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2002-046RESOLUTION NO. 2002-46 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL TO PERMIT USES THAT EXCEED THE HEIGHT LIMITATIONS SET OUT IN THE TC1 (TOWN CENTER) DISTRICT; CONDITIONAL USE APPROVAL TO PERMIT FLOOR AREAS THAT ARE LESS THAN THE MINIMUM FLOOR AREA REQUIRED IN THE TC1 (TOWN CENTER) DISTRICT; CONDITIONAL USE APPROVAL TO PERMIT ALLOCATION OF INTERIOR SPACES OTHER THAN AS SET FORTH IN THE TC1 (TOWN CENTER) DISTRICT; AND CONDITIONAL USE APPROVAL TO NUMBER OF OFF-STREET PARKING SPACES THAT DOES NOT MEET THE REQUIREMENT OF SECTION 31-171 (B) OF THE CITY'S LAND DEVELOPMENT REGULATIONS; FOR PROPERTY LOCATED AT 18741 BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING FOR CONDITIONS OF APPROVAL, PROVIDING AN EFFECTIVE DATE. and WHEREAS, the property described herein is zoned TC1, Town Center District; WHEREAS, the applicant, The Related Group of Florida, through Application No. 05-CU-02, is requesting conditional use approval to permit the following: 1. Uses that exceed the height limitation in the TC1 zoning district; 2. Floor areas that are less than the minimum floor areas required in the TCl zoning district; 3. Allocation of interior spaces other than as set forth in the TC1 zoning district; 4. Number of off-street parking spaces that does not meet the requirement of Section 31-171(b) of the City's Land Development Regulations; and WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and Resolution No. 2002-46 Page 2 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 to permit the following uses in Phase 1 of the proposed Town Center development: i. An 11 story residential building, where a maximum of 4 stories are permitted by Code. ii. A 7 story residential building, where a maximum of 4 stories are permitted by Code. iii. Floor area minimum of 750 square feet for one bedroom units, where a minimum of 900 square feet are required by Code. iv. Floor area minimum of 1025 for two bedroom units, where a minimum of 1050 square feet are required by Code. v. Residential uses on the ground floor, where retail and office uses only are permitted on the ground floor by Code. vi. 825 parking spaces where 1,066 parking spaces are required by Code. is hereby granted to the Applicant, for the Phase 1 development only on property legally described as Part of Tract "A", Part of Tract "B" and all of Tract "C", Regina Square Subdivision, recorded in Plat Book 113, Page 27 of the Public Records of Miami-Dade County, aka 18741 Biscayne Boulevard, City of Aventura, subject to the conditions set out in this Resolution. Resolution No. 2002-46 Page 3 Section 2. Approval of the requests above are subject to the following conditions: 1. Plans shall substantially comply with those submitted as follows: · "Conceptual Redevelopment of Loehmann's Fashion Island, 18711 Biscayne Boulevard, Master Plan Phase One: The Residences at Aventura", Index to Drawings, Site Plan Resubmission 5 August 2002, prepared by The Related Group of Florida, not signed and sealed. · "Conceptual Redevelopment of Loehmann's Fashion Island, Master Plan, Demolition Plan", Sheet A.00, prepared by The Related Group of Florida, signed and sealed _. · "Loehmann's Plaza", Aerial Overlay, Proposed Master Plan, Sheet 1 of 1, prepared by Fortin Leavy Skiles Inc., dated 12/27/01, signed and sealed. · "Conceptual Redevelopment of Loehmann's Fashion Island, Master Plan, Master Site Plan" Sheet A.02, prepared by The Related Group of Florida, signed and sealed · "Conceptual Redevelopment of Loehmann's Fashion Island, Master Plan, Site Photos" Sheet A.03, prepared by The Related Group of Florida, signed and sealed. · "Topographic Survey, Loehmann's Plaza Phase I", Sheet I of 3, prepared by Fortin, Leavy, Skiles lnc., dated 3/7/02, signed and sealed. · "Topographic Survey, Loehmann's Plaza Phase I", Sheet 2 of 3, prepared by Fortin, Leavy, Skiies Inc., dated 3/7/02, signed and sealed. · "Topographic Survey, Loehmann's Plaza Phase I", Sheet 3 of 3, prepared by Fortin, Leavy, Skiles Inc., dated 6/13/02, signed and sealed. · "Conceptual Redevelopment of Loehmann's Fashion Island, Phase One: The Residences at Aventura, Site Plan", Sheet A.100a, prepared by The Related Group of Florida, signed and sealed. · "Conceptual Redevelopment of Loehmann's Fashion Island, Phase One: The Residences at Aventura, Site Plan", Sheet A.100b, prepared by The Related Group of Florida, signed and sealed. · "Conceptual Redevelopment of Loehmann's Fashion Island, Phase One: The Residences at Aventura, Ground Floor Plan", Sheet A.101a, prepared by The Related Group of Florida, signed and sealed. · "Conceptual Redevelopment of Loehmann's Fashion Island, Phase One: The Residences at Aventura, Ground Floor Plan", Sheet A.101b, prepared by The Related Group of Florida, signed and sealed. · "Conceptual Redevelopment of Loehmann's Fashion Island, Phase One: The Residences at Aventura, Typical Floor Plan", Sheet A.102a, prepared by The Related Group of Florida, signed and sealed. Resolution No. 2002-46 Page 4 · "Conceptual Redevelopment of Loehmann's Fashion Island, Phase One: The Residences at Aventura, Typical Floor Plan", Sheet A.102b, prepared by The Related Group of Florida, signed and sealed. · "Conceptual Redevelopment of Loehmann's Fashion Island, Phase One: The Residences at Aventura, East Elevation", Sheet A.201, prepared by The Related Group of Florida, signed and sealed. · "Conceptual Redevelopment of Loehmann's Fashion Island, Phase One: The Residences at Aventura, North Elevation", Sheet ^.202, prepared by The Related Group of Florida, signed and sealed. · "Conceptual Redevelopment of Loehmann's Fashion Island, Phase One: The Residences at Aventura, West Elevation", Sheet A.203, prepared by The Related Group of Florida, signed and sealed. · "Conceptual Redevelopment of Loehmann's Fashion Island, Phase One: The Residences at Aventura, South Elevation", Sheet A.204, prepared by The Related Group of Florida, signed and sealed. · "Conceptual Redevelopment of Loehmann's Fashion Island, Phase One: The Residences at Aventura, Context Elevation", Sheet A.205, prepared by The Related Group of Florida, signed and sealed. · "Conceptual Redevelopment of Loehmann's Fashion Island, Phase One: The Residences at Aventura, Longitudinal Section and Cross Section", Sheet A-301, prepared by The Related Group of Florida, signed and sealed. · "Loehmann's Plaza Phase One", Site Planting Plan, Sheet L1.1, prepared by The Related Group of Florida, dated 06/12/02, signed and sealed. · "Loehmann's Plaza Phase One", Courtyard Planting Plan, Sheet L1.2, prepared by The Related Group of Florida, dated 06/12/02, signed and sealed. · "Loehmann's Plaza Phase One", Planting Details, Sheet L1.3, prepared by The Related Group of Florida, dated 06/12/02, signed and sealed. · "Loehmann's Plaza", Sketch of Legal Description, Sheet 1 of 1, dated June 18, 2002, prepared by Fortin Leavy Skiles Inc., dated 06/18/02, signed and sealed. · "Loehmann's Plaza", Conceptual Paving, Drainage, Water and Sewer Plan, Phase 1, Sheet 1 of 1, dated June 20, 2002, prepared by Fortin Leavy Skiles Inc., signed and sealed. 2. Building permits for the first stage of Phase 1 shall be obtained within twelve (12) months of the date of the Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission. 3. 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. Resolution No. 2002-46 Page 5 4. The applicant agrees to submit for review and obtain approval of a site plan showing detail of the perimeter screening of the Phase 1-A site. Such screen shall consist of walls and landscaping to the satisfaction of the City Manager and shall be completed prior to the issuance of any certificate of occupancy or temporary certificate of occupancy for the Phase 1 buildings. The applicant and owner agree to demolish the building marked FF on the Demolition Plan and construct the roadway, on-street parking and interface with the existing plaza shown on Plan A.100, Site Plan Opt. 1-B within one year of the date of issuance of the final certificate of occupancy or temporary certificate of occupancy for the Phase 1 buildings. The applicant may petition the City Commission in the future to extend the time period due to unforeseen circumstances. The applicant agrees to support, when requested by the City, a request to Flodda Department of Transportation and Miami-Dade County to relocate the existing traffic signal at the intersection of NE 187 Street and Biscayne Boulevard to the intersection of the present entrance drive to Loehmann's Plaza and Biscayne Boulevard and to support a request to eliminate left hand turns at the intersection of NE 187 Street and Biscayne Boulevard. 7. The applicant agrees to arrange with Miami-Dade County to install, at the applicant's expense, a traffic signal at the intersection of NE 187 Street and NE 28 Court, prior to the issuance of a certificate of occupancy or temporary certificate of occupancy for the Phase 1 buildings. 8. The applicant agrees to arrange with Miami-Dade County, at the applicant's expense, necessary timing changes to the existing traffic signals at NE 187 Street and Biscayne Boulevard and at NE 190 Street and NE 29 Avenue, prior to issuance of a certificate of occupancy or temporary certificate of occupancy for the Phase 1 buildings. 9. The applicant and owner agree to negotiate in good faith and formalize an agreement with the City relating to the proposed cultural arts center generally in accordance with the Term Sheet attached as Exhibit #-4, prior to the approval of any future phases. 10.The conditional use approval for reduced parking shall be terminated in the event that the City Manager or his designee determines that the approval has created and/or is creating a nuisance to the community. In the event of such termination, the applicant and owner agree to add the number of parking spaces, sufficient to meet the requirements of Section 31-171(b) of the City Code, to the site in a future phase and in an area agreed upon by the applicant, the owner and the City Manager. Resolution No. 2002-46 Page 6 11.The applicant agrees that one bedroom units shall comprise no more than 27% of the 498 units in Phase 1 of the Town Center development. 12. Prior to the issuance of a building permit for construction of Phase 1, applicant/owner to submit to the City a recordable declaration in lieu of unity of title, or other legal document approved by the City Attorney, that binds the applicantJowner to build the proposed project in accordance with the approved site plan and conceptual master plan for the entire pamel, with only such modifications as may be approved by the City Manager, pursuant to Section 31-79(j) of the City's Land Development Regulations or, if not so approved, otherwise approved by the City Commission after a public hearing. Section 3. 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 4. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner, Grossman, who moved its adoption. The motion was seconded by Commissioner Beskin, and upon being put to a vote, the vote was as follows: Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Arthur Berger Mayor Jeffrey M. Perlow yes yes yes yes yes yes yes Resolution No. 2002-46 Page 7 PASSED AND ADOPTED this 3rd day of September, 2002. T/E'F~ESA M. ~31~KA, J3MC // /,.~FC:RL:~' M. PE-~'~:)'~, MAYOR APPR~~UFFICIENCY: CITY ATTORNEY This Rfft~olution was filed in the Office of the City Clerk this 4th day of September, 2002.