2003-070RESOLUTION NO. 2003- 70
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, GRANTING
CONDITIONAL USE APPROVAL TO PERMIT AN ELEVEN
STORY, 129 FOOT HIGH RESIDENTIAL BUILDING WITH
ARCHITECTURAL DESIGN OTHER THAN
MEDITERRANEAN STYLE AND A TRANFER OF DENSITY
FOR 0.344 ACRES FROM LAND TO BE DEDICATED TO
THE CITY OF AVENTURA; FOR PROPERTY LOCATED
AT 3029 NE 188 STREET; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the property described herein is zoned RMF3B, Multi-Family
Medium Density Residential District and
WHEREAS, the applicant, through Application No. 05-CU-03, has requested
conditional use approval to permit an eleven story, 129 foot high residential building
with an architectural design other than Mediterranean style and a transfer of density for
0.344 acres from land to be dedicated to the City of Aventura in the Multi-Family
Medium Density Residential District; and
WHEREAS, following proper notice, the City Commission has held a public
hearing as provided by law; and
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 No. 05-CU-03 for conditional use approval to permit an
eleven story, 129 foot high residential building with an architectural design other than
Resolution No. 2003- 70
Page 2
Mediterranean style and a transfer of density for 0.344 acres from land to be dedicated
to the City of Aventura in the Multi-Family Medium Density Residential District on
property located at 3029 NE 188 Street and legally described in Exhibit "A" to this
resolution is hereby granted, subject to the conditions in Section 2.
Section 2, The approvals granted in Section 1 above are subject to the
following conditions:
1. Plans shall substantially comply with those submitted as follows:
"Uptown Marina Loft at Aventura", Cover Sheet, Sheet 0, prepared by Kobi Karp
Architects Interior Designers, dated 5/09/03, revised 07/01/03, signed and sealed
07/24/03.
· "Uptown Marina Lofts", Boundary Survey, Sheet 1 of 1, prepared by Fortin Leavy
Skiles inc., dated 7/17/03, revised 06/09/03, signed and sealed.
· "Uptown Marina Loft at Aventura", Project Data Sheet, Sheet i, dated 5109103,
revised 07/01/03, signed and sealed 07~24~03.
· "Uptown Marina Loft at Aventura", Site Plan, Sheet A-0, dated 5109103, revised
7/01/03, signed and sealed 07124103.
· "Uptown Marina Loft at Aventura", Level 1 Lobby, Sheet A-l, dated 5109103,
revised 07/01/03, signed and sealed 07/24/03.
· "Uptown Marina Loft at Aventura", Level 2 Parking, Sheet A-2, dated 5/09/03,
revised 07/01/03, signed and sealed 07/24/03.
· "Uptown Marina Loft at Aventura", 3~ Level Lanai, Sheet A-3, dated 5/09/03,
revised 07/01/03, signed and sealed 07~24~03.
· "Uptown Madna Loft at Aventura", Level 4, Sheet A-4, dated 5/09/03, revised
07/01/03, signed and sealed 07/24/03.
· "Uptown Marina Loft at Aventura", Levels 5-11, Sheet A-4.1, dated 5/09/03,
revised 07/01/03, signed and sealed 07/24/03.
· "Uptown Marina Loft at Aventura", Main Roof Deck, Sheet A-5, dated 5/09/03,
revised 07/01/03, signed and sealed 07/24/03.
Resolution No. 2003- 70
Page 3
· "Uptown Marina Loft at Aventura", Roof (Machine Rooms), Sheet A-6, dated
5/09/03, revised 07/01/03, signed and sealed 07/24/03.
· "Uptown Marina Loft at Aventura", Elevations, Sheet A-7, dated 5/09/03, revised
07/01/03, signed and sealed 07/24/03.
· "Uptown Marina Loft at Aventura", Elevations, Sheet A-8, dated 5/09/03, revised
07/01/03, signed and sealed 07/24/03.
· "Uptown Marina Loft at Aventura", Typical Units, Sheet A-9, dated 5/09/03,
revised 07/01/03, signed and sealed 07/24/03.
· "Uptown Marina Loft at Aventura", Common Areas, Sheet A-9.1, dated 5/09/03,
revised 07/01/03, signed and sealed 07/24/03.
· "Uptown Marina Loft at Aventura", Typical Units - Level 4th, Sheet A-10, dated
5/09/03, revised 07/01/03, signed and sealed 07/24/03.
· "Uptown Marina Loft at Aventura", Conceptual Paving, Drainage, Water and
Sewer Plan, Sheet 1 of 1, prepared by Fortin Leavy Skiles Inc., dated 5/5/03,
revised 07/01/03, signed and sealed 07/28/03.
· "Uptown Marina Loft at Aventura", Landscape Plan, Drawing No. L-l, prepared
by Witkin Design Group, dated 12/18/02, revised 02/26/03, 07/01/03, 07/16/03,
signed and sealed 07/23/03.
· "Uptown Marina Loft at Aventura", Landscape Plan, Drawing No. L-2, prepared
by Witkin Design Group, dated 12/18/02, revised 02/26/03, 07/01/03, 07/16/03,
signed and sealed 07/23/03.
· "Uptown Marina Loft at Aventura", Landscape List, Drawing No. L-3, prepared by
Witkin Design Group, dated 12/18/02, revised 02/26/03, 07/01/03, 07/16/03,
signed and sealed 07/23/03.
· "Uptown Marina Loft at Aventura", Promenade Details, Drawing No. L-4,
prepared by Witkin Design Group, dated 12/18/02, revised 07/16/03, signed and
sealed 07/23/03.
Building permits shall be obtained within twelve (12) months of the date of this
conditional use approval, failing which this approval shall be null and void unless
extended by 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. 2003- 70
Page 4
4. Within sixty (60) days of the date of this approval, the applicant shall:
(i)
dedicate to the City for educational, recreational or cultural municipal purposes,
that parcel of land measuring 1.56 acres in size lying on the north side of NE 188
Street adjacent to the proposed Atrium residential development, as described in
Exhibit A, in a form acceptable to the City Manager and City Attorney.
(ii)
provide to the City, a Declaration of Restrictive Covenants in Lieu of Unity of
Title binding this property with the proposed Atrium residential site, in form
acceptable to the City Manager and the City Attorney and filed at the applicant's
expense in the public records of Miami-Dade County.
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. Effective Date. This Resolution shall become effective immediately
upon its adoption.
The foregoing Resolution was offered by Commissioner Cohen, 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
Commissioner Jay R. Beskin
Commissioner Robert Diamond
Commissioner Ken Cohen
Commissioner Harry Holzberg
Vice Mayor Manny Grossman
Mayor Jeffrey M. Perlow
yes
no
yes
yes
no
yes
absent from the room
Resolution No. 2003- 70
Page 5
PASSED AND ADOPTED this 7th day of October, 200~1
APPP,OVED AS T1 LEGAL SUFFIC~I~CY:
CITY ATTORNEY
This P. es ,c~Jtion was fi,~,d in the Office of the City Clerk this ~'ray OfOctobe]~,
2003.
EXHIBIT #A
05-CU-03
Parcel A:
AND
Parcel B:
A ped*t~M of the So4~d3 1/2 of Sec;doff 5, Tovmsh;p 52 SO.U% Rartqe 42 East. D~de County. Fk)fida; beiflg more p~cu~l'~* 4escrib~l as f~itows:
AND
Parcel C:
~ et the center of Sectk~ 3. Tom.by 52 Seeth. P~nge 42 ~ ~ ~, ~ ~ No~ 8~'~' W~ ~ ~ ~ ~
~ ~ I/4 ~ ~ ~M ~ ~ f~ a ~ of 670~6 f~t ~ ~ ~w~ ~r ~ ~ ~ I/2 of ~ ~ I/4 ~ ~ ~
I/(E ~ ~ ~ 3; ~ ~ ~39'~ .~ ~ W~ ;~ ~ ~ ~ I/2 et ~ ~ 1/4 of ~ ~ I/4 ~ ~ ~
~ ~ f~ a ~ ~ 1107.11 f~ ~ ~ ~,~- ~ f~ ~ ~ ~ ~ f~ ~ ~ ~"W~ f~. ~,
A portion of Tract N of MARINA DEL REY REVISED according to the plat thereof, as
recorded in Plat Book 144 at Page 89 of the Public Records of Miami-Dade County,
Florida and being more particularly described as follows:
Commence at the Northwest comer of said Tract N; thence South 02°24'12" East along
the West line of said Tract N for 326.46 feet; thence North 87°30'00' East along the
South line of said Tract N for 211.62 feet to the Point of Beginning of the hereina~er
described submerged parcel; thence South 02°30'00" East along the West line of said
Tract N for 62.50 feet to the most Southerly Southwest comer of said Tract N; thence
North 87°30'00" East along the South line of said Tract N for 625.78 feet; thence North
03°I 1'40" West for 87.37 feet; thence South 87°30'00" West along a line parallel with
and 87.36 feet North of said South line of Tract N for 519.10 feet; thence South
02°30'00" East for 38.15 feet; thence South 87°30'00" West along a line parallel with said
South line of Tract N for 11.20 feet; thence North 02°30'00" West for 13.29 feet; thence
South 87°30'00" West along a line parallel with and 62.50 feet North of said South line of
Tract N for 94.42 feet to the Point of Beginning.
Said submerged parcel lying and being in the City of Aventura, Miarni-Dade County,
Florida and containing 51,847 square feet or 1.190 acres more or less.