2006-020
RESOLUTION NO. 2006-20
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF A VENTURA, FLORIDA, APPROVING
ALTERNATE BUILDING LAYOUT DESIGN AS BEING IN
COMPLIANCE WITH CONDITION CONTAINED IN
SECTION 2 "WAIVER GRANTED" OF CITY
RESOLUTION NO. 2006-08 GRANTING MORATORIUM
WAIVER APPLICATION FOR LINCOLN POINTE
PROPERTY CONSISTING OF 8.77 % ACRES LOCATED
AT 17900 NORTHEAST 31ST COURT IN THE CITY OF
A VENTURA; PROVIDING FOR A RESIDENTIAL TOWER
BUILDING OF A WIDTH WHICH IS GENERALLY NOT
TO EXCEED FOUR HUNDRED (400') FEET, WITH A
HEIGHT NOT TO EXCEED THIRTY FIVE (35) STORIES,
FOR THE REDEVELOPMENT OF LINCOLN POINTE;
PROVIDING FOR IMPLEMENTATION; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 2 of Resolution No. 2006-08 (the "Waiver
Resolution"), the Applicant for the redevelopment of Lincoln Pointe was required to present to
the City Manager on or before March 15, 2006, an alternate building layout design, for
acceptance and approval at the City Commission's discretion, applying applicable criteria,
which design provides for not more than four hundred sixty (460) dwelling units, as authorized
by the Waiver Resolution, but which includes a reconfiguration of the residential Tower to a
Tower building of a width which is generally not to exceed four hundred (400') feet and of a
height not to exceed thirty five (35) stories; and
WHEREAS, the Applicant did timely submit the proposed alternate building layout
design; and
Resolution No. 2006-20
Page 2
WHEREAS, following proper notice, the City Commission has held a public hearing
on the alternate building layout design, as provided by Section 2 of the Waiver Resolution and
City Code Sections 31-71(e) and 34-31, et. seq.; and
WHEREAS, the City Commission hereby finds that the approval of the alternate
building layout design is consistent with the Comprehensive Plan of the City of A ventura; and
WHEREAS, the City Commission, in accordance with the applicable requirements of
law and pursuant to the City Moratorium Ordinance criteria applicable to the Waiver
Application, as such criteria ( the "Applicable Criteria") were applied in the adoption of the
Waiver Resolution, and consistent with the provisions of Section 2 of the Waiver Resolution,
hereby finds and determines that the Applicable Criteria have been met by the Applicant, to the
extent that the alternate building layout design is accepted and approved herein.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS:
Section 1.
Recitals and Dermed Terms AdoDted. That the above stated recitals
are hereby confirmed and adopted, and all terms utilized herein which are defmed in the
Waiver Resolution shall have the meaning as set forth in said Waiver Resolution unless
otherwise stated.
Section 2,
Alternate Buildin!! Lavout Desi!!n ADDroved.
(a) That pursuant to Section 2 of the Waiver Resolution, the alternate
building layout design, which is depicted on Exhibit "A", a copy of
which is attached hereto and incorporated herein by reference, is hereby
2
Resolution No. 2006-20
Page 3
approved and accepted, in satisfaction of the above-described condition
of Section 2 of the Waiver Resolution which required the preparation and
presentation of such alternative building layout design by Applicant for
acceptance and approval at the City Commission's discretion in
accordance with the Applicable Criteria. The alternate building layout
design which is approved herein shall supersede and replace the initial
Tower design and shall, within the limits of the Waiver Resolution and
this Resolution approving such alternate building layout design, be
subject to the flexibility provided by paragraph 4(c) of the Applicant -
City Settlement Agreement of January 19, 2006, as further recognized
by paragraph 8(c) of the Applicant - City First Amendment to Settlement
Agreement of February 3, 2006.
(b) That the above-stated acceptance and approval of the alternate building
layout design is subject to the condition that the redevelopment of the
Property shall be accomplished in accordance with the applicable
obligations and conditions which have been imposed upon Applicant, in
the event of the Waiver being granted and the alternate building layout
design being approved, pursuant to the Applicant - City Settlement
Agreement of January 19, 2006, as amended by the Applicant - City
First Amendment to Settlement Agreement of February 3, 2006, and as
3
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Resolution No. 2006-20
Page 4
further amended by the Applicant - City Second Amendment to
Settlement Agreement of April 4, 2006.
(c) Except as modified and supplemented herein. the Waiver Resolution
shall remain in full force and effect.
Section 3.
Implementation.
That the City Manager is hereby authorized to
cause the issuance of approvals and 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 adoption of the Waiver Resolution, to-wit: February 2, 2006,
without the application of the moratorium and amendments to the City's Land Development
Regulations enacted as a result thereof, and to indicate such approvals and conditions upon the
records of the City, and to take any and all actions which are 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 Joel who moved its adoption.
The motion was seconded by Commissioner Auerbach, and upon being put to a vote, the vote was
as follows:
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Billy Joel
Commissioner Zev Auerbach
Commissioner Michael Stem
Commissioner Luz Urbilez Weinberg
Mayor Susan Gottlieb
yes
yes
yes
yes
yes
yes
yes
4
-_...---,----...----
Resolution No. 2006-..1..0
Page 5
PASSED AND ADOPTED this 4th day of April, 2
eJ
Approved as to Form and Legal Sufficiency:
~y~~
.ty Clerk this ~ day of April 2006.
F:/328.0S8/ResolutionlAmended Version Approving Building Layout Design 3.24.06
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