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2013-13 RESOLUTION NO. 2013-13 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OP AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL PURSUANT TO SECTION 31-144(f)(2)j. OF THE CITY CODE TO PERMIT A SELF-SERVICE STORAGE FACILITY IN THE MO (MEDICAL OFFICE) DISTRICT; GRANTING APPROVAL OF VARIANCE FROM SECTION 31- 144 (f)(4)d.3. OF THE CITY CODE TO PERMIT 29.7% OPEN SPACE, WHERE A MINIMUM OF 33% OPEN SPACE IS REQUIRED BY CODE; AND GRANTING APPROVAL OF VARIANCE FROM SECTION 31- 144(f)(4)c. OF THE CITY CODE TO PERMIT A 20 FOOT WIDE REAR YARD SETBACK, WHERE A MINIMUM REAR YARD SETBACK OF 25 FEET IS REQUIRED BY CODE, FOR THE REDEVELOPMENT OF THE SELF SERVICE STORAGE FACILITY AT 21288 BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned MO, Medical Office Ditrict; and WHEREAS, the applicant, Public Storage, through Applications Nos. 01-CU-13 and 02-VAR-13, is requesting conditional use approval pursuant to Sectio 31- 144(f)(2)j. of the City of Aventura Code of Ordinances ("Code") for a self-s rvice storage facility in the MO, Medical Office District; and variance from Sectio 31- 144(f)(4)d.3. of the Code to permit 29.7% open space, where a minimum of 33% pen space is required by the Code; and variance from Section 31-144(f)(4)c. of the Code to permit a 20 foot wide rear yard setback, where a minimum 25 foot wide rear yard setback is required by the Code, 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 Code, to the extent the Application is granted herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF ILHE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application for conditional use approval pursuant to Section 31- 144(f)(2)j. of the Code to permit a self-service storage facility in the MO, Medical Office Resolution No. 2013-13 Page 2 District; application for variance from Section 31-144(f)(4)d.3 to permit 29.7% open space, where a minimum of 33% open space is required by the Code, and appli ation for variance from Section 31-144(f)(4)c. to permit a 20 foot wide rear yard set ack, where a minimum 25 foot wide rear yard setback is required by the Code, on pr perty legally described in Exhibit "A" to this resolution are hereby granted, subject t the following conditions: 1. The applicant shall obtain building permits for the proposed development within 12 months of the date of the approving resolution, failing which this approval shall be void. The applicant may request one six month extension of tinie to obtain building permits and the City Commission may, by resolution or motion, grant such extension of time upon showing of good cause by the applicant. 2. Plans shall substantially comply with those submitted, as follows: • "Public Storage", Cover/Location/Index, Sheet C-1, prepared by Gusta o J. Carbonell, P.A., dated 8/13/2012, revised 12/4/2012, signed and s aled 2/4/2013. • "Public Storage", ALTA/ACSM Land Title Survey, Sheet 1 of 2, prepar d by Michael E. Petulla, P.L.S., dated 8/17/2012 • "Public Storage", ALTA/ACSM Land Title Survey, Sheet 2 of 2, prepared by Michael E. Petulla, P.L.S., dated 8/17/2012 • "Public Storage", Conceptual Site Plan, Sheet SP-1 , prepared by Gustavo J. Carbonell, P.A., dated 8/13/2012, revised 1/25/13, signed and sealed 2/4/2013. • "Public Storage", Ground Floor Plan, Sheet A-1, prepared by Gusta o J. Carbonell, P.A., dated 8/13/2012, revised 12/4/2012, signed and sealed 2/4/2013. • "Public Storage", 2nd Floor Plan, Sheet A-2, prepared by Gustavo J. Carbonell, P.A., dated 8/13/2012, revised 12/4/2012, signed and sealed 2/4/2013. • "Public Storage", 3rd and 4th Floor Plan, Sheet A-3, prepared by Gust vo J. Carbonell, P.A., dated 8/13/2012, revised 12/4/2012, signed and aled 2/4/2013. • "Public Storage", Roof Plan, Sheet A-4, prepared by Gustavo J. Carbonell, P.A., dated 8/13/2012, revised 12/4/2012, signed and sealed 2/4/2013. • "Public Storage", Elevation Plan, Sheet A-5, prepared by Gustavo J. Carbonell, P.A., dated 8/13/2012, revised 12/4/2012, signed and sealed 2/4/2013. • "Public Storage", West Elevation — Rear 1-Story Building Plan, Sheet A-6, prepared by Gustavo J. Carbonell, P.A., dated 8/13/2012, revised 12/4/2012, signed and sealed 2/4/2013. • "Public Storage", Overall Site Plan, Sheet C-1, prepared by Consulting Engineering & Science, Inc., dated 1/10/2013, signed and sealed 2/5/2013. • "Public Storage", Layout Plan, Sheet C-2, prepared by Consulting Engineering & Science, Inc., dated 1/10/2013, signed and sealed 2/5/2013. Resolution No. 2013-13 Page 3 • "Public Storage", Paving, Grading and Drainage Plan "A", Sheet C-3, prepared by Consulting Engineering & Science, Inc., dated 1/10/2013, signed and sealed 2/5/2013. • "Public Storage", Paving, Grading and Drainage Plan "B", Sheet C-4, prepared by Consulting Engineering & Science, Inc., dated 1/10/2013, signed and sealed 2/5/2013. • "Public Storage", Site Details, C-5, prepared by Consulting Engineering & Science, Inc., dated 1/10/2013, signed and sealed 2/5/2013. • "Public Storage", Drainage Details, C-6, prepared by Consulting Engineering & Science, Inc., dated 1/10/2013, signed and sealed 2/5/2013. • "Public Storage", Landscape Site Plan, Sheet LP-1, prepared by Mariano orral, Landscape Architect, dated 9/5/2012, revised 2/6/2013, signed and s aled 2/6/2013. • "Public Storage", Specifications and Details, Sheet LP-2, prepared by M riano Corral, Landscape Architect, dated 9/5/2012, revised 2/6/2013, signe and sealed 2/6/2013. 3. Any discontinuation of the approved conditional use for a period of 180 consecutive days shall constitute abandonment and shall rescind the appro al of the conditional use. 4. Prior to issuance of a building permit for the proposed developmen , the applicant shall provide to the City a recorded copy of a Unity of Title, in form satisfactory to the City Manager and City Attorney, to combine the two p rcels comprising this development 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 I such approvals and conditions upon the records of the City. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner Cohen, who movd its adoption. The motion was seconded by Commissioner Howard Weinberg, and upon being put to a vote, the vote was as follows: Commissioner Enbar Cohen yes Commissioner Teri Holzberg yes Commissioner Billy Joel yes Commissioner Michael Stern yes Commissioner Howard Weinberg yes Vice Mayor Luz Urbaez Weinberg yes Mayor Susan Gottlieb yes Resolution No. 2013-13 Page 4 PASSED AND ADOPTED this 5th day of March, 2013. 4j II; Zbe/r usan Gott lie., Mayor ATTES : 4114 it,..u& 4 RESA M. +ORf► A MMC TY CLERK APPROVED AS O LEG' SUFFIC N Y: CITY AT'ORNEY Th's Resolution A as `�ed in the Office of the City Clerk this �o " day of March, 2013. kj(1/■. I CLER �. Resolution No. 2013-13 Page 5 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY PARCEL #1 Being a portion of the SW 1/4 of the NE '/a of the NW '/a and SE '/4 of the NE '/4 f the NW '/4 of Section 34, Township 51 South, Range 42 East, Dade County, Florida, as follows: Beginning at a point on the west line of said SW 1/4 of NE 1/4 of NW '/4 located 273 feet north of the southwest corner of said SW '/4; Thence Run easterly parallel to and 272.948 feet north of the south line of said SW '/4 and SE '/4 793.84 feet to the westerly right of way line of Federal Highway U.S. No. 1; Thence Run northeasterly along said right of way 100 feet; Thence Run westerly parallel to and 363.91 feet north f the south line of said SW '/4 and SE '/4 837.29 feet to the said west line of SW '/4; Thence Run southerly along said west line 90.98 feet to the point of beginning. PARCEL #2 That parts of Lots 3 and 4, Block 3 of Hallandale, lying westerly of the right of w y of State Road #4, according to the plat thereof recorded in Plat Book "B", at Page 3 of the Public Records of Dade County, Florida, more particularly described as follows: Beginning at a point on the westerly boundary line of Lot 3, Block 3, said point being 150.05 feet south of the northwest corner of said Lot 3, Block 3; Run Thence easterly on the line parallel to the south line of said Lots 3 and 4, a distance of 908.47 feet to a point being on the westerly line of State Road #4 or Federal Highway U.S. #1; Th nce Run in a southwesterly direction on the westerly line of State Road #4 a distance of 163.80 feet to a point; Thence Run along a line deflecting to the right 114°31'49" said line being parallel to the south line of said Lots 3 and 4, Block 3, a distance of 837.29 feet to a point; Thence along a line deflecting 91°13'03", to the right along the westerly line of Lot 3, Block 3, a distance of 149.05 feet to the point of beginning.