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2006-068 RESOLUTION NO. 2006-68 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL TO PERMIT A USE THAT MEASURES 16 STORIES AND 180 FEET HIGH IN THE B2, COMMUNITY BUSINESS DISTRICT, WHERE USES THAT EXCEED THE HEIGHT LIMITATION OF 12 STORIES AND 120 FEET MAY BE PERMITTED BY CODE IN THE B2, COMMUNITY BUSINESS DISTRICT AS A CONDITIONAL USE; TO PERMIT AN INDOOR COMMERCIAL RECREATION USE CONSISTING OF A BOWLING ALLEY IN THE B2, COMMUNITY BUSINESS DISTRICT, WHERE INDOOR COMMERCIAL RECREATION USES INCLUDING A BOWLING ALLEY MAY BE PERMITTED BY CODE IN THE B2, COMMUNITY BUSINESS DISTRICT AS A CONDITIONAL USE, AND TO GRANT AN EXTENDED TIME LIMIT FROM THE DATE OF SITE PLAN APPROVAL IN WHICH TO OBTAIN A BUILDING PERMIT, WHERE THE CODE PROVIDES THAT THE TIME FOR OBTAINING A BUILDING PERMIT IS 12 MONTHS FROM THE DATE OF THE APPROVING RESOLUTION UNLESS OTHERWISE PROVIDED IN THE APPROVAL, FOR A PARCEL OF LAND LOCATED ON THE SOUTH SIDE OF NE 207 STREET BETWEEN NE 29 AVENUE AND NE 30 AVENUE, CITY OF AVENTURA, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" TO THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned B2, Community Business District and RMF3A, Multifamily Medium Density Residential District1; and WHEREAS, the Applicant, Aventura Land Trust, LLC and Aventura Land Trust 2, LLC, through Application No. 03-CU-06, has requested conditional use approval to permit a use that measures 16 stories and 180 feet high in the B2, Community Business District, where uses that exceed the height limitations of 12 stories and 120 Resolution No. 2006-68 Page 2 feet may be permitted by Code in the B2, Community Business District as a conditional use; and to permit an indoor commercial recreation use consisting of a bowling alley in the B2, Community Business District, where indoor commercial recreation uses including a bowling alley may be permitted by Code in the B2, Community Business District as a conditional use, and a five (5) year time limit in which to obtain a building permit for the proposed development of land, such term to commence on the date of site plan approval, where the Code provides that the time for obtaining a building permit is twelve months from the date of the approving resolution unless otherwise provided in the approval, on land located on the south side of NE 207 Street, City of Aventura, more particularly described in Exhibit "A" to this resolution; and WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and WHEREAS, the City Commission has reviewed the applications for conditional use and finds that the conditional uses requested meet the standards for approval of conditional uses as set forth in Section 31-73(c) of the City's Land Development Regulations; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application No. 03-CU-06 for conditional use approval to permit a use that measures 16 stories and 180 feet high in the B2, Community Business District, and to permit an indoor commercial recreation use consisting of a bowling alley in the 1 Pending fulfillment of conditions of Ordinance No. 2006-15 Resolution No. 2006-68 Page 3 B2, Community Business District, both on land described in Exhibit "A" to this resolution, is hereby granted, upon the following conditions: 1. Plans shall substantially comply with those submitted with this application and listed below: . "City Place at Aventura", Cover Sheet, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "City Place at Aventu rail , Site Images, Sheet AO.OO, 2 pages, prepared by Arquitectonica, signed and sealed 10/16/06. . "City Place at Aventu rail , Project Information, Sheet AO.01, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "City Place at Aventura", Overall First Level Plan, Sheet AO.03a, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "City Place at Aventu rail , Overall Typ. Level Plan, Sheet AO.03b, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "City Place at Aventura", Overall Roof Plan, Sheet AO.03c, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "City Place at Aventura", Hotel Level 1, Sheet A1.01, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "City Place at Aventura", Hotel Ballroom Level, Sheet A1.02, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "City Place at Aventura", Hotel Fitness Center Level, Sheet A 1.03, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "City Place at Aventura", Hotel Amenity Level, Sheet A1.04, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "City Place at Aventura", Hotel Typical Level, Sheet A1.05, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "City Place at Aventura", Roof Top Level, Sheet A1.06, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "City Place at Aventura", Office Level, Sheet A2.01, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "City Place at Aventu rail , Office Typical Level, Sheet A2.02, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "City Place at Aventu rail , Office Roof Level, Sheet A2.03, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "City Place at Aventu rail , Parking Garage Level 1, Sheet A3.01, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "City Place at Aventura", Parking Garage Level 2, Sheet A3.02, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "City Place at Aventura", Parking Garage Level 3, Sheet A3.03, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. Resolution No. 2006-68 Page 4 . "City Place at Aventura", Parking Garage Typical Level, Sheet A3.04, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "City Place at Aventu rail , Parking Garage Level 9 (Roof), Sheet A3.05, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "City Place at Aventura", Loft & Condo Plans, Sheet A4.01, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "City Place at Aventura", Townhouse Plans, Sheet A4.10, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "City Place at Aventura", Townhouse B & C Plans, Sheet A4.11, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "City Place at Aventura", East Elevation, Sheet A5.01, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "City Place at Aventura", West Elevation, Sheet A5.02, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "City Place at Aventura", North Elevation, Sheet A5.03, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "City Place at Aventura", North Elevation, Sheet A5.04, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "City Place at Aventura", Hotel Elevation North, Sheet A5.11, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "City Place at Aventura", Hotel Elevation West, Sheet A5.12, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "City Place at Aventu rail , Hotel Elevation East, Sheet A5.13, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "City Place at Aventura", Office Elevation North, Sheet A5.20, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "City Place at Aventura", Office Elevation West, Sheet A5.21, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "City Place at Aventura", Office Elevation South, Sheet A5.22, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "City Place at Aventu rail , Garage Elevation West, Sheet A5.30, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "City Place at Aventura", Townhouse Elevation West, Sheet A5.40, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "City Place at Aventura", Towmhouse Back and Side Elevation, Sheet A5.41, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/6/06. . "City Place at Aventura", Loft Elevation East, Sheet A5.42, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "City Place at Aventura", Loft Elevation North, Sheet A5.43, prepared by Arquitectonica, dated October, 2006, signed and sealed 10/16/06. . "Aventura Grand", Overall Landscape Plan, Sheet L-1, prepared by Witkin Design Group, dated July 31,2006, last revised 10/16/06, signed and sealed 10/16/06. . "Aventura Grand", Landscape Plan, Sheet L-2, prepared by Witkin Design Group, dated July 31, 2006, last revised 10/16/06, signed and sealed 10/16/06. Resolution No. 2006-68 Page 5 . "Aventura Grand", Landscape Plan, Sheet L-3, prepared by Witkin Design Group, dated July 31,2006,Iast revised 10/16/06, signed and sealed 10/16/06. . "Aventura Grand", Landscape Plan, Sheet L-4, prepared by Witkin Design Group, dated July 31,2006, last revised 10/16/06, signed and sealed 10/16/06. . "Aventura Grand", Landscape Plan, Sheet L-5, prepared by Witkin Design Group, dated July 31, 2006, last revised 10/16/06, signed and sealed 10/16/06. . "Skyrise Site (Overall", AL TA/ACSM Land Title Survey, Sheet 1 of 2, prepared by Fortin, Leavy, Skiles Inc., dated July 14, 2006, revised, signed and sealed July 14, 2006. . "Skyrise Site (Overall", AL TA/ACSM Land Title Survey, Sheet 2 of 2, prepared by Fortin, Leavy, Skiles Inc., dated July 14, 2006, revised, signed and sealed July 14, 2006. . "Aventura Grand", Conceptual Utility and Drainage Plan, Sheet 1 of 1, prepared by Fortin, Leavy, Skiles, Inc., dated July 28, 2006, revised, signed and sealed September 15, 2006. . "Aventura Grand", Conceptual Roadway Improvements, Sheet 1 of 1, prepared by Fortin, Leavy, Skiles, Inc., dated July 18, 2006, signed and sealed 10/26/06. 2. That the hotel be of quality similar to 4-diamond AAA or 4-star travel industry rating which includes upscale, refined and stylish accommodations, landscaped grounds and an enhanced level of quality throughout with an extensive array of amenities combined with a high degree of hospitality, service and attention to detail. 3. That the bowling alley shall be an upscale, themed bowling/entertainment establishment similar in design to the high-end themed bowling alleys in the City of Miami Beach Lincoln Road area and in the Dolphin Mall. 4. That no outdoor music or loudspeakers be allowed at the proposed bowling alley, hotel, restaurants or other commercial establishment in the B2 zoned parcel between the hours of 9 p.m. to 12 noon on weekdays and 11 p.m. to 12 noon on weekends. In the event that the City Manager or his designee determines that outdoor music or loudspeakers played between these hours has created and/or is creating a nuisance to the community, the applicant shall be notified by the City of such disturbance and agrees that these hours may be further restricted by and at the discretion of the City Manager or his designee. 5. That no outdoor service of alcoholic beverages be allowed at any outdoor seating areas in the B2 parcel between the hours of 9 p.m. to 6 p.m. on weekdays and 11 p.m. to 12 noon on weekends. In the event that the City Manager or his designee determines that outdoor service of alcoholic beverages between these hours has created and/or is creating a nuisance to the community, the applicant shall be notified by the City of such disturbance and agrees that these hours may be further restricted by and at the discretion of the City Manager or his designee. Resolution No. 2006-68 Page 6 6. That an age restriction of 21 after 9 p.m. be established for the proposed bowling alley. 7. Any discontinuation of an approved conditional use for a period of 180 consecutive days shall constitute abandonment and shall rescind the approval of the conditional use. Section 2. That a time limit of three (3) years from the date of site plan approval in which to obtain a building permit for the development is hereby granted, on the condition that the plans submitted for building permit substantially comply with those submitted with this application and listed in Section 1. of this Resolution and on the further condition that such time limit may be extended at the discretion of the City Manager for a further one year period upon written request by the applicant to the City Manager prior to expiration date of the three (3) year approval period and upon showing of good cause by the applicant. Failure to obtain a building permit within the approved time period shall render the approvals granted in Section 1. of this Resolution null and void. Section 3. This Resolution shall become effective upon the effective date of and compliance with Ordinance No. 2006-14 and Ordinance No. 2006-15, as applicable. The foregoing Resolution was offered by Commissioner Weinberg, who moved its adoption. The motion was seconded by Commissioner Diamond, and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach no Commissioner Bob Diamond no Commissioner Luz Urbaez Weinberg yes Commissioner Billy Joel yes Commissioner Michael Stern yes Vice Mayor Harry Holzberg yes Mayor Susan Gottlieb yes Resolution No. 2006- bl Page 7 PASSED AND ADOPTED this 8" day of November, 200k ~ Z1lM-- -SUSAN GOTTLIEB, MAYOR LEGAL SUF~.IENCY: n the Office of the City Clerk this !L day of ~, 2006. LEGAL DESCRIPTION: Exhibit "A" PARCEl 1 Lots 7 throuoh 42, Block lB. HALLANDALE PARK No.8. including the ten (10) toot alleys that ore South of 0 line e 1.00 feet South of and Dorollel/conrentric wIth the North flqht-ot-way line 01 Waterways Boulevard, lying within said Blo~k 18, according to the Plat thereof, os recorded in Plot Book 20 at Page 49 of the Put)JjC Records of Miami-Dade County, Florida, AND Troct 1. LAURll,NNA, according lo the Plot thereof, os recorded in Plot Book 76 at Page 31 0; the Public Records of MiamI-Dade County, Florida. PARCEL 2 Lots 1, 2. and 6 through 42. Block i7. HALLANDAlE PARK No.8. inc1udinq the portIons the ten (10) foot alleys lying within said Block 17, which were vacated by Re~olution No 2001-11, recorded .August 21. 2000, in Official Records Book 19247, Page 4677. according to the Plot thereof, os recorded in Plat Book 20 at Paqe 49 of the Public Records of Mlomi- Dade County. Florida, - AND Troct 1, Block 17, REPLAT OF A PORTION OF HALLANDALE PARK No.8. accordIng 10 the Plot thereof, os recorded in Plot Boo\.. 40 at Poge 97 of the Public Records of Mlomi-Dade County, Florida, AND That portion of the North One-holf of NE. 205th street abandoned by Resolution No 2000-11 recorded in O.R.B- 19247 ot Page 4677 of said Public Records of Miami-Dode Count',', Florida, PARCEL 3 That portion of N.E. 206th Street bounded on the North by Block 18 and bounded on the South by Block 17 and bounded on the East by the West right-of-way line of N.E. 30lh Avenue (East DOXIe H'ghwoy) and bounded On the Wesl by the East right-of-way line of N.E 29th Avenue (Harvard Avenue), 011 beIng os shown on HALLANDALE PARK No.8, ocr:ording to the Pial thereof, os recorded in Plot Book 20 at Page 49 of the Public Records of Miami-Dade County, Florida PARCEL 4 A port,on at land bounded by on the North by 0 line 8100 feel 50ulh of and parallel or concentric with the North line of Waterways "Boulevard as shown on AVENTURA CORPORATE CENTER, according to the plot thereof, os recorded in Plot Book 158, Page 47, and bounded on the South by the North line of Block 18, HALLANDALE PARK NO.8, according 10 the plot thereol, os recorded in Plot Book 20 at Page 49, 011 being of the Public Records of Miami-Dade County, Florida, lying and being in the City of Aventuro and being more particularly described os follows Commence ot the Southwest corner of lot 26, of said Block 18; thence NOO"S6'26"W along the Eosl right of way line of N E.. 29th Avenue os shown on said Plot Book 20 at Page 49, olso being the West line of said Block 18 for 7687 feet to a point of curvature and the most Westerly Northwest corner of sOld Lot 26, also being the POINT OF BEGINNING of the hereinafter decribed parcel of land; Ihence Northeaslerly along 0 25DO foot radius curve, leading to the right, through a centrol angle of 91'06'02" for on orc dIstance of 39.75 to 0 point of tangency; thence 5 89'50'24" E along the North line of said Block 18 and the Easterly extension thereof for 474.99 feel to a point on 0 circular curve, concave to the Northeast and whose radius point bears NOS.44'26"E. the following two courses being olong a line 81.00 feet South of and parollel or concentric with said North line of Waterways Boulevard; (1) thence Northwesterly along a 1519.00 foot radius curve leading to the right, through 0 central angle of 07"14'58" for on orc distance of 19220 feet to 0 point of tongencYi (2) thence N76"00'36"W for 290,40 feet to 0 point of curvature; thence Southwesterly olong 0 25.00 foot radius curve, leading to the left, through 0 centrol angle of 104"55'50" for on arc d;stance 45.78 feel 10 0 poont of tangency; thence 500"56'26"E along the Northerly extension at the said East righl of way line of N.E. 29th Avenue for 104 19 feet to Ihe POINT OF BEGINNING PARCEL 5 That portion of 0 1D foot olley adjacent to Lot 1 & Lot 42, Block 17 Hollandale Pork No. 8 plot book 20, poge 49 Public Records of Miami-Dade County, Florida, lying and being in Sect,on 34, Township 51 South, Range 42 East City of Avenluro, Miami-Dade County F1arido and being more particularly described os follow.s: Begin at Ihe northwest corner of said Lot 1. thence SOO"52'3D"E along the west line of said Lot 1 for 32.21 feel; thence N89"52'37"W along Ihe westerly exlens,an of the southerly lone of said lot 1 for 10,00 feet; thence NOO'S2'JO"W along the easterly line of said lot 42 for 32"21 feel to the northeast corner of said Lot 42; Ihence S89"52"D3"E along the southerly right-af-way line of N.E. 206th street os shown on soid plat of Hollandole Pork No. 8 (or 10.00 feet to the point of beginning.