Resolution No. 2023-69 Conditional Use Approval Public Storage - 21280-21288 Biscayne Blvd. (CUP2310-0001) - November 7, 2023 CITY OF AVENTURA RESOLUTION NO. 2023-69
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. 2023-69
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
LEED® 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.
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City of Aventura Resolution No. 2023-69
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.
WARD S. WEINBERG, E
ATTEST: MAYOR
ELLISA L. HORvAtR, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
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City of Aventura Resolution No. 2023-69
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°1532" 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 8905741" 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 1/4 OF THE NE 1/4 OF THE NW 1/4 AND SE 1/4 OF THE NE 1/4 OF THE NW
1/4 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 1/4 OF NE 1/4 OF NW 1/4 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 1/4 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 1/4 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.
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