2015-70 Conditional Use Approval - KVVS Investors, LLC (2801 NE 213 Street) RESOLUTION NO. 2015-70
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL
TO ALLOW A BUILDING HEIGHT OF 12 STORIES AND 129'8";
WHERE A MAXIMUM HEIGHT OF 12 STORIES AND 120' IS
PERMITTED BY CODE, FOR A MEDICAL OFFICE BUILDING AT 2801
NE 213 STREET, CITY OF AVENTURA IN THE MO, MEDICAL OFFICE
DISTRICT; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property described herein is zoned MO, Medical Office District;
and
WHEREAS, the applicant, KWS Investors, LLC, through Application No. 07-CU-
15, is requesting Conditional Use approval to permit a height of 12 stories and 129'8"
for a medical office building to be constructed at 2801 NE 213 Street, City of Aventura;
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 07-CU-15 for Conditional Use to allow a height of 12
stories and 129'8", where a maximum height of 12 stories and 120' is permitted by
Code, for construction of a medical office building in the MO, Medical Office District, is
hereby granted, 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. A building permit for the medical office building shall be obtained within 12
months of the date of the approving resolution, failing which this approval shall be void.
The applicant may request, in writing and prior to expiry of the initial 12 month time
period, one six month extension of time to obtain building permits and the City
Commission may, by resolution or motion, grant such extension of time upon a showing
of good cause by the applicant; and
City of Aventura Resolution No. 2015-70
2. Plans submitted for building permits shall substantially comply with those
submitted with this application for conditional use approval as follows:
• "2801 Aventura Medical", Cover Sheet, Sheet T-001, prepared by Synalovski
Romanik Saye, dated 05/21/15, revised 10/1/15, signed and sealed 10/5/15.
• "KVVS Investors LLC", ALTA/ACSM Land Title Survey, prepared by John Ibarra and
Associates Inc., Land Surveyors, dated 8/27/15, signed and sealed.
• "2801 Aventura Medical", Site Plan, Ground Level Floor Plan, Sheet AS-101,
prepared by Synalovski Romanik Saye, dated 05/21/15, revised 10/1/15, signed and
sealed 10/5/15.
• "2801 Aventura Medical", Photometric Plan, Sheet PH-101, prepared by Synalovski
Romanik Saye, dated 05/21/15, revised 10/1/15, signed and sealed 10/5/15.
• "2801 Aventura Medical", Parking Levels 1/1A Floor Plan, Sheet A-101, prepared by
Synalovski Romanik Saye, dated 05/21/15, revised 8/28/15, signed and sealed
10/5/15.
• "2801 Aventura Medical", Parking Levels 2/2A Floor Plan, Sheet A-102, prepared by
Synalovski Romanik Saye, dated 05/21/15, revised 8/28/15, signed and sealed
10/5/15.
• "2801 Aventura Medical", Parking Levels 3/3A, 4/4A, 5/5A, 6/6A Floor Plan, Sheet
A-103, prepared by Synalovski Romanik Saye, dated 05/21/15, revised 8/28/15,
signed and sealed 10/5/15.
• "2801 Aventura Medical", Parking Level 7 Floor Plan, Sheet A-104, prepared by
Synalovski Romanik Saye, dated 05/21/15, revised 10/1/15, signed and sealed
10/5/15.
• "2801 Aventura Medical", Level 8, Sheet A-105, prepared by Synalovski Romanik
Saye, dated 05/21/15, revised 8/28/15, signed and sealed 10/5/15.
• "2801 Aventura Medical", Levels 9-12, Sheet A-106, prepared by Synalovski
Romanik Saye, dated 05/21/15, revised 8/28/15.
• "2801 Aventura Medical", Elevations, Sheet A-201, prepared by Synalovski Romanik
Saye, dated 05/21/15, revised 10/15/15, signed and sealed 10/5/15.
• "2801 Aventura Medical", Elevations, Sheet A-202, prepared by Synalovski Romanik
Saye, dated 05/21/15, revised 10/1/15, signed and sealed 10/5/15.
• "2801 Aventura Medical", Sections, Sheet A-601, prepared by Synalovski Romanik
Saye, dated 05/21/15, revised 10/1/15, signed and sealed 10/5/15.
• "2801 Aventura Medical", Landscape Plan, Sheet L-1 , prepared by Witkins Hults
Design Group dated 05/26/15, revised, signed and sealed 10/5/15.
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City of Aventura Resolution No. 2015-70
• "2801 Aventura Medical", Level 8 Plaza, Sheet L-2, prepared by Witkins Hults
Design Group dated 05/26/15, revised, signed and sealed 10/5/15.
• "2801 Aventura Medical", Landscape Details, Sheet L-3, prepared by Witkins Hults
Design Group dated 05/26/15, revised, signed and sealed 10/5/15.
• "2801 Aventura Medical", General Notes and Specifications, Sheet C100, prepared
by Ocean Engineering Inc., dated 5/21/15, signed and sealed 10/5/15.
• "2801 Aventura Medical", Drainage Plan, Sheet C200, prepared by Ocean
Engineering Inc., dated 5/21/15, signed and sealed 8/27/15.
• "2801 Aventura Medical", Water and Sewer Plan, Sheet C300, prepared by Ocean
Engineering Inc., dated 5/21/15, signed and sealed 10/5/15.
• "2801 Aventura Medical", Drainage Details, Sheet C400, prepared by Ocean
Engineering Inc., dated 5/21/15, signed and sealed 10/5/15.
• "2801 Aventura Medical", Signage and Striping Plan, Sheet C500, prepared by
Ocean Engineering Inc., dated 5/21/15, signed and sealed 10/5/15.
3. 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
4. Prior to issuance of a building permit for the proposed development, the
applicant shall:
(i) provide to the City a recorded copy of a Unity of Title or Covenant in Lieu
of Unity of Title, in form satisfactory to the City Manager and City Attorney,
to combine all parcels comprising this development into a single building
site; and
(ii) provide to the City, in form satisfactory to the City Manager and City
Attorney, a recorded copy of the dedication to the City of a 10 foot wide
road widening along the NE 214 Street frontage of the parcel; and
(iii) provide a recorded release of the 30 foot wide utility easement reserved
through Miami-Dade County Resolution No. R-1085-87 recorded in ORB
13419, Page 2772; and
(iv) provide to the City, in form satisfactory to the City Manager and City
Attorney, a recorded copy of a Restrictive Covenants for use and
operation of the mechanical parking lifts as required by Section 31-171(a)
(6) i. of the City Code; and
(v) obtain a Public Works Permit from the City's Community Services
Department for all planned improvements in the public rights of way of NE
213 Street and NE 214 Street.
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City of Aventura Resolution No. 2015-70
5. Prior to issuance of a Certificate of Occupancy or Temporary Certificate of
Occupancy, the applicant shall:
(i) complete all roadway improvements on NE 213 Street and NE 214 Street
as shown on the approved plan, to the satisfaction of the City Manager.
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 Narotsky, who moved its
adoption. The motion was seconded by Commissioner Holzberg, and upon being put
to a vote, the vote was as follows:
Commissioner Enbar Cohen Yes
Commissioner Teri Holzberg Yes
Commissioner Denise Landman Yes
Commissioner Marc Narotsky Yes
Commissioner Howard Weinberg Yes
Vice Mayor Robert Shelley Yes
Mayor Enid Weisman Absent
PASSED AND ADOPTED this 3rd day of November, 2015.
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City of Aventura Resolution No. 2015-70
C MAYOR
c °6 £ ,,;.
ATTEST:
� r
ELLISA L. HORVATH, eV IT LERK
APPROVED AS TO LEGAL SUFFICIENCY:
P/
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this 3 day of IQq , 2015.
ELLISA L. HORVATH C, CITY CLERK
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City of Aventura Resolution No. 2015-70
EXHIBIT "A"
Legal Description of Property
Parcel 1
Lots 1, 2 and 3 inclusive, in Block 36 of Hallandale Park Subdivision, according to the plat
thereof as recorded in Plat Book 12, Page 37 of the Public Records of Miami-Dade County,
Florida, together with the easterly 15 feet of NE 28 Avenue lying westerly of and adjacent to
said Lot 1, which was closed by Resolution No. R-1085-87 recorded in Official Records Book
13419, Page 2772.
Parcel 2
Lots 4 and 5, Block 36, Hallandale Park Subdivision, according to the plat thereof as recorded
in Plat Book 12, Page 37, of the Public Records of Miami-Dade County, Florida
Parcel 3
Lots 6 through 10 inclusive of Block 36, of Hallandale Park Subdivision, according to the Plat
thereof recorded in Plat Book 12, Page 37, of the Public Records of Miami-Dade County,
Florida, together with 15 feet of NE 28 Avenue lying west and adjacent to said Lot 6, closed per
Resolution No. R-1085-87.
Parcel 4
Lot 6, Block 37 of Hallandale Park Subdivision, according to the Plat thereof as recorded in Plat
Book 12, Page 37, of Public Records of Miami Dade County, Florida.
Parcel 5
Lot 7, Block 37 Hallandale Park Subdivision, according to the Plat thereof as recorded in Plat
Book 12, Page 37, of Public Records of Miami Dade County. Florida
Parcel 6
Lot 5, less the west 15 feet of NE 28 Avenue lying east of and adjacent to Lot 5 and the east 1/2
of Lot 4, Block 35 of Hallandale Park, according to the Plat thereof as recorded in Plat Book 12,
Page 37, of Public Records of Miami Dade County, Florida
Parcel 7
Lot 5, together with the west 15 feet of NE 28 Avenue lying east of and adjacent to Lot 5 and
the east 1/2 of Lot 4, Block 35 of Hallandale Park, according to the Plat thereof as recorded in
Plat Book 12, Page 37, of Public Records of Miami Dade County, Florida
Parcel 8
Lots 9 and 10, Block 35, of Hallandale Park, according to the Plat thereof as recorded in Plat
Book 12, Page 37, of Public Records of Miami Dade County, Florida, together with 15 feet of
NE 28 Avenue lying east and adjacent to Lot 10.
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