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2015-44 Granting Application 04-CU-15 and 04-VAR-15 to Medisca Network Inc. RESOLUTION NO. 2015-44 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL PURSUANT TO SECTION 31-144(f)(2)a. OF THE CITY CODE TO PERMIT A BUSINESS-RELATED SCHOOL IN THE MO (MEDICAL OFFICE) DISTRICT; GRANTING APPROVAL OF VARIANCE FROM SECTION 31-171(b)(8) OF THE CITY CODE TO PERMIT 28 PARKING SPACES FOR THE SCHOOL USE WHERE 42 PARKING SPACES ARE REQUIRED BY CODE; FOR THE MEDISCA NETWORK INC. TENANT SPACE IN THE OFFICE BUILDING AT 21550 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, Medisca Network Inc., through Applications Nos. 04- CU-15 and 04-VAR-15, is requesting conditional use approval pursuant to Section 31- 144(f)(2)a. of the City of Aventura Code of Ordinances ("Code") for a business-related school in the MO, Medical Office District; and variance from Section 31-171(b)(8) of the Code to allow 28 parking spaces for the business-related school where 42 parking spaces are required by Code for this use; 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 Applications meet the criteria of the Code, 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 for conditional use approval pursuant to Section 31- 144(f)(2)a. of the Code to permit a business-related school in the MO, Medical Office District and Application for variance from Section 31-171(b)(8) to permit 28 parking spaces for the business-related school use where 42 parking spaces are required by Code, on property legally described in Exhibit "A" to this resolution are hereby granted, subject to the following conditions: 1. The conditional use and variance approvals shall be granted exclusively for the Medisca Network Inc. business-related school use and shall not be transferrable to any other use; and 2. Building permits for the business-related school tenant space shall be obtained within 12 months of the date of this Resolution, failing which, this approval shall City of Aventura Resolution No. 2015-44 Page 2 be deemed null and void. The City Commission may, by resolution or motion at a regular meeting, grant one extension of up to six months for good cause shown by the applicant and upon written request for such extension by the applicant within the initial 12 month approval period; and 3. Permit plans for the tenant space shall substantially comply with the plan submitted with this application; and 4. The business-related school shall be operated in accordance with the business model submitted by the applicant with this application, including scheduling of medical training courses predominately on Friday, Saturday and Sunday; and 5. Any discontinuation of the approved conditional use for a period of 180 consecutive days shall constitute abandonment and shall rescind the approval of the conditional use, and the variance approval shall likewise terminate upon abandonment of the approved conditional use. 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 such approvals and conditions upon the records of the City. Section 3. This Resolution shall become effective immediately upon its adoption. Section 4. 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. The foregoing Resolution was offered by Commissioner Landman, who moved its adoption. The motion was seconded by Commissioner Weinberg, and upon being put to a vote, the vote was as follows: Commissioner Teri Holzberg Yes Commissioner Denise Landman Yes Commissioner Marc Narotsky Yes Commissioner Robert Shelley Absent Commissioner Howard Weinberg Yes Vice Mayor Enbar Cohen Yes Mayor Enid Weisman Yes City of Aventura Resolution No. 2015-44 Page 3 PASSED AND ADOPTED on this 7th day of July, 2015. * ii ii * Enid Weisman, Mayor ATTEST: �-'---r..." ALT /Alli ELLISA L. HORVATH P C CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: 111/\ k/V----c CITY ATTORNE This Resolution was filed in the Office of the City Clerk this 7th day of July, 2015. CITY CLERK City of Aventura Resolution No. 2015-44 Page 4 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY 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, Miami-Dade County, Florida according to the Plat thereof as recorded in Plat Book "B", Page 13, Public Records of Miami- Dade County, more particularly described as: Begin at the intersection of the westerly right of way line of Federal Highway (US No. 1) with the north line of the Northwest 1/4 of said Section 34, as shown n the "Right of Way Plans for Road No. 4", according to the Plat thereof as recorded in Plat Book 34, 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 1 degree 19 minutes 20 seconds East along a line parallel with and 222' East of the west line of the aforesaid Lot 1, Block 3 for 100.03'; Thence East along a line parallel with and 100' South of the said north line of the Northwest 1/4 for 294.61' to a point on the westerly right of way of Federal Highway; said point bears South 75 degrees 47 minutes 33 seconds 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 US No. 1, having a radius of 3784.83' and a central angle of 01 degrees 33 minutes 24 seconds for an arc distance of 102.83' to the point of beginning, lying and being in Miami-Dade County, Florida. And Lots 9 and 10, Block 24 of "Hallandale Park", according to the 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 Records 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 North 89 degrees 54 minutes 01 seconds East along the north line of the Northwest Y4 of Section 34, Township 51 South, Range 42 East, for 52.38 feet; Thence South 01 degrees 19 minutes 15 seconds East along the East line of the west 222 feet of the Northeast % of the Northeast '/4 of the Northwest 1/4 of said Section 34 for 100.02 feet; Thence South 89 degrees 54 minutes 01 seconds West along a line parallel with and 100 feet south of the said north line of the Northwest 1/4 for 54.50 feet to a point on the east line of said Lot 10; Thence North 00 degrees 06 minutes 28 seconds West along the east line of said Lot 10 for 100 feet to the point of beginning. And Los 6, 7 and 8, Block 24, of Hallandale Park, according to the Plat thereof as recorded in Plat Book 12, Page 37, of the Public Records of Miami-Dade County, Florida. And Lots 6, 7, 8, 9 and 10 of Block 23, "Hallandale Park", according to the Plat thereof as recorded in Plat Book 12, Page 37, of the Public Records of Miami-Dade County, Florida.