2003-071RESOLUTION NO. 2003- 71
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, GRANTING
CONDITIONAL USE APPROVAL TO PERMIT AN ELEVEN
STORY, 135 FOOT HIGH RESIDENTIAL BUILDING WITH
ARCHITECTURAL DESIGN OTHER THAN
MEDITERRANEAN STYLE AND A TRANFER OF DENSITY
ON 1.216 ACRES FROM LAND TO BE DEDICATED TO
THE CITY OF AVENTURA; FOR PROPERTY LOCATED
AT 3131 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. 06-CU-03, has requested
conditional use approval to permit an eleven story, 135 foot high residential building
with an architectural design other than Mediterranean style and a transfer of density for
1.216 acres from land to be dedicated to the City 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. 06-CU-03 for conditional use approval to permit an
eleven story, 135 foot high residential building with an architectural design other than
Resolution No. 2003- 71
Page 2
Mediterranean style and a transfer of density for 1.216 acres from land to be dedicated
to the City of Aventura in the Multi-Family Medium Density Residential District on
property located at 3131 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:
· "The Atrium at Aventura", Site/Roof Floor Plan, Sheet A-l, prepared by Schapiro
Associates, dated 02~20~03, revised 2/21/03, 3/20103, 6~25~03 and 7/19/03,
signed and sealed 07/20/03.
· "The Atrium at Aventura", Level 1 - Ground Floor Plan, Sheet A-2, prepared by
Schapiro Associates, dated 02/20/03, revised 2/21/03 and 7/19/03, signed and
sealed 07/20/03.
· "The Atrium at Aventura", Level 2 - Parking Floor Plan, Sheet A-3, prepared by
Schapiro Associates, dated 02/20/03, revised 2/21/03 and 7/19/03, signed and
sealed 07/20103.
· "The Atrium at Aventura", Deck Level - Third Floor Plan, Sheet A-4, prepared by
Schapiro Associates, dated 02/20103, revised 2/21/03 and 7/19/03, signed and
sealed 07/20/03.
· "The Atrium at Aventura", Level 3A - Deck 2nd Floor Plan, Sheet A-5, prepared
by Schapiro Associates, dated 02/20/03, revised 2/21/03 and 7/19/03, signed
and sealed 07/20/03.
· "The Atrium at Aventura", Level 4 - Floor Plan, Sheet A-6, prepared by Schapiro
Associates, dated 02/20~03, revised 2/21/03 and 7/19/03, signed and sealed
07/20/03.
· "The Atrium at Aventura", Typical Floor Plan, Sheet A-7, prepared by Schapiro
Associates, dated 02/20/03, revised 2/21/03 and 7/19/03, signed and sealed
07/20/03.
· "The Atrium at Aventura", Penthouse Floor Plan, Sheet A-8, prepared by
Schapiro Associates, dated 02/20/03, revised 2/21/03 and 7/19/03, signed and
sealed 07/20/03.
· "The Atrium at Aventura", Penthouse 2nd Floor Plan, Sheet A-9, prepared by
Schapiro Associates, dated 02/20/03, revised 2/21/03, 06/25/03 and 7/19/03,
signed and sealed 07/20/03.
Resolution No. 2003- 71
Page 3
· "The Atrium at Aventura", Exterior Elevations, Sheet A-10, prepared by Schapiro
Associates, dated 02/20/03, revised 2/21/03, 06/25/03 and 7/19/03, signed and
sealed 07/20/03.
· "The Atrium at Aventura", Exterior Elevations, Sheet A-11, prepared by Schapiro
Associates, dated 02/20/03, revised 2/21/03, 06/25/03 and 7/19/03, signed and
sealed 07/20/03.
· "The Atrium at Aventura", Building Sections, Sheet A-12, prepared by Schapiro
Associates, dated 02/20/03, revised 2/21/03 and 7/19/03, signed and sealed
07/20/03.
· "The Atrium at Aventura", Level 3, Enlarged Plan, Sheet A-13, prepared by
Schapiro Associates, dated 02/20/03, revised 2/20/03 and 7/19/03, signed and
sealed 07/20/03.
· "The Atrium at Aventura", Deck 2nd Floor, Enlarged Plan, Sheet A-14, prepared
by Schapiro Associates, dated 02/20/03, revised 2/20/03 and 7/19/03, signed
and sealed 07/20/03.
· "The Atrium at Aventura", Typ. Floor, Enlarged Plan, Sheet A-15, prepared by
Schapiro Associates, dated 02/20/03, revised 2/20/03 and 7/19/03, signed and
sealed 07/20/03.
· "The Atrium at Aventura", Penthouse, Enlarged Plan, Sheet A-16, prepared by
Schapiro Associates, dated 02/20/03, revised 2/20/03 and 7/19/03, signed and
sealed 07/20/03.
· "The Atrium at Aventura", Penthouse, 2nd Floor Plan, Sheet A-17, prepared by
Schapiro Associates, dated 02/20/03, revised 2/20/03 and 7/19/03, signed and
sealed 07/20/03.
· "The Atrium at Aventura", Landscape Plan Pool Deck, Sheet L-l, prepared by
Rhett Roy Landscape Architecture, dated 06/26/03, revised 07/11/03, signed
and sealed 07/16/03.
· "The Atrium at Aventura", Preliminary Planting, Lighting and Paving Schedules,
Sheet L-2, prepared by Rhett Roy Landscape Amhitecture, dated 06/26/03,
revised 07/11/03, signed and sealed 07/16/03.
· "Atrium at Aventura", Land Title Survey, Sheet 1 of 2, prepared by Fortin Leavy
Skiles Inc., dated 10/1/99, last revised 7/24/03, signed and sealed.
· "Atrium at Aventura", Land Title Survey, Sheet 2 of 2, prepared by Fortin Leavy
Skiles Inc., dated 10/1/99, last revised 7/24/03, signed and sealed.
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- 71
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 Uptown Marina Lofts 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. Pedow
yes
no
yes
yes
no
yes
absent from the room
Resolution No. 2003- 71
Page 5
PASSED AND ADOPTED this 7th day of October, 20~
~cSA M, ~OR~,, ~MC
LERK~
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Res~tion was fi~d i~)the
Office of the City Clerk this
__ day of October, 2003.
EXHIBIT
06-CU-03
LEGAL DESCRIPTION:
A pod[ion al the South 1/2 of Section 5, Township 52 South. Range 42 East. D~de County, Florida, being more
porticulariy described as folb3ws:
Parcel 1:
AND
Parcel 2:
AND
Parcel 3:
N 89'50'55' W 670.26 feet to the northwest c~mer of the east 1/2 of the northe(3~t I/4 of the southwest 1/4 of
AND
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 thc 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; 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 to the
Point of Beginning of the hereinafter described submerged pamel; thence North
03°11'40" West for 87.37 feet; thence North 87°30'00" East along a line parallel with and
87.36 feet north of said South line of Tract N for 266.05 feet; thence South 02°30'00 East
for I 1.20 feet; thence Nonla 87°30'00" East along a line parallel with and 76.16 feet north
of sa. id South line of Tract N for 204.23 feet; thence South 02°30'00 East for 76.16 feet to
a point on said South line of Tract N; thence South 87030'00" West along said South line
of Tract N for 469.22 feet to the Point of Beginning.
Said submerged parcel'lying and being in thc City of Aventura, Miami-Dade County,
Florida and containing 38,750 square feet or 0.890 acres more or