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2015-08 Aventura Hospital and Medical Center Heliport RESOLUTION NO. 2015-08 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL TO ALLOW A HELIPORT ON THE ROOFTOP OF THE NORTH TOWER OF THE AVENTURA HOSPITAL AND MEDICAL CENTER AT 20900 BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned MO, Medical Office District; and WHEREAS, the applicant, Miami Beach Healthcare Group, Ltd., doing business as Aventura Hospital and Medical Center, through Application No. 01-CU-15, is requesting Conditional Use approval to permit a heliport use on the rooftop of the north tower of the Aventura Hospital and Medical Center; and WHEREAS, the City Commission held a quasi-judicial public hearing as provided by law to review the application; 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application 01-CU-15 for Conditional Use to allow a heliport use on the rooftop of the north tower of the Aventura Hospital and Medical Center in the MO, Medical Office District, is hereby granted exclusively to the Applicant, subject to the conditions set out in this Resolution, on property legally described in Exhibit "A" to this Resolution. Section 2. Approval of the request above is subject to the following conditions: 1. This approval shall be granted exclusively to Miami Beach Healthcare Group Ltd., doing business as Aventura Hospital and Medical Center, and 2. Plans submitted for permitting shall substantially comply with the plans submitted with this application for conditional use approval, and 3. The applicant shall obtain all necessary permits from governmental authorities having jurisdiction, including the City of Aventura, the Federal Aviation Administration (FAA) and Florida Department of Transportation (FDOT), and Resolution No. 2015-08 Page 2 4. Permits for construction of the heliport shall be obtained within twelve (12) months of the date of this approval, or the approval granted shall be deemed null and void unless extended by a motion of the City Commission, and 5. The heliport shall be constructed and operated in accordance with all regulations specified in the permits issued by the regulating authorities, and 6. This conditional use approval may be revoked by the City Commission upon the holding of a duly posted public hearing, requested by the City Manager or any Commissioner, if, in the determination of the City Commission, the helistop facility poses a public nuisance or a threat to the public health, safety and general welfare. The decision of the City Commission is to be made at its sole discretion, is final and not subject to further judicial review, and 7. Any discontinuation of the heliport for a period of 180 consecutive days shall constitute abandonment and shall rescind this approval, and 8. No commercial or training activities shall take place at the heliport. Operations shall be limited to private and government-authorized emergency operations and/or other government-authorized activities, and 9. Unauthorized persons shall be restrained from access to the take-off/landing area during helicopter flight operations. Hospital security staff shall supervise the rooftop immediately before, during and after take-offs and landings, and 10. FAA-required Caution Signs shall be erected at the heliport, and 11. No fueling or maintenance of aircraft shall be undertaken at the heliport, and 12. The emergency and safety equipment required at the facility shall be maintained in good working order at all times, and 13. The applicant shall provide to the City a copy of all communications received from State and Federal authorities affecting the operation of the heliport, and 14. All approach and departure route helicopter operations shall be conducted in accordance with specifications in the governmental approvals, and 15. The Applicant will re-examine obstacles in the vicinity of the approach/departure paths on an annual basis in accordance with FAA Advisory Circular 150/5390- 2C. Any new obstacles noted will be forwarded to the Airport District Office, Flight Standards District Office or Regional Flight Standards Division. Compliance with the above will be based on FAA requirements, and Resolution No. 2015-08 Page 3 16. In the event that a developer is unable to construct a building in Hallandale Beach to the maximum height allowed under the Hallandale Beach land development regulations, and such inability is caused solely by the FAA- approved flight path for the Aventura Hospital heliport, Aventura Hospital agrees to contact the FAA and use good faith efforts to modify the flight path. Section 3. Issuance of this development order by the City of Aventura does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City of Aventura for issuance of the development order if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All applicable state and federal permits must be obtained before commencement of the development. This condition is included pursuant to Section 166.033, Florida Statutes, as amended. Section 4. 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 Shelley, and upon being put to a vote, the vote was as follows: Commissioner Enbar Cohen Yes Commissioner Denise Landman Yes Commissioner Marc Narotsky Yes Commissioner Robert Shelley Yes Commissioner Howard Weinberg Yes Vice Mayor Teri Holzberg Yes Mayor Enid Weisman Absent PASSED AND ADOPTED this 6th day of January, 2015. Resolution No. 2015- 08 Page 4 V re tii7 Teri Holzberg, 'c- 'ayor ATTEST: Ellisa L. Horvath, M ;city Clerk APPROVED AS TO LEGAL SUFFI NCY: City Attorney This Resolution was filed in the Office of the City Clerk this CL, day of , 2015. Ellisa L. Horvath, M ity Clerk Resolution No. 2015-08 Page 5 EXHIBIT "A" Legal Description of Property Tracts 1, 2 and 3 of Biscayne Medical Plaza, according to the Plat thereof, as recorded in Plat Book 137, Page 76 of the Public Records of Miami-Dade County, Florida. Together with: The west 1/2 of the northwest quarter of the southeast quarter of the northwest quarter of Section 34, Township 51 South, Range 42 East, of Miami-Dade County, Florida; a/k/a The west 1/2 of Lot 2, in Block 6 of Map of Town of Hallandale, according to the plat thereof as recorded in Plat Book B, at Page 13 of the Public Records of Miami-Dade County, Florida. Less the following portions thereof: The west 25 feet of Lot 2 in Block 6 of the northwest 1/4 of Section 34, Township 51 South, Range 42 East of Map of Town of Hallandale, according to the Plat thereof as recorded in Plat Book B at Page 13 of the Public Records of Miami-Dade County, Florida. And The south 25 feet of the west �/2 of Lot 2, of Block 6 of the northwest 1/4 of Section 34, township 51 South, Range 42 East of Map of the Town of Hallandale, according to the plat thereof as recorded in Plat Book B at Page 13 of the Public Records of Miami-Dade County, Florida. And The area bounded by the north line of the south 25 feet of Lot 2, of said Block 6 and bounded by the east line of the west 25 feet of Lot 2, of said Block 6; and bounded by a 25 foot radius arc concave to the northeast, said arc being tangent to both of the last described lines. Further Less and Except Therefrom the Following: All units within Biscayne Medical Plaza, a condominium, as recorded in Book 14509, Page 205; as amended pursuant to the instruments recorded in Book 15003, Page 691, Book 15691, Page 2934 and in Book 22973, page 10 of the Public Records of Miami- Dade County, Florida.