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2003-064RESOLUTION NO. 2003-64 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING APPROVAL OF A VARIANCE FROM SECTION 31-143(f)(3)(d) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A FRONT YARD SETBACK OF t2' FOR TOWNHOMES, WHERE A 25' SETBACK IS REQUIRED BY CODE, TO ALLOW A STREET SlDEYARD SETBACK OF 7.5' FOR TOWNHOMES, WHERE A 20' SETBACK IS REQURIED BY CODE, TO ALLOW A REAR YARD SETBACK OF 16' FOR TOWNHOMES WHERE A 25' SETBACK IS REQUIRED BY CODE AND TO ALLOW A SIDE YARD SETBACK OF 16' FOR THE SOUTH CONDOMINIUM BUILDING, WHERE A 25' SETBACK IS REQUIRED BY CODE; GRANTING APPROVAL OF A VARIANCE FROM SECTION 31-143(f)(3)(a) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A LOT SIZE OF 1281 SQUARE FEET FOR TOWNHOMES, WHERE 1600 SQUARE FEET IS REQUIRED BY CODE; GRANTING APPROVAL OF A VARIANCE FROM SECTION 31-171(b)(2) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO PERMIT TWO INTERIOR PARKING SPACES FOR TOWNHOMES, WHERE ONE EXTERIOR AND ONE INTERIOR SPACE IS REQUIRED BY CODE; GRANTING APPROVAL OF A VARIANCE FROM SECTION 31-143(f)(3)(b) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A BUILDING HEIGHT THAT CREATES A SHADOW ON ADJACENT PROPERTY, WHERE THE CODE REQUIRES THAT ALL BUILDINGS IN THE RMF4 ZONING DISTRICT EXCEEDING 100' IN HEIGHT SHALL BE SITUATED SUCH THAT THE SHADOW CREATED BY THE SUN AT 12:00 NOON ON DECEMBER 21 WILL NOT FALL ON ANY ADJACENT PROPERTY EXCEPT FOR PUBLIC ROAD RIGHTS,)F-WAY; GRANTING APPROVAL OF A VARIANCE TO ALLOW DRIVEWAY SEPARATIONS OF 95' ON THE EXTENSION OF MIAMI GARDENS DRIVE AND 25' ON NE 28 COURT, WHERE A MINIMUM SEPARATION OF 150' OF LANDSCAPED FRONTAGE IS REQUIRED BY CODE; FOR PROPERTY LOCATED ON NE 28 COURT AT NE 185 STREET, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. Resolution No. 2003-64 Page 2 WHEREAS, the property described herein is zoned B2, Community Business District; and WHEREAS, the applicant, Jeffrey Bercow for Memo Group at Aventura Landings I, II and III, Inc., through Application No. 03-VAR-03, is requesting a variance from Section 31-143(f)(3)(d) of the City's Land Development Regulations to allow a front yard setback of 12' for townhomes, where a 25' setback is required by Code, to allow a street sideyard setback of 7.5' for townhomes, where a 20' setback is required by Code, to allow a rear yard setback of 16' for townhomes, where a 25' setback is required by Code and to allow a side yard setback of 10' on the south condominium building, where a 25' setback is required by Code; a variance from Section 31-143(f)(3)(a) of the City's Land Development Regulations to allow a lot size of 1281 square feet for townhomes, where 1600 square feet is required by Code; a variance from Section 31-171(b)(2) of the City's Land Development Regulations to allow two interior parking spaces for townhomes, where one exterior and one interior space is required by Code; a variance from Section 31-143(f)(3)(b) to allow a building height that creates a shadow on adjacent property, where the Code requires that all buildings exceeding 100' in height shall be situated such that the shadow created by the sun at 12:00 noon on December 21 will not fall on any adjacent property except for public rights-of-way; and a variance from Section 31-172(c) of the City's Land Development Regulations to allow driveway separations of 95' on the extension of Miami Gardens Drive and 25' on NE 28 Court, where a minimum separation of 150' of landscaped frontage is required by Code. WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and Resolution No. 2003-64 Page 3 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 a variance from Section 31-143(f)(3)(d) of the City's Land Development Regulations to allow a front yard setback of 12' for townhomes, where a 25' setback is required by Code, to allow a street sideyard setback of 7.5' for townhomes, where a 20' setback is required by Code, to allow a rear yard setback of 16' for townhomes, where a 25' setback is required by Code and to allow a side yard setback of 10' on the south condominium building, where a 25' setback is required by Code; a variance from Section 31-143(f)(3)(a) of the City's Land Development Regulations to allow a lot size of 1281 square feet for townhomes, where 1600 square feet is required by Code; a variance from Section 31-171(b)(2) of the City's Land Development Regulations to allow two interior parking spaces for townhomes, where one exterior and one interior space is required by Code; a variance from Section 31- 143(f)(3)(b) to allow a building height that creates a shadow on adjacent property, where the Code requires that all buildings exceeding 100' in height shall be situated such that the shadow created by the sun at 12:00 noon on December 21 will not fall on any adjacent property except for public rights-of-way; and a variance from Section 31- 172(c) of the City's Land Development Regulations to allow driveway separations of 95' on the extension of Miami Gardens Drive and 25' on NE 28 Court, where a minimum separation of 150' of landscaped frontage is required by Code, on property legally Resolution No. 2003-64 Page 4 described on Exhibit "A" to this resolution is hereby granted, subject to the following conditions: 1) Plans shall substantially comply with those submitted, as follows: dated 8/2002 stgned "Aventura Landings", dated 8/2002 s~gned "Aventura Landings", dated 8/2002, s~gned "Aventura Landings", dated 8/2002, s~gned "Aventura Landings", dated 8/2002, s~gned "Aventura Landings", dated 8/2002, signed "Aventura Landings", Sheet SP-1 prepared by Mouriz/Salazar & Associates, Inc., dated 8/2002, revised 6/13/03, signed and sealed 8/21/03. "Aventura Landings", Sheet SP-1 prepared by Mouriz/Salazar & Associates, Inc., dated 8/2002, revised 4/23/03, signed and sealed 6/5/03. "Aventura Landings-Data Block", prepared by Mouriz/Salazar & Associates, Inc., revised 6/6/03, signed and sealed 6/6/03. "Aventura Landings", Sheet SP-la prepared by Mouriz/Salazar & Associates, Inc., dated 8/2002, revised 6/6/03 signed and sealed 8/21/03. "Aventura Landings", Sheet SP-lb prepared by Mouriz/Salazar & Associates, Inc., dated 8/2002, revised 4/23/03, signed and sealed 6/5/03. "Aventura Landings", Sheet A-1 prepared by Mouriz/Salazar & Associates Inc., dated 8/2002, signed and sealed 6/5/03, revised 6/6/03. "Aventura Landings", Sheet A-2 prepared by Mouriz/Salazar & Associates Inc., dated 1/31/03 signed and sealed 6/5/03 revised 6/6/03. "Aventura Landings", Sheet A-3 prepared by Mouriz/Salazar & Associates Inc., dated 1/31/03 revised 6/3/03, signed and sealed 6/5/03. "Aventura Landings", Sheet A-4 prepared by Mouriz/Salazar & Associates Inc., dated 1/31/03 signed and sealed 6/5/03, revised 6/6/03. "Aventura Landings", Sheet A-5 prepared by Mouriz/Salazar & Associates Inc., dated 1/31/03 signed and sealed 6/5/03, revised 6/6/03. "Aventura Landings", Sheet A-6 prepared by Mouriz/Salazar & Associates, Inc., dated 8/2002 signed and sealed 6/5/03, revised 6/6/03. "Aventura Landings", Sheet B-1 prepared by Mouriz/Salazar & Associates Inc., dated 8/2002 revised 6/6/03, signed and sealed 8/21/03. "Aventura Landings", Sheet B-2 prepared by Mouriz/Salazar & Associates Inc., and sealed 6/5/03, revised 6/6/03. Sheet B-3 prepared by Mouriz/Salazar & Associates Inc., and sealed 6/5/03, revised 6/6/03. Sheet B-4 prepared by Mouriz/Salazar & Associates Inc., and sealed 6/5/03, revised 6/6/03. Sheet B-5 prepared by Mouriz/Saiazar & Associates Inc., and sealed 6/5/03, revised 6/6/03. Sheet B-6 prepared by Mouriz/Salazar & Associates Inc., and sealed 6/5/03, revised 6/6/03. Sheet B-7 prepared by Mouriz/Salazar & Associates, Inc., and sealed 6/5/03, revised 6/6/03. "Aventura Landings", Sheet C-1 prepared by Mouriz/Salazar & Associates, Inc., dated 8/2002, revised 6/13/03, signed and sealed 6/18/03. Resolution No. 2003-64 Page 5 "Aventura Landings", Sheet C-2 prepared by Mouriz/Salazar dated 8/2002, signed and sealed 6/5/03, revised 6/6/03. "Aventura Landings", Sheet C-3 prepared by Mouriz/Salazar dated 8/2002 signed and sealed 6/5/03, revised 6/6/03. "Aventura Landings", Sheet C-4 prepared by Mouriz/Salazar dated 8/2002 signed and sealed 6/5/03, revised 6/6/03. "Aventura Landings", Sheet C-5 prepared by Mouriz/Salazar dated 8/2002 signed and sealed 6/5/03, revised 6/6/03. "Aventura Landings", Sheet C-6 prepared by Mouriz/Salazar dated 8/2002 signed and sealed 6/5/03, revised 6/6/03. "Aventura Landings", Sheet C-7 prepared by Mouriz/Salazar dated 8/2002 signed and sealed 6/5/03, revised 6/6/03. "Aventura Landings", Sheet (;-8 prepared by Mouriz/Salazar dated 8/2002 signed and sealed 6/5/03, revised 6/6/03. "Aventura Landings", Sheet L-1 prepared by Alex Architecture and Planning, dated 10/8/02, revised 6/3/03, 6/5/03. "Aventura Landings", Sheet L-2 prepared by Alex Architecture and Planning, dated 10/8/02, revised 6/3/03, 6/5/03. "Aventura Landings", Sheet L-3 prepared by Alex Architecture and Planning, dated 10/8/02, revised 6/3/03, 6/5/03. "Aventura Landings", Sheet L-4 prepared by Alex Architecture and Planning, dated 10/8/02, revised 6/5/03. "Aventura Landings", Sheet L-5 prepared by Architecture and Planning, dated 10/8/02, revised 6/5/03. "Aventura Landings", Sheet L-6 prepared by Architecture and Planning, dated 10/8/02, revised 6/5/03. "Aventura Landings", Sheet L-7 prepared by Architecture and Planning, dated 10/8/02, revised 6/5/03. "Aventura Landings", Sheet L-8 prepared by Architecture and Planning, dated 10/8/02, revised 6/5/03. & Associates & Associates & Associates & Associates & Associates & Associates & Associates Knight, signed Knight, signed Knight, signed Knight, 6/3/03, signed Alex Knight, 6/3/03, signed Alex Knight, 6/3/03, signed Alex Knight, 6/3/03, signed Alex Knight, 6/3/03, signed inc., Inc., Inc., Inc., Inc., inc., Landscape and sealed Landscape and sealed Landscape and sealed Landscape and sealed Landscape and sealed Landscape and sealed Landscape and sealed Landscape and sealed 2) Permits 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) This approval shall be effective upon approval by the City Commission of the applicant's request for Comprehensive Plan Amendment from Business and Office to Medium High Density Residential and upon the effective date of the Resolutlon No. 2003-64 Page § Amendment; upon approval by the City Commission of the applicant's request for rezoning from B2 (Community Business) District to RMF4 (Multi-Family High Density Residential) District; and upon approval by the City Commission of the applicant's request for abandonment of the portion of the NE 28 Court right of way lying south of NE 185 Street. 4) That the sideyard setback variance for the loft building be conditional upon the applicant entering into and providing to the City, a license or easement agreement with Florida Power and Light allowing the applicant to plant and maintain landscaping on the westerly twenty feet of land owned by Florida Power and Light lying adjacent to the east limit of the loft building. Section 2. 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 3. This Resolution shall become effective upon approval by the City Commission of the applicant's request for Comprehensive Plan Amendment from Business and Office to Medium High Density Residential, upon approval by the City Commission of the applicant's request for rezoning from B2 (Community Business) District to RMF4 (Multi-Family High Density Residential) District and upon approval by the City Commission of the applicant's request for abandonment of the portion of the NE 28 Court right-of-way lying south of NE 185 Street and upon the effective date of the comprehensive plan amendment. The foregoing Resolution was offered by Commissioner Cohen, who moved its adoption. The motion was seconded by Vice Mayor Grossman, and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Bob Diamond Commissioner Harry Holzberg Vice Mayor Manny Grossman Mayor Jeffrey M. Perlow yes yes yes yes yes yes yes Resolution No. 2003-64 Page 7 PASSED AND ADOPTED this 2nd day of September, 2003. TEP,~S~A M. S~RpKA~ CMC ~AYOR APPROV~D~U FFICIENCY: CITY A//~TORNEY Thi~uti~Lo~w&/?~in the Office of the City Clerk this ~___ day of September, 2003. TI~R[~SA M. ,~3"~OK~, CMC CIT.,.¥ CLE RI~.~ -- Exhibit A to Resolution No. 2003_- LEGAL DESCRIPTION: Tract A: The North 310.86 leer, of the foflowing described property: A portion of the Southwest 1/4 of Fractional, Section 3, Township 52 South, Range 4? East, County, Florida, being more particularly described as follows: Begin at the Southwest corner of the Northwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Fractional section 3; thence N 89'59'25" W, along the South llne of the Northeast 1/4 of the Southwest 1/4 of the Southwest 1/4, of said Section 3, for 80.21 feet; thence N 0'01'45" E for 310.86 feet to o point on o curve (said point beers S 0'8'15" W from the radius point of the next described circulcr curve); thence Southeasterly, along o circular curve to the left (concave .to the Northeast), having a radius of 694.69 feet and o central angle of 0'8'30" for an arc distance of 1.31 feet to a point of tengency; thence S 89'58'15" £, along a line parallel with and 20.00 feet South of os measured et fight angles to, the North llne of the South 1/2 of the Northwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Section 3, for 431.94 feet; thence S 0'00'4.5" W, along the Westerly right-of-way line of NE 28th Court and its Southerly in Official Records Book 6088, Page 160 of the Public Records of Miami-Dada County, prolongation as recorded Florida, for 760.62 feet; thence N 89'59'25' W, along a line parallel with and 449.91 feet South of, as measured at right am:Jles to the North line of the Southwest 1/4 of the Southwest 1/4 of the Southwest 1/4 'of said Section 5, for 34.6.87 · feet; thence N 0'46'52' W, along the East line of the Southwest 1/4 of the Southwest 1/4, of said Section for ¢49.95 feet {o the POINT OF BEGINNING, lying and being in Miami-Dodo County. Florida. Tract B: The South 44-9.91 feet, of the following described property: A portion of the Southwest 1/4 of Froctlonol, Section 3. Township 52 South, Range 42 East. Miami-Dada County, .Flofido. being more porticuloHy described as follows: Begin at the Southwest corner of the Northwest 1/4 of the Southeast 1/4- of the Southwest 1/4- of said --Fractional section 3; thence N 89'59'25" W, along the South line of the Northeast 1/4 of the Southwest 1/4 of he Southwest 1/4, of said Section 3, for 80.21 feet; thence N 0'01'45' E for 310.86 feet to o point on curve (said point bears S 0°8'15~ W from the rodlus point of the next described clrculor curve); the41ce Southeosterflj, along a circular curve to the left (concave to the Northeast), having a radius of 694.69 feet and o central angle of 0'6'50" for an arc distance of 1.31 feet to a point of tongency; thence S 89'58~15" E, along a fine j:,3rollel with and 20.00 feet South of os measured at right angles to. the North llne of the South 1/2 of the Northwest I/4 of the Southeast 1/4 of the Southwest 1/4 of said SectJon 3, for 431.94- feet; tftence S 0'00'45" W along the Westerly ri~Jht-of-way llne of NE 28th Court and ~ n Offlc{ol Records ~ook 60 . 'ts SOutheHy prolongation as recorded 88, Page 160 of the Pub ~c Records of Miami-Dada County, Florida, for 760.62 feet; thence N 89'59'25' W, along a llne parallel with and 449.91 feet South of, as measured ~ right angles to the North llne of the Southwest 1/4 of the Southwest 1/4 of the Southwest 1/4 of said Section 3, for 346.87 feet; thence N 0'46'52" W, alonq the East llne of'the Southwest 1/4- of the Southwest I/4, for 449.gs feet to the POINT O~ BEGINNING, lying and being in Miami-Dada County, FIorlda. of said Section Tract C: A portion of the East 1/2 of the Southwest 1/4- of the Southeast 1/4 of the Southwest 1/4 of Fractional Sect~n 3, Township 52 South, Range 42 East, Miami-Dada County, Florida. being more particularly described os follows: Commence at the Northwest corner of the East 1/2 of the Southwest 1/4- of the Southwest 1/4 of the southwest 1/4- of sold Fractional Section 3, thence run S 89'59'25 E along the North boundo~ of the East 1/2 of the Southwest 1/4- of the Southeast 1/4 of the Southwest 1/4 of said Fractional Section 3, a dlstonce of g0.17 feet to the point of intersecUon with East right--of--way bounda of No that certain right--of-wa Dee ~ rtheast 28th court ' - Page 160 of the Pubfic Records of M~omt-Dade county, Florida, being [he ds. B.,ook 6088,herelnafter lend ~ I of [ne parcel of to be described; thence run S 0'00'4-5" W alan9 the aforesaid described llne, o distance of 361.28 feet to the point of intersection with c llne that is 300 feet North of and parallel to the South boundar7 of the East 1/2 of the Southwest 1/4 of the Southeast 1/4- of the Southwest 1/4 of sold Fractional Section 3; thence run N 89'57'54" E along the lost described llne, a d~stonce of 200.28 feet to o point, said point being 46.7.5 feet West of the East bounde.r~ the Southwest 1/4 of the Southeast 1/4 of the-Southwest 1/4 Of said Fr~ctioool 3; thence run N 0'00 45°'f E along a llne that is 200.28 feet East of and parallel to the said --East boundor7 of Northeast 28th court, o dlstonce of 561.18 feet to the paint of intersection with the North ,auntieS' of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Fractional Section 5, thence mn N 89'59'25' w along the lost described llne, a distance of 200;28 feet to the POINT OF BEGINNING.