Resolution No. 2023-67 Conditional Use Approval for ICON - 2999 NE 191 Street (CUP2305-0001) - November 7, 2023 CITY OF AVENTURA RESOLUTION NO. 2023-67
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 (311'4") where the
City Code permits four stories (50'); and
City of Aventura Resolution No. 2023-67
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
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City of Aventura Resolution No. 2023-67
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 Florida Department of Transportation (FDOT) right-of-way
along Lehman Causeway, including the required barriers from the Lehman Causeway
and the Aventura Government Center, subject to FDOT approval.
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.
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City of Aventura Resolution No. 2023-67
The foregoing Resolution was offered by Vice Mayor Kruss, 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.
-'— HOWARD S. WEINBERG, ES
MAYOR
ATTEST:
ELLISA L. HORVAT , MC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
r
1
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this 7th day of November, 2023.
CITY CLERK
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