Resolution No. 2023-68 Variance Approval for Gated Entry Waterways Village - 3605 NE 207 Street (VAR2309-0001) - November 7, 2023 CITY OF AVENTURA RESOLUTION NO. 2023-68
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. 2023-68
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 Joel, who moved its
adoption. The motion was seconded by Commissioner Bloom, and upon being put to a
vote, the vote was as follows:
Commissioner Amit Bloom Yes
Commissioner Rachel S. Friedland Yes
Commissioner Billy Joel Yes
Commissioner Dr. Linda Marks Yes
Commissioner Michael Stern Yes
Vice Mayor Paul A. Kruss Yes
Mayor Howard S. Weinberg Yes
PASSED AND ADOPTED this 7th day of November, 2023.
Page 2 of 4
City of Aventura Resolution No. 2023-68
•
/410IOW2' ARD S. WEINBERG, ES
ATTEST: MAYOR
ELLISA L. HORVATH C
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
7V J LA
CITY A ORNEY
Page 3 of 4
City of Aventura Resolution No. 2023-68
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