH LINE OF SAID SW '/a AND SE 1/4 793.84 FEET TO THE WESTERLY
RIGHT-OF-WAY LINE OF FEDERAL HIGHWAY U.S. NO. 1; THENCE RUN NORTHEASTERLY ALONG SAID
RIGHT OF WAY 100.00 FEET; THENCE RUN WESTERLY PARALLEL TO AND 363.91 FEET NORTH OF THE
SOUTH LINE OF SAID SW '/a AND SE 1/4 837.29 FEET TO THE SAID WEST LINE OF SW 1/4; THENCE
RUN SOUTHERLY ALONG SAID WEST LINE 90.98 FEET TO THE POINT OF BEGINNING.
PARCEL: 2
THAT PART OF LOTS 3 AND 4, BLOCK 3 OF HALLANDALE, LYING WESTERLY OF THE RIGHT OF WAY OF
STATE ROAD #4, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK-B", AT PAGE 13 OF
THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY BOUNDARY LINE OF LOT 3, BLOCK 3, SAID
POINT BEING 150.05 FEET SOUTH OF THE NORTHWEST CORNER OF SAID LOT 3, BLOCK 3, RUN THENCE
EASTERLY ON THE LINE PARALLEL TO THE SOUTH LINE OF SAID LOTS 3 AND 4, A DISTANCE OF 908.47
FEET TO A POINT BEING ON THE WESTERLY LINE OF STATE ROAD #4 OR FEDERAL HIGHWAY U.S. #1;
THENCE RUN IN A SOUTHWESTERLY DIRECTION ON THE WESTERLY LINE OF STATE ROAD #4 A
DISTANCE OF 163.80 FEET TO A POINT; THENCE RUN ALONG A LINE DEFLECTING TO THE RIGHT
114031'49" SAID LINE BEING PARALLEL TO THE SOUTH LINE OF SAID LOTS 3 AND 4, BLOCK 3, A
DISTANCE OF 837.29 FEET TO A POINT THENCE ALONG A LINE DEFLECTING 91031'03",TO THE RIGHT
ALONG THE WESTERLY LINE OF LOT 3, BLOCK 3, A DISTANCE OF 149.05 FEET TO THE POINT OF
BEGINNING, IN THE COUNTY OF MIAMI-DADE, STATE OF FLORIDA.
CITY OF AVENTURA RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, GRANTING A VARIANCE FROM SECTION 31-
171(B)(7) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO
ALLOW 60 PARKING SPACES WHERE 103 PARKING SPACES ARE
REQUIRED; GRANTING A VARIANCE FROM SECTION 31-144(F)(4)D3
TO PERMIT 28% OF THE TOTAL LOT AREA TO BE LANDSCAPED
OPEN SPACE WHERE 33% OF THE TOTAL LOT AREA IS REQUIRED
TO BE LANDSCAPED OPEN SPACE FOR THE PROPERTY LOCATED
AT 21280-21288 BISCAYNE BOULEVARD; PROVIDING FOR
IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property, legally described in Exhibit "A", is zoned MO, Medical
Office District; and
WHEREAS, the applicant, PS Aventura Biscayne 2013 LLC and Public Storage
Properties VI, Inc. (collectively "Public Storage"), through Application No. VAR2310-
0001("Application"), is requesting a variance from Section 31-171(b)(7) of the City Code
to permit 60 parking spaces when 103 parking spaces are required; and
WHEREAS, Public Storage, through the same Application, is requesting a
variance from Section 31-144(f)(4)d.3 to permit 28% of landscaped open space where
33% of the total lot area is required to be landscaped open space; 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. Application for variance from Section 31-171(b)(7) of the City Code to
permit 60 parking spaces where 103 are required and variance from Section 31-
144(f)(4)d.3 to permit 28% of landscaped open space where 33% of the total lot area is
required, at the Property legally described in Exhibit "A", is hereby granted exclusively to
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.
City of Aventura Resolution No. 2023-
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 , who moved its
adoption. The motion was seconded by Commissioner and upon being put to
a vote, the vote was as follows:
Commissioner Amit Bloom
Commissioner Rachel S. Friedland
Commissioner Billy Joel
Commissioner Dr. Linda Marks
Commissioner Michael Stern
Vice Mayor Paul A. Kruss
Mayor Howard S. Weinberg
PASSED AND ADOPTED this 7t" day of November, 2023.
HOWARD S. WEINBERG, ESQ.
ATTEST: MAYOR
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 2 of 3
City of Aventura Resolution No. 2023-
EXHIBIT"A"
Legal Description
THAT PART OF LOTS 3 AND 4, BLOCK 3, LYING WESTERLY OF THE WESTERLY RIGHT OF WAY LINE OF
FEDERAL HIGHWAY, ALSO KNOWN AS STATE ROAD NO. 4 AND US NO. 1, AS SAID LOTS AND BLOCK
ARE SHOWN ON MAP OF HALLANDALE; RECORDED IN PLAT BOOK B, AT PAGE 13, OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA. ALL BEING LOCATED IN THE SOUTHWEST 1/4 OF THE
NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 51 SOUTH, RANGE 42 EAST,
MIAMI-DADE COUNTY, FLORIDA; SAID PART OF LOTS 3 AND 4 BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE (P.O.C.) AT THE NORTHWEST CORNER OF SAID LOT 3 AND RUN DUE EAST ON AN
ASSUMED BEARING, ALONG THE NORTHERLY LINE OF SAID LOT 3, A DISTANCE OF 475.00, FEET TO
THE POINT OF BEGINNING (P.O.B.)THENCE RUN SOUTH 1°15'32" EAST, A DISTANCE OF 149.73 FEET;
THENCE RUN NORTH 890 57'41" EAST, A DISTANCE OF 191.20 FEET TO THE DIVIDING LINE BETWEEN
SAID LOTS 3 AND 4; THENCE CONTINUE NORTH 89057'41" EAST ACROSS LOT 4, A DISTANCE OF
242.27 FEET TO THE WESTERLY RIGHT OF WAY LINE OF AFORESAID FEDERAL HIGHWAY; THENCE
RUN NORTH 24034'08" EAST ALONG THE SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 87.63
FEET TO THE POINT OF CURVATURE (P.C.) OF A CIRCULAR CURVE, CONCAVE NORTHWESTERLY AND
HAVING A RADIUS OF 3,784.83 FEET; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 1009'18.2", A DISTANCE OF 76.20 FEET TO THE NORTHERLY LINE OF
SAID LOT 4; THENCE RUN DUE WEST ALONG THE NORTHERLY LINE OF LOT 4, A DISTANCE OF 312.94
FEET TO THE DIVIDING LINE BETWEEN LOTS 3 AND 4; THENCE CONTINUE DUE WEST ALONG THE
NORTHERLY LINE OF SAID LOT 3, A DISTANCE OF 191.28 FEET TO THE POINT OF BEGINNING (P.O.B.).
AND
PARCEL: 1
BEING A PORTION OF THE SW '/a OF THE NE '/a OF THE NW '/a AND SE '/a OF THE NE '/a OF THE NW
'/a OF SECTION 34, TOWNSHIP 51 SOUTH, RANGE 42 EAST, MIAMI-DADE COUNTY, FLORIDA,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST LINE OF SAID SW '/a OF NE '/a OF NW '/a LOCATED 273.00 FEET
NORTH OF THE SOUTHWEST CORNER OF SAID SW 1/4; THENCE RUN EASTERLY PARALLEL TO AND
272.948 FEET NORTH OF THE SOUTH LINE OF SAID SW '/a AND SE '/a 793.84 FEET TO THE WESTERLY
RIGHT-OF-WAY LINE OF FEDERAL HIGHWAY U.S. NO. 1; THENCE RUN NORTHEASTERLY ALONG SAID
RIGHT OF WAY 100.00 FEET; THENCE RUN WESTERLY PARALLEL TO AND 363.91 FEET NORTH OF THE
SOUTH LINE OF SAID SW '/a AND SE '/a 837.29 FEET TO THE SAID WEST LINE OF SW 1/4; THENCE
RUN SOUTHERLY ALONG SAID WEST LINE 90.98 FEET TO THE POINT OF BEGINNING.
PARCEL: 2
THAT PART OF LOTS 3 AND 4, BLOCK 3 OF HALLANDALE, LYING WESTERLY OF THE RIGHT OF WAY OF
STATE ROAD #4, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK-B", AT PAGE 13 OF
THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY BOUNDARY LINE OF LOT 3, BLOCK 3, SAID
POINT BEING 150.05 FEET SOUTH OF THE NORTHWEST CORNER OF SAID LOT 3, BLOCK 3, RUN THENCE
EASTERLY ON THE LINE PARALLEL TO THE SOUTH LINE OF SAID LOTS 3 AND 4, A DISTANCE OF 908.47
FEET TO A POINT BEING ON THE WESTERLY LINE OF STATE ROAD #4 OR FEDERAL HIGHWAY U.S. #1;
THENCE RUN IN A SOUTHWESTERLY DIRECTION ON THE WESTERLY LINE OF STATE ROAD #4 A
DISTANCE OF 163.80 FEET TO A POINT; THENCE RUN ALONG A LINE DEFLECTING TO THE RIGHT
114031'49" SAID LINE BEING PARALLEL TO THE SOUTH LINE OF SAID LOTS 3 AND 4, BLOCK 3, A
DISTANCE OF 837.29 FEET TO A POINT THENCE ALONG A LINE DEFLECTING 91031'03", TO THE RIGHT
ALONG THE WESTERLY LINE OF LOT 3, BLOCK 3, A DISTANCE OF 149.05 FEET TO THE POINT OF
BEGINNING, IN THE COUNTY OF MIAMI-DADE, STATE OF FLORIDA.
Page 3 of 3
CITY OF "ENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson
City Manager
er
BY: Keven R. Klopp
Community Devel/pm*en9tDirector
DATE: November 3, 2023
SUBJECT: Request by Got183 LLC for Conditional Use Approval for a Residential
Development Proposed at 2785 NE 183 Street
("Tal Aventura" — CUP2308-0001)
November 7, 2023 Local Planning Agency Meeting Agenda
November 7, 2023 City Commission Meeting Agenda
SUMMARY
The City Commission approved, on first reading in June of 2023, a rezoning which would
allow the subject Conditional Use request for this project located at 2785 NE 183 Street,
a residential development known as Tal Aventura, to be approved.
THE REQUEST
The applicant, Bilzin Sumberg, on behalf of Got183, LLC, is requesting Conditional Use
approval pursuant to proposed Section 31-143(h)(3)c of the City's Land Development
Regulations (the "LDRs") to allow a building to cast a shadow on properties located in the
Business Zoning District; Conditional Use approval pursuant to proposed Section 31-
143(h)(3)d of the LDRs to allow densities of 90 dwelling units per acre, where the City
Code would allow a maximum of 75 dwelling units per acre; Conditional Use approval
pursuant to proposed Section 31-143(h)(3)(e) to allow lot coverage of 44% where 40% is
permitted for buildings that attain LEEDO Gold or Platinum certification as provided in
article VI of chapter 14 of the City Code, provided that a green roof and/or green rooftop
amenities are provided and maintained for the common benefit of building occupants;
and; that increased Florida-Friendly tree canopy and Florida-Friendly plantings designed
to calm the heat island effect are located on site, all in an amount equal to the requested
increased lot coverage; and Conditional Use approval pursuant to proposed Section 31-
143(h)(3)f of the LDRs to allow a Floor Area Ratio ("FAR") of 3.6 for a LEED Gold or
Platinum certified building, where the Code allows a maximum FAR of 2.0. The applicant's
Letter of Intent is attached as Exhibit#1 to this staff report.
BACKGROUND
OWNER OF PROPERTY: Got183, LLC
NAME OF APPLICANT Brian S. Adler, Esq.
Bilzin Sumberg
LOCATION OF PROPERTY 2785 NE 183 Street
Fol io(s): 28-2203-000-0273
28-2203-000-0259
See Exhibit #2 for Location Map
SIZE OF PROPERTY 1.553 acres +/-
See Exhibit #3 for Legal Description
The property consists of approximately 1.553 acres of land located on the north side of
NE 183 Street, in the area east of Biscayne Boulevard and situated further east of NE 27
Avenue.
The applicant had previously submitted four applications related to this request that were
presented to the City Commission for first reading on June 6, 2023. The first application
amends the City's Comprehensive Plan by creating a High-Density Residential Land Use
Category; the second application changes the City's Comprehensive Plan Future Land
Use Map designation for the subject parcel from Medium-High Density Residential to
High-Density Residential; the third application is intended to amend the Land
Development Regulations of the City Code of Ordinances to provide regulations for the
creation of the new zoning district "Transit Zone High Density Residential" (RMF5); and
lastly, the fourth application will amend the Official Zoning Map of the City by changing
the designation of the subject property from Multifamily High Density Residential District
(RMF4) to RMF5. These applications are on the November 7 City's commission meeting
agenda to be presented for second reading and final approval. The LPA's
recommendation regarding this Conditional Use approval will be presented to the City
Commission concurrently with and contingent upon the above stated applications being
approved by the City Commission at second reading.
The proposed structure consists of a 23-story building accommodating 139 residential
units and amenities towering over a four-story pedestal lined to screen the parking deck
which holds 282 parking spaces. See Exhibit#4 for proposed development.
ANALYSIS
Future Land Use Designation
Subject Property: TBD
Property to the North: Business and Office
Property to the South: Medium-High Density Residential
Property to the East: Medium-High Density Residential
Property to the West: Business and Office
2
Zoning
Subject Property: TBD
Properties to the West: Multi-Family High Density Residential (RMF4)
Properties to the East: Multi-Family High Density Residential (RMF4)
Properties to the North: Community Business District (B2)
Properties to the South: Multi-Family High Density Residential (RMF4)
Existing Land Use
Subject property: Vacant
Properties to the North: Retirement Home
Properties to the South: Multi-Family Residential
Properties to the East: Multi-Family Residential
Properties to the West: Retirement Home
Access — The property is accessible from NE 183 Street.
Standards for Review -The following is staff's evaluation of the proposed use using the
criteria for approval of conditional uses found in Section 31-73(c) of the City's Land
Development Regulations.
1. The proposed use shall be consistent with the Comprehensive Plan.
The proposed use is consistent with the City of Aventura Comprehensive Plan. The
future land use designation for this parcel is Medium-High Density Residential and the
proposed future land use designation is High-Density Residential.
2. The establishment, maintenance or operation of the proposed use shall not be
detrimental to or endanger the public health, safety or general welfare.
The establishment, maintenance and operation of the proposed use will not be
detrimental to or endanger the public health, safety or general welfare.
3. The proposed use shall be consistent with the community character of the immediate
neighborhood of the proposed use.
The proposed use is consistent with the community character of the immediate
neighborhood. Residential buildings of medium and high densities are adjacent to the
property on all four directions.
4. Utilities, roadway capacity, drainage and other necessary public facilities, including
police, fire and emergency services shall exist at the City's adopted levels of service
or will be available concurrent with demand as provided for in the requirement of these
LDR's.
Utilities, roadway capacity, drainage and other necessary public facilities, including
police, fire and emergency services exist at the City's adopted levels of service or will
3
be available concurrent with demand as provided for in the City's Land Development
Regulations.
5. Adequate measures exist or shall be taken to provide ingress and egress to the
proposed use in a manner that minimizes traffic congestion in the public streets.
Adequate measures have been taken to provide ingress and egress to the proposed
use in a manner that minimizes traffic congestion in the public streets. Traffic studies
conducted establishes that the proposed use represents a significant decrease in
impact on the public streets compared to what would be generated under the previous
Community Business District designation.
6. The establishment of the conditional use shall not impede the development of
surrounding properties for uses permitted in the zoning district.
The establishment of this use will not impede the development of surrounding
properties for uses permitted in the zoning district.
7. The design of the proposed use shall minimize adverse effects, including visual
impacts of the proposed use on adjacent property through the use of building
orientation, setbacks, buffers, landscaping and other design criteria.
The design of the proposed residential building provides appropriate transitions and
buffers with the surrounding neighborhood. The proposed building is designed to
comply with Green Building standards.
Public Hearing Notice - Notice of this public hearing has been published, posted and
mailed in accordance with Section 31-71(e) of the City Code.
RECOMMENDED CONDITIONS OF APPROVAL:
1. Building permits must be consistent with drawings as submitted on October 13,
2023 and listed in Exhibit 4, unless otherwise subsequently amended by an
administrative site plan approval.
2. 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.
3. A Public Works permit must be submitted for any improvements within the City
ROW.
4. Fire Department must provide approval during site plan review.
4
EXHIBIT #1
Bilzin Sumberg
Brian S.Adler, Esq.
Tel 305.350.2351
Fax 305.351.2206
badler(a-)bilzin.com
September 20, 2023
Mr. Keven Klopp
Community Development Director
City of Aventura
Government Center
19200 W. Country Club Drive, 4th Floor
Aventura, Florida 33180
Re: Letter of Intent -Application for Conditional Use Approval
2785 NE 183rd Street, Aventura, Florida
Folio Numbers 28-2203-000-0250 and -0273 (the "Property")
Dear Mr. Klopp:
Letter of Intent
This firm represents Got183 LLC as the contract purchaser of the above Property.
Please consider this our formal letter of intent in connection with an application for
conditional use approval as it relates to the proposed development on the Property.
A. The Property
The Property consists of approximately 1.55 acres located on NE 183rd Street, in
the area east of Biscayne Boulevard, situated further east of NE 27th Avenue. The
Property is currently designated Medium-Density Residential on the Future Land Use
Map and is currently zoned RMF4.1 As detailed further below, simultaneous with this
conditional use request are companion applications seeking to re-designate the Property
to High Density Residential on the City's Future Land Use Map, and RMF5 on the City's
zoning map.
1 The Property was rezoned from B2 to RMF4 pursuant to Ordinance No. 2022-13 and re-designated from Business
and Office to Medium-High Density Residential on the City of Aventura Future Land Use Map pursuant to Ordinance
No. 2022-12. As discussed further below, the Property's former B2 zoning and Future Land Use designation allowed
for developments that generated significantly more traffic than the proposed development.
MIAMI 10610843.6 100992/302121
Bilzin Sunibei- Ba na Price f1 Axelrod L.1_,P 1450 B—fickell Avenue,2 rd F[i.or, [ilia ni,Flcn-ida 3313 3 5b
Mr.Keven Klopp
September 20, 2023
Page 2 Bilzin Sumberg
The Property is located within Miami-Dade County's SMART Plan Corridor Buffer
Area and in the Rapid Transit Zone "RTZ" and is located within one quarter mile of
Biscayne Boulevard.
Adjacent to the Property to the south at 2700 NE 183 Street is a multi-family
residential building known as Commodore Plaza, which includes in excess of 650 dwelling
units on 8.5+/- acres, at approximately 76.9 units per acre. Similarly, Del Prado and
Imperial, to the west of the Property, are similarly developed at densities exceeding 70
dwelling units per acre. Further, Admiral's Port, adjacent to the Property on the east, is
developed at approximately 90 dwelling units per acre.
The City of Aventura Comprehensive Plan continues to focus on redevelopment.
The subject Property is one of the few remaining redevelopment opportunities in this area
and is ripe for redevelopment. We are pleased to present a proposed project to the City
to transform this vacant and historically underutilized parcel into a prominent, attractive
and iconic development.
B. Demands for Housing Needs in Proximity to Transit
The proposed development is consistent with both the goals and policies of the
City's Comprehensive Plan and with the RTZ regulations. The City's Future Land Use
Map already identifies the High Density Residential in the adjacent jurisdiction. Across
the railroad on the West side of Biscayne Boulevard is the Ojus Urban Center District,
allowing up to 250 residential dwelling units per acre.
Comprehensive Plan Policy 4.4 of Objective 4 of the Transportation Goal identifies
the need for higher density residential areas to be located near transit service areas.
Additionally, the Transportation Goal on Page 37 of the Comprehensive Plan identifies
the promotion of public transit as a Transportation Goal. A County bus route runs along
Biscayne Boulevard and the Aventura Brightline Station is located just west of Biscayne
Boulevard.
Additionally, numerous articles and studies highlight the shortage of housing in
Florida, including South Florida and the continued need for housing, in part due to the
influx of new residents to the state. This development at 90 units per acre within the City
of Aventura would be one way to address the housing shortage, particularly since
Aventura is a desirable place to live for those moving from New York or California due to
its diverse retail, restaurants, and culture.
C. Simultaneous Rezoning and Comprehensive Plan Amendments
As part of the proposed redevelopment of the Property, the Applicant has two
public hearing applications currently pending before the City of Aventura, one for a re-
designation of the Property on the City's Comprehensive Plan from Medium-High Density
Residential to High Density Residential, and one to rezone the Property from RMF4 to
MIAMI 10610843.6 100992/302121
Mr.Keven Klopp
September 20, 2023
Page 3 Bilzin Sumberg
RMF5. Both items passed on first reading on June 6, 2023, and are scheduled for second
reading at the City's September Commission meeting. We request this application to
proceed simultaneously with the second reading of the pending applications.
As illustrated in the attached Tal Aventura Traffic Statement, submitted in
connection with the pending applications, the traffic consultants, David Plummer &
Associates, evaluated the proposed development of 139 residential units and noted that
the proposed development produces 56 net PM peak hour trips, compared to the
immediate prior use, that consisted of a 21,837 square foot medical office development,
which produced 82 net PM peak hour trips. Further, the previous zoning designation of
B2 would have permitted much more intense development as of right. The traffic
consultants evaluated a modest variance- and conditional use-free proposal of a 43,800
square foot medical office that could be developed as of right under the prior zoning, and
determined such use would generate 168 PM peak hour trips, which is 112 more trips
than generated by the proposed development. While the proposed development
represents an increase over the current conditional use approved by Resolution No.
2022-60, it represents a decrease in FAR and height over the immediately approved
development and a significant reduction from the prior use on the Property and what could
have been built as of right under the prior zoning. Therefore, the proposed use generates
far fewer net PM peak hour trips than the immediate prior use and the maximum
development under the former B2 zoning designation.
D. Proposed Development
Attached are the conceptual plans for development that our client proposes to
present for conditional use approval. Known for their forward thinking and innovative
designs, Idea Architects has created a site plan taking advantage of the unique L-shape
of the parcel and created an aesthetically pleasing design with undulating balconies
defining the center of the building, capped with curvilinear edges, utilizing the structure's
glass as the focal point. The fluid curved design carries through the parking garage to
create a seamless flow in a truly unique shape, worthy of the approval for new
development in Aventura.
The 23-story structure includes a four-story pedestal consisting of a lined and
screened parking deck with a connected curvilinear matching tower. The development
has been designed such that the portion of the L-shaped Property backing up to the RMF4
designated townhouses to the north will feature an attractive and active green space with
tennis courts a swimming pool and will provide attractive and serene views from all sides.
The development includes a mix of mostly one-, two- and three- bedroom units
with four of the units featuring four bedrooms. The proposed building at 23 stories with
an FAR of approximately 3.6, is a reduction in height and floor area from the building
approved pursuant to Resolution No. 2022-60, which was 26 stories in height and had an
FAR of 4.0. It also generates far less traffic than the previously permitted office use, as
discussed above. The proposed development consists of 139 units (allowed under the
MIAMI 10610843.6 100992/302121
Mr.Keven Klopp
September 20, 2023
Page 4 Bilzin Sumberg
RMF5 designation with conditional use approval) and would be compatible with the
surrounding uses.
E. Requests
In order to develop this attractive new addition to the Aventura landscape, our
client is requesting conditional use approval in connection with the anticipated RMF5
zoning designation. Our client is seeking Conditional Use Approval as follows-
(i) Conditional Use Approval per Section 31-143(h)(2a)(c) to allow a building
in the RMF5 district to cast a shadow upon a property located within a
business zoning district (note this was approved as part of the prior
conditional use approval as well).
(ii) Conditional Use Approval per Section 31-143(h)(2a)(d) to allow a density of
90 units per acre where 75 units per acre is permitted as-of-right.
(iii) Conditional Use Approval per Section 31-143(h)(2a)(f) related to green
buildings, to permit a floor area ratio (FAR) of 3.6 with a green building
(previously approved at 4.0).
(iv) Conditional Use Approval per Section 31-143(h)(2a)(e) related to green
buildings, to allow a lot coverages of 44% where 40% is permitted as-of-
right.
F. The Proposed Conditional Uses Meet the Standards Set Forth Under City
Code Section 31-73(c)
In accordance with City of Aventura Code Section 31-73(c), the above requests
for conditional use approval meets the criteria for approval as described below-
1. The proposed use shall be consistent with the Comprehensive Plan.
Upon approval of the amendment to the City of Aventura's Comprehensive
Plan Future Land Use Map, the Property will be re-designated to High Density
Residential. The proposed development complies with the maximum density
permitted by the proposed Comprehensive Plan designation. Further, the
development has been designed such that the portion of the "L" shaped
property backing up to the townhouses to the north (which are designated
RMF4), will feature an attractive and green space with amenities courts,
swimming pool, and serene views from all sides, with the larger portion of the
developed Property to be adjacent to adjacent other taller buildings.
Therefore, appropriate transitions and buffers with the surrounding
neighborhood has been provided, and the impacts of the proposed
MIAMI 10610843.6 100992/302121
Mr.Keven Klopp
September 20, 2023
Page 5 Bilzin Sumberg
development are far less than the previous use or the otherwise permitted use
under the current comprehensive plan and zoning designations.
2. The establishment, maintenance or operation of the proposed use shall not
be detrimental to or endanger the public health, safety, or general welfare.
The proposed use is a residential development consistent with other residential
developments in the area. As such, the development will be governed by a
condominium association to ensure the maintenance and operation of the use
will be in accordance with the City Code and similar to other residential
developments. Additionally, as evidenced by the traffic study, the proposed
use will generate fewer PM peak hour trips and therefore should improve traffic
safety over the prior or permitted use.
3. The proposed use shall be consistent with the community character of the
immediate neighborhood of the proposed use.
The rezoning of the Property is consistent and compatible with the zoning on
the surrounding areas and with the existing surrounding uses. The RMF4
designation abuts the Property to the east, north, and northeast, as well as the
properties directly across NE 183rd Street. The development is consistent with
community character of the residential condominiums in the immediate
neighborhood, many of which were built in the 1970's. For example,
Commodore Plaza development directly across from the Property was built in
1971, at approximately 30 stories has a density of over 75 units per acre.
Similarly, Admirals Port abutting the Property to the east was built in 1974 was
developed at 22 stories with approximately 90 dwelling units per acre.
Therefore, the proposed development is not out of character with the immediate
neighborhood.
4. Utilities, roadway capacity, drainage, and other necessary public facilities,
including police, fire and emergency services, shall exist at the City's adopted
level of service, or will be available concurrent with demand as provided for in
the requirements of these LDRs.
Attached to this application is a traffic statement prepared by David Plummer
& Associates. The traffic statement illustrates that the roadway capacity will be
less impacted by the proposed development, than either of the immediate prior
development or the allowable as-of-right uses under the B2 district. Utilities,
drainage and other public facilities are addressed through the building permit
process to ensure compliance with the City Code and level of service
requirements.
5. Adequate measures exist or shall be taken to provide ingress and egress to the
proposed use in a manner that minimizes traffic congestion in the public streets.
MIAMI 10610843.6 100992/302121
Mr.Keeen Klopp
September 20, 2023
Page 6 Bilzin Sumberg
As noted above, and as illustrated by the attached traffic statement, the
proposed use represents a significant decrease in impact on the public streets,
with a minimal 56 net PM peak hour trips, a fraction of the 168 net PM peak
hour trips that would be generated, under the previous B2 zoning district.
6. The establishment of the conditional use shall not impede the development of
surrounding properties for uses permitted in the zoning district.
The surrounding properties are all developed and shall and thus development
of the Property in accordance with the conditional use approval will not impede
development of the already developed properties. Further, even if the adjacent
properties were vacant or to be redeveloped, the proposed development with
the conditional uses does not impede development of the surrounding
properties.
7. The design of the proposed use shall minimize adverse effects, including visual
impacts, of the proposed use on adjacent property for use of building
orientation, setbacks, buffers, landscaping and other design criteria.
As noted above, the proposed development has been carefully designed to
minimize impact on the adjacent properties. The proposed ground level
amenities area that backs up to the townhomes, features attractive green space
and other at grade amenities. The property frontage is landscaped to beautify
the street, and the unique design of the proposed is structure facilities the flow
of air and light. The angle of the proposed structure also has been specifically
designed to limit the impact on adjacent properties.
G. Conclusion
The proposed development seeks to transform a vacant and historically
underutilized property into an iconic building that Aventura will be proud to feature in its
City. The proposed development features 139 condominium homes that are both
attractive and functional, with an attractive ground level amenities area defining much of
the frontage of the site.
We respectfully request your favorable review of the conditional use approval.
Thank you for your review of the foregoing. Should you have any questions, please
do not hesitate to contact me at (305) 350-2351.
Very truly yours,
c�, 146(16f-
Brian S. Adler
MIAMI 10610843.6 100992/302121
Bilzin Sumberg
Brian S.Adler, Esq.
Tel 305.350.2351
Fax 305.351.2206
badler(Wbilzin.com
October 13, 2023
Mr. Keven Klopp
Community Development Director
City of Aventura
Government Center
19200 W. Country Club Drive, 4th Floor
Aventura, Florida 33180
Re: Supplemental Letter of Intent -Application for Conditional Use
Approval
2785 NE 183rd Street, Aventura, Florida
Folio Numbers 28-2203-000-0250 and -0273 (the "Property")
C U P2207-0001
Dear Mr. Klopp:
Supplemental Letter of Intent
In connection with the request for Conditional Use Approval CUP2207-001, on
behalf of Got183 LLC (the "Applicant), we submit this Supplemental Letter of Intent and
the attached revised sheets addressing the comments from City staff which include:
Sheets A-001, A-003, A-080, and A-700.
Below are responses to the City's outstanding comments.
1. Conditional Use Approval per Section 31-143(h)-( (3)(c) to allow a building in the
RMF5 district to cast a shadow upon a property located within a business zoning
district (note this was approved as part of the prior conditional use approval as
well). Sun study must be undertaken at 12.00 noon on December 21, please
provide this information on Sun Study sheet A-700.
RESPONSE: The request is for a Conditional Use Approval per Section 31-
143(h)(3)(c) to allow a building in the RMF5 district to cast a shadow upon a
property located within a business zoning district. Please refer to Sheet A-700,
which notes that the sun study was performed at 12:00 noon on December 21.
MIAMI 10946537.2 100992/302121
Bilzin .`.`wl nll1 v?uo riae,na Ili-ice& ��k'�=irod LLY ` 1_50 �}13�.`kell.,+'�.4':'nue,3rd �'lof_) , ��a11�i11i1,�'I.4:iC1+.�2.5,�1.'rs ,��-„if
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Mr.Keven Klopp
October 13, 2023
Page 2 IM> BilzinSumberg
2. Conditional Use Approval per Section 31-143(h)-( (3)(d) to allow a density of 90
units per acre where 75 units per acre is permitted as-of-right.
RESPONSE: The request is for a Conditional Use Approval per Section 31-
143(h)(3)(d) to allow a density of 90 units per acre where 75 units per acre is
permitted as-of-right.
3. Conditional Use Approval per Section 31-143(h)ga4(3)(f) related to green
buildings, to permit a floor area ratio (FAR) of 3.60 with a green building (previously
approved at 4-0 4.3. FAR: 3.84. Please revise calculations.
RESPONSE: The request is for a Conditional Use Approval per Section 31-
143(h)(3)(f) related to green buildings, to permit a floor area ratio (FAR) of 3.6 with
a green building (previously approved at 4.3). The explanation of the FAR
calculation is provided below in response to comment 5.
4. Conditional Use Approval per Section 31-143(h){- (3)(e) related to green
buildings, to allow lot coverages of 44% where 40% is permitted as-of-right.
Provide lot coverage diagram.
RESPONSE: The request is for a Conditional Use Approval per Section 31-
143(h)(3)(e) related to green buildings, to allow lot coverages of 44% where 40%
permitted as-of-right. Please refer to sheet A-080 for the lot coverage diagram.
5. Lot size: 67,663. FAR 3.84. Please revise/clarify calculations. From Data Table.-
Residential Units 194,010
Residential Lockers 9,335
Common Areas 30,985
Vertical Circulation 16,925
Services 9,080
Total SF 260,335
RESPONSE: The table above includes the area measured from the exterior face
of the exterior walls. According to Code Section 31-21, FAR is calculated by
dividing the gross floor area of the building on a lot by the gross area of that lot.
And gross floor area is defined as the floor area inside of the exterior walls
including elevators, stair wells, common corridors, trash rooms, common lobbies,
common rest rooms, meter rooms and ancillary power equipment rooms. The
revised Sheet A-003 included with this resubmittal calculates FAR using these
definitions. Accordingly, the Applicant is requesting a Conditional Use Approval to
permit a maximum FAR of 3.6.
MIAMI 10946537.2 100992/302121
Mr.Keven Klopp
October 13, 2023
Page 3 IM> BilzinSumberg
Thank you for your review of the foregoing. Should you have any questions, please
do not hesitate to contact me at (305) 350-2351.
Very truly yours,
(_lf�%Qft c�, 14606f-
Brian S. Adler
MIAMI 10946537.2 100992/302121
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Municipal Zone-RMF5 TRANSIT ZONE HIGH DENSITY RESIDENTIAL(Proposed) 0 0.28 0.55 1.1 mi
........ Subject Property 0 0.42 0.85 1.7 km
1__I Aventura Municipal Boundary
EXHIBIT filly
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-DADE COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER 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 OFTHE SOUTHEAST 1/4OFTHE SOUTHWEST 1/4OFTHE 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 89 DEGREES 13 MINUTES 08 SECONDS WEST,AT RIGHT ANGLES TO THE
LAST 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 FEETTO 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, MIMI-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 LAST
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 FEETTO 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.
1W0627158.11
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CITY OF AVENTURA RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL,
PURSUANT TO SECTION 31-143(H) OF THE CITY CODE OF
ORDINANCES; (1) TO ALLOW A BUILDING TO CAST A SHADOW ON
PROPERTIES LOCATED IN BUSINESS ZONING DISTRICTS; (2) TO
ALLOW A DENSITY OF 90 DWELLING UNITS PER ACRE WHERE THE
CITY CODE ALLOWS UP TO 75 DWELLING UNITS PER ACRE; (3) TO
ALLOW LOT COVERAGE OF 44% FOR A LEED GOLD OR PLATINUM
CERTIFIED BUILDING WHERE THE CODE ALLOWS 40%; AND (4)TO
ALLOW A FLOOR AREA RATIO (FAR) OF 3.6 FOR A LEED GOLD OR
PLATINUM CERTIFIED BUILDING, WHERE THE CODE ALLOWS A
MAXIMUM FAR OF 2.0, 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 Regulation", Article VII,
Use Regulation, Section 31-143(h) "Transit Zone High Density Residential District
(RMF5)" of the City Code of Ordinances, Bilzin Sumberg (the "Applicant") on behalf of
Got183 LLC, has applied to the City of Aventura (the "City") for Conditional Use approval
(Application No. CUP2308-0001) related to the development of a multifamily residential
project (the"Development') located at 2785 NE 183 Street, in the RMF5 District, as legally
described in Exhibit "A" (the "Property"); and
WHEREAS, pursuant to City Code Section 31-143(h)(3)c, the Applicant has
requested Conditional Use Approval to allow a building to cast a shadow on properties
located in the Business Zoning District; and
WHEREAS, pursuant to City Code Section 31-143(h)(3)d, the Applicant has
requested Conditional Use Approval to permit a density of 90 dwelling units per acre for
the Property, where the City Code permits 75 units per acre; and
WHEREAS, pursuant to City Code Section 31-143(h)(3)e, the Applicant has
requested Conditional Use Approval to permit a lot coverage of 44% for buildings that
attain LEEDO Gold or Platinum certification as provided in article VI of chapter 14 of the
City Code where 40% is permitted by the City Code; and
WHEREAS, pursuant to City Code Section 31-143(h)(3)f, the Applicant has
requested Conditional Use Approval to permit a Floor Area Ratio ("FAR") of 3.6 for a
LEED Gold or Platinum certified building, where the Code allows a maximum FAR of 2.0;
and
City of Aventura Resolution No. 2023-
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 a building to cast a
shadow on properties located in the Business Zoning District; (2) to permit a density of
90 dwelling units per acre, where the City Code permits 75 units per acre; (3) to permit a
lot coverage of 44% for buildings that attain LEEDO Gold or Platinum certification where
40% is permitted by the City Code; and (4) to permit a FAR of 3.6 for a LEED Gold or
Platinum certified building, where the Code allows a maximum FAR of 2.0 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 October 13,
2023 and listed in Exhibit #B, unless otherwise subsequently amended by an
administrative site plan approval. The referenced plans will be reviewed under
Administrative Site Plan Approval regulations, the RMF5 zoning district regulations, and
all other applicable regulations as provided within the City of Aventura Land Development
Regulations.
2. 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 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
Page 2 of 3
City of Aventura Resolution No. 2023-
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 , who moved its
adoption. The motion was seconded by Commissioner and upon being put to
a vote, the vote was as follows:
Commissioner Amit Bloom
Commissioner Rachel S. Friedland
Commissioner Billy Joel
Commissioner Dr. Linda Marks
Commissioner Michael Stern
Vice Mayor Paul A. Kruss
Mayor Howard S. Weinberg
PASSED AND ADOPTED this 7t" day of November, 2023.
HOWARD S. WEINBERG, ESQ
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 day of , 2023.
CITY CLERK
Page 3 of 3
EXHIBIT "A"
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-DADE COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER 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 89 DEGREES 13 MINUTES 08 SECONDS WEST,AT RIGHT ANGLES TO THE
LAST 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, MIMI-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 LAST
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 FEETTO 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.
1W0627158.11
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