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2004-042 RESOLUTION NO. 2004-42 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA ABANDONING THAT PORTION OF NE 29 COURT LYING NORTH OF NE 214 TERRACE, AS RESERVED ON THE PLAT OF HALLANDALE PARK, PLAT BOOK 12, PAGE 37 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; AND GRANTING APPROVAL OF A VARIANCE FROM SECTION 31- 144(1)(4)a. OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW DEVELOPMENT OF A PARCEL MEASURING 0.981 ACRES IN SIZE IN THE MEDICAL OFFICE (MO) DISTRICT, WHERE A MINIMUM LOT SIZE OF 1.5 ACRES IS REQUIRED BY CODE FOR PROPERTY LOCATED AT 21420 BISCAYNE BOULEVARD, CITY OF AVENTURA, FLORIDA; PROVIDING FOR RECORDATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned MO, Medical Office District; and WHEREAS, the Applicant, H & K Development LLLP, through Application No. 01-AR-04, has requested abandonment of that portion of NE 29 Court lying north of NE 214 Terrace reserved on the plat of Hallandale Park, measuring approximately 54 feet in width and 100 feet in length; and WHEREAS the Applicant has proffered to the City the sum of $53,500.00 as an impact offset for the abandonment of such right of way and the City Commission has determined that the City Manager shall determine the specific level of mitigation to be paid by Applicant for the City's loss of the potential landscape corridor area, after negotiations with the Applicant; and WHEREAS, the applicant, H & K Development LLLP, through Application No. 01-VAR-04, is requesting a variance from Section 31-144(f)(4)a. of the City's Land Development Regulations to allow development of a parcel measuring 0.981 acres in size in the Medical Office (MO) district, where a minimum lot size of 1.5 acres is required by Code; and Resolution No. 2004-42 Page 2 WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and WHEREAS, the City Commission finds that the Applications meet the criteria of the applicable codes and ordinances, to the extent the Applications are granted herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application No. 01-AR-04 for abandonment of the portion of NE 29 Court lying north of NE 214 Terrace and reserved on the plat of Hallandale Park, legally described in Exhibit "A" to this resolution is hereby granted as in the public interest, subject to the following condition: 1. That the applicant record a Unity of Title in form satisfactory to the City Attorney to join the abandoned right of way with the lands owned by the applicant to the east and west, or, in the alternative, apply for and obtain plat or replat which combines the property with the abandoned right of way as one parcel. Section 2. Application No. 01-VAR-04 for a variance from Section 31-144(f)(4)a. of the City's Land Development Regulations to allow development of a parcel measuring 0.981 acres in size in the Medical Office (MO) district, where a minimum lot size of 1.5 acres is required by Code, on property at 21420 Biscayne Boulevard, Aventura, legally described in Exhibit "B" to this resolution is hereby granted to the Applicant, subject to the following conditions: i. Plans shall substantially comply with those submitted as follows: . "Medical Office Building", Cover Sheet, Sheet AO.01, prepared by Kobi Karp Architecture Interior Design Planning, dated 04/01/04, signed and sealed 06122/04. . "Medical Office Building", Data Summary, Sheet AO.02, prepared by Kobi Karp Architecture Interior Design Planning, dated 04/01/04, revised 08110/04, signed and sealed 08/10/04. Resolution No. 2004-42 Page 3 . "Medical Office Building", Site Plan and Flood Control. Sheet A 1.00, prepared by Kobi Karp Architecture Interior Design Planning, dated 04/01/04, signed and sealed 06/22/04. . "Medical Office Building", Ground Level Plan, Sheet A1.01, prepared by Kobi Karp Architecture Interior Design Planning, dated 04/01/04, signed and sealed 06/22/04. . "Medical Office Building", Floor Plan, Sheet A1.02, prepared by Kobi Karp Architecture Interior Design Planning, dated 04/01/04, signed and sealed 06/22/04. . "Medical Office Building", Office Floor Plan, Roof Level Plan, Sheet A1.03, prepared by Kobi Karp Architecture Interior Design Planning, dated 04/01/04, signed and sealed 06/22/04. . "Medical Office Building", Building Elevations, Sheet A2.00, prepared by Kobi Karp Architecture Interior Design Planning, dated 04/01/04, signed and sealed 06122/04. . "Medical Office Building", Elevations East and West, Sheet A2.01, prepared by Kobi Karp Architecture Interior Design Planning, dated 04/01/04, signed and sealed 06/22/04. . "Hochstein-Kane Building", Boundary and Topographic Survey, Sheet 1 of 1, prepared by Fortin Leavy Skiles Inc., dated 02/17/04, signed and sealed 02/27/04. . "Hochstein-Kane Medical Office Building", Landscape Plan, Sheet LP-1, prepared by Mariano Corral, dated OS/28/04, signed and sealed. ii. This variance approval is subject to approval of the abandonment of right of way under Application No. 01-AR-04 and fulfillment of its conditions. iii. 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. 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. Resolution No. 2004-42 Page 4 The foregoing Resolution was offered by Vice Mayor Diamond, who moved its adoption. The motion was seconded by Commissioner Auerbach, and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Vice Mayor Bob Diamond Mayor Jeffrey M. Perlow yes yes yes yes yes yes absent from the room PASSED AND ADOPTED this 7th day of September, 2004. ~~~ BOB DIAMOND, VICE MAYOR CI Resolution No. 2004.42 Page 5 EXHIBIT "A" A portion of a reserved strip of land as shown on the plat of Hallandale Park, as recorded in Plat Book 12 at Page 37 of the Public Record of Miami-Dade County, Florida, being more particularly described as follows: Begin at the northeast corner of Lot 10, Block 24 of said plat of Hallandale Park; thence N89254'01"E along the north line of the NW 1.4 of Section 34, Township 51 South, Range 42 East for 52.38 feet; thence S01219'15"E along the east line of the West 222 feet of the NE 1.4 of the NE 1.4 of the NW 1.4 of said Section 34 for 100.02 feet; thence S89254'01"W along a line parallel with and 1 00 feet south of the said north line of the NW 1.4 for 54.50 feet to a point on the east line of said Lot 10; thence NO0206'28"W along the east line of said Lot 1 0 for 1 00 feet to the point of beginning. Resolution No. 2004-42 Page 6 EXHIBIT "B" A portion of Lot 1 in Block 3 and the right of way adjacent thereto in Section 34,Township 51 South, Range 42 East, "Map of the Town of Hallandale, Dade County, Florida", according to the plat thereof as recorded in Plat Book B, Page 13, Public Records of Miami-Dade County, Florida, more particularly described as follows: Begin at the intersection of the westerly right of way line of Federal Highway (U.S. No.1) with the north line of the Northwest 1.4 of said Section 34 as shown on the "Right of way Plans for Road No.4" according to the plat thereof as recorded in Plat Book 34 at Page 54 of the Public Records of Miami-Dade County, Florida and run West along the aforesaid North line of the Northwest 1.4 for 320.8'; thence South 1219'20" East along a line parallel with and 222' East of the West line of the aforesaid Lot 1, Block 3 for 1 00.03'; thence East along a line parallel with and 1 00' South of the said North line of the Northwest 1.4 for 294.61' to a point on the westerly right of way line of Federal Highway; said point bears South 75247'33" East from the radius point of the next described curve; thence Northeasterly along a circular curve to the left being coincident with the aforesaid Westerly right of way line of U.S. No.1 having a radius of 3784.83' and a central angle of 1233'24" for an arc distance of 102.83' to the point of beginning, lying and being in Miami-Dade County, Florida And all of Lots 9 and 10, Block 24, Hallandale Park, according to the map or plat thereof as recorded in Plat Book 12, Page 37, Public Records of Miami-Dade County, Florida And a portion of a reserved strip of land as shown on the plat of Hallandale Park, as recorded in Plat Book 12 at Page 37 of the Public Record of Miami-Dade County, Florida, being more particularly described as follows: Begin at the northeast corner of Lot 10, Block 24 of said plat of Hallandale Park; thence N89254'01"E along the north line of the NW 1.4 of Section 34, Township 51 South, Range 42 East for 52.38 feet; thence S01219'15"E along the east line of the West 222 feet of the NE 1.4 of the NE 1.4 of the NW 1.4 of said Section 34 for 100.02 feet; thence S89254'01"W along a line parallel with and 1 00 feet south of the said north line of the NW 1.4 for 54.50 feet to a point on the east line of said Lot 10; thence NO0206'28"W along the east line of said Lot 10 for 100 feet to the point of beginning.