2006-008
RESOLUTION NO. 2006-08
RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF A VENTURA, FLORIDA, CONCERNING
MORATORIUM WAIVER APPLICATION OF
SHEFAORffARRAGON, LLLP, PERTAINING TO
LINCOLN POINTE PROPERTY CONSISTING OF 8.77 :I:
ACRES LOCATED AT 17900 NORTHEAST 31ST COURT
IN THE CITY OF A VENTURA; GRANTING
APPLICATION FOR WAIVER OF MORATORIUM
ORDINANCE NUMBER 2005-07, SO AS TO PERMIT
REDEVELOPMENT OF THE PROPERTY TO A PROJECT
CONSISTING OF A TOTAL OF FOUR HUNDRED SIXTY
(460) DWELLING UNITS, INCLUDING A TWENTY EIGHT
(28) STORY RESIDENTIAL TOWER WITH AN OVERALL
HEIGHT OF NOT GREATER THAN THREE HUNDRED
FIFTEEN (315') FEET; PROVIDING FOR AN EFFECTIVE
DATE
WHEREAS, pursuant Section 3 of Ordinance No. 2005-07 (the "Moratorium
Ordinance") Shefaor/Tarragon, LLLP (the "Owner" or "Applicant") has applied for a waiver of
the Moratorium Ordinance (the "Waiver") in order to permit redevelopment of Lincoln Pointe
(the "Property"), approximately 8.77 acres located at 17900 N.E. 31st Court, Aventura; and
WHEREAS, following proper notice, the City Commission has held a public hearing on
the Waiver Application, as provided by the Moratorium Ordinance and the City's Land
Development Regulations; and
WHEREAS, the City Commission hereby finds that the grant of the Waiver is consistent
with the Comprehensive Plan of the City of Aventura; and
WHEREAS, the City Commission, in accordance with the procedures and criteria
provided by Section 3 "Waivers" of the Moratorium Ordinance, hereby finds and determines that
the criteria of Section 3 of the Moratorium Ordinance have been met by the Applicant, to the
extent that the Waiver is granted herein.
Resolution No. 2006-08
Page 2
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adonted. That each of the above stated recitals is hereby adopted
and confirmed.
Section 2. Waiver Granted. That pursuant to Section 3 of the Moratorium Ordinance,
the application for Waiver is hereby granted for the Property which is described on Exhibit "A"
attached hereto, subject to the condition that the redevelopment shall be accomplished in
accordance with the obligations and conditions which have been imposed upon Applicant, in the
event of this Waiver being granted, pursuant to the Applicant-City Settlement Agreement of
January 19, 2006, and subject to the condition that the Applicant shall prepare and present to the
City Manager on or before March 15, 2006, an alternative building layout design, for acceptance
and approval at the City Commission's discretion, which provides for not more than four hundred
sixty (460) dwelling units, as authorized herein, but which includes a reconfiguration of the
residential Tower to a Tower building width which is generally not to exceed 400 feet and to a
height not to exceed thirty five (35) stories. If the Commission does not approve said alternate
building layout design within thirty (30) days of submittal, the initial Tower design which is set
forth in the Waiver Application shall be further revised to meet the concerns of the City
Commission and the initial Tower design of approximately 900 feet in width shall not be used.
In considering said alternative building layout design for the purpose of determining whether the
above-described reconfiguration should be approved, the City Commission shall utilize the
public hearing procedures which are provided by Section 31-71 of the City Code, and shall make
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Resolution No. 2006-08
Page 3
said determination by subsequent Resolution of the City Commission. The subsequent
Resolution of the City Commission shall not exceed the scope of the purpose of the
consideration of the alternative building layout design.
Sedion 3. ImDlementation. That the City Manager is hereby authorized to cause the
issuance of permits in accordance with the approvals and conditions herein provided, and
pursuant to the City's Land Development Regulations in effect and applicable as of the date of
this resolution without the application of the moratorium, and to indicate such approvals and
conditions upon the records of the City, and to take any action which is necessary to implement
this Resolution.
Section 4. Effective Date. That this Resolution shall become effective immediately
upon adoption hereof.
The foregoing Resolution was offered by Commissioner Holzberg, who moved its adoption.
The motion was seconded by Vice Mayor Joel, and upon being put to a vote, the vote was as
follows:
Commissioner lev Auerbach
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Billy Joel
Mayor Susan Gottlieb
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ves
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ves
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no
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Resolution No. 2006-08
Page 4
PASSED AND ADOPTED this 2nd daYr.J006~
~: I~'.;: Susan Gottlieb, Mayor
Att~ . I I !!
~CLV( _ h,. ~(cJ
/ Teresa M. Soro~ MMC
City Clerk \ .
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Approved as to Form and Legal S,J11ficiency:
City r:::!;/~ ~
FiloI ~ Offire of lh(Chy Cr" ilii. 3m day ofF,b""" 2006.
J~hl.~({
City C erk '
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EXHIBIT A
LEGAL DESCRIPTION
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Tract D of ADMIRAL'S PORT SECTION ONE, according to the plat thereof, recorded in
Plat Book 113, Page 51, Public Records of Miami-Dade County, Florida.
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