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Resolution No. 2016-20 Granting Variance for Aventura Hospital Expansion - March 1, 2016 RESOLUTION NO. 2016-20 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING APPROVAL OF VARIANCE TO SECTION 31-144(f)(4)d. OF THE CITY CODE TO ALLOW OPEN SPACE OF 21.8% WHERE A MINIMUM 33% IS REQUIRED BY CODE; AND MODIFICATION OF THE VARIANCE TO SECTION 31-144(f)(4)d. OF THE CITY CODE GRANTED THROUGH RESOLUTION NO. 2002-07 TO ALLOW A FLOOR AREA RATIO OF 1.38 WHERE A FLOOR AREA RATIO OF 1.35 WAS GRANTED THROUGH RESOLUTION NO. 2002-07 AND MAXIMUM FLOOR AREA RATIO PERMITTED BY CODE IS 1.28, FOR AN EXPANSION TO THE AVENTURA HOSPITAL AT 20900 BISCAYNE BOULEVARD, CITY OF AVENTURA; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned MO, Medical Office District; and WHEREAS, the applicant, Miami Beach Healthcare Ltd., through Application No. 01-VAR-16, is requesting a variance from Section 31-144(f)(4)d. of the City Code to allow open space of 21 .8%, where a minimum 33% open space is required by Code and modification of the variance to Section 31-144(f)(4)d. of the City Code to allow a floor area ratio of 1 .38 where a maximum floor area ratio of 1.35 was granted through Resolution No. 2002-07 and a maximum floor area ratio of 1.28 is permitted by 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 applicable codes and ordinances, to the extent the Application is granted herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application for variance to Section 31-144(f)(4)d. of the City Code to allow open space of 21.8%, where a minimum 33% open space is required by Code and modification of a variance from Section 31-144(f)(4)d. of the City Code to allow a floor area ratio of 1.38 where a maximum floor area ratio of 1.35 was permitted through Resolution No. 2002-07 and the maximum floor area ratio of 1.28 is permitted by Code, on property legally described in Exhibit "A" to this resolution is hereby granted exclusively to the Applicant, subject to the following conditions: City of Aventura Resolution No. 2016-20 1) Plans submitted for building permit shall substantially comply with those submitted as follows: • "Aventura Hospital and Medical Center", Cover Sheet, Sheet C000, prepared, by Gresham Smith and Partners, dated, signed and sealed 1/29/2016. • "Aventura Hospital and Medical Center", General Notes, Sheet C001, prepared, by Gresham Smith and Partners, dated, signed and sealed 1/29/2016. • "Aventura Hospital & Medical Center", ALTA/ACSM Land title Survey, Sheet 1 of 4, prepared by Fortin, Leavy, Skiles, Inc., signed and sealed. • "Aventura Hospital & Medical Center", ALTA/ACSM Land title Survey, Sheet 2 of 4, prepared by Fortin, Leavy, Skiles, Inc., signed and sealed. • "Aventura Hospital & Medical Center", ALTA/ACSM Land title Survey, Sheet 3 of 4, prepared by Fortin, Leavy, Skiles, Inc., signed and sealed. • "Aventura Hospital & Medical Center", ALTA/ACSM Land title Survey, Sheet 4 of 4, prepared by Fortin, Leavy, Skiles, Inc., signed and sealed. • "Aventura Hospital and Medical Center", Overall Existing Campus, Sheet C100, prepared, by Gresham Smith and Partners, dated 1/29/2016, not signed and sealed. • "Aventura Hospital and Medical Center", Existing Conditions-ED Expansion, Sheet C101, prepared, by Gresham Smith and Partners, dated 1/29/2016, not signed and sealed. • "Aventura Hospital and Medical Center", Existing Conditions-Remote Surface Parking Lot, Sheet C102, prepared, by Gresham Smith and Partners, dated 1/29/2016, not signed and sealed. • "Aventura Hospital and Medical Center", Demolition Plan—ED Expansion, Sheet C103, prepared, by Gresham Smith and Partners, dated, signed and sealed 1/29/2016. • "Aventura Hospital and Medical Center", Demolition Plan—Remote Surface Parking, Sheet C104, prepared, by Gresham Smith and Partners, dated, signed and sealed 1/29/2016. • "Aventura Hospital and Medical Center", Overall Site Plan, Sheet C200, prepared, by Gresham Smith and Partners, dated, signed and sealed 1/29/2016. • "Aventura Hospital and Medical Center", Overall Campus Parking Exhibit, Sheet C201 , prepared, by Gresham Smith and Partners, dated, signed and sealed 1/29/2016. • "Aventura Hospital and Medical Center", Site Plan—ED Expansion, Sheet C202, prepared, by Gresham Smith and Partners, dated, signed and sealed 1/29/2016. • "Aventura Hospital and Medical Center", Site Signage Plan – ED Expansion, Sheet C203, prepared, by Gresham Smith and Partners, dated, signed and sealed 1/29/2016. • "Aventura Hospital and Medical Center", Site Plan—Remote Surface Parking Lot, Sheet C204, prepared, by Gresham Smith and Partners, dated, signed and sealed 1/29/2016. • "Aventura Hospital and Medical Center", Overall Site Grading and Drainage Plan- ED Expansion, Sheet C300, prepared, by Gresham Smith and Partners, dated, signed and sealed 1/29/2016. Page 2 of 7 City of Aventura Resolution No. 2016-20 • "Aventura Hospital and Medical Center", Detailed Site Grading and Drainage Plan— ED Expansion, Sheet C301, prepared, by Gresham Smith and Partners, dated, signed and sealed 1/29/2016. • "Aventura Hospital and Medical Center", Detailed Site Grading and Drainage Plan— ED Expansion, Sheet C302, prepared, by Gresham Smith and Partners, dated, signed and sealed 1/29/2016. • "Aventura Hospital and Medical Center", Detailed Site Grading and Drainage Plan— ED Expansion, Sheet C303, prepared, by Gresham Smith and Partners, dated, signed and sealed 1/29/2016. • "Aventura Hospital and Medical Center", Site Grading and Drainage Plan—Remote Surface Parking Lot, Sheet C304, prepared, by Gresham Smith and Partners, dated, signed and sealed 1/29/2016. • "Aventura Hospital and Medical Center", Grading Sections—Remote Surface Parking Lot, Sheet C305, prepared, by Gresham Smith and Partners, dated, signed and sealed 1/29/2016. • "Aventura Hospital and Medical Center", Overall Existing Drainage Map —, Sheet C400, prepared, by Gresham Smith and Partners, dated, signed and sealed 1/29/2016. • "Aventura Hospital and Medical Center", Existing Drainage Plan—ED Expansion, Sheet C401 , prepared, by Gresham Smith and Partners, dated, signed and sealed 1/29/2016. • "Aventura Hospital and Medical Center", Proposed Drainage Plan—ED Expansion, Sheet C402, prepared, by Gresham Smith and Partners, dated, signed and sealed 1/29/2016. • "Aventura Hospital and Medical Center", Existing Drainage Plan-Remote Surface Parking Lot, Sheet C403, prepared, by Gresham Smith and Partners, dated, signed and sealed 1/29/2016. • "Aventura Hospital and Medical Center, Proposed Drainage Plan- Remote Surface Parking Lot Sheet C404, prepared, by Gresham Smith and Partners, dated, signed and sealed 1/29/2016. • "Aventura Hospital and Medical Center, Site Utility Plan, Sheet C501, prepared, by Gresham Smith and Partners, dated, signed and sealed 1/29/2016. • "Aventura Hospital and Medical Center", ED Addition – SWPPP Plan Phase I, Sheet C600, prepared, by Gresham Smith and Partners, dated, signed and sealed 1/29/2016. • "Aventura Hospital and Medical Center", ED Addition – SWPPP Plan Phase I, Sheet C601, prepared, by Gresham Smith and Partners, dated, signed and sealed 1/29/2016. • "Aventura Hospital and Medical Center", Remote Surface Parking Lot – SWPPP Plan Phase I, Sheet C602, prepared, by Gresham Smith and Partners, dated, signed and sealed 1/29/2016. • "Aventura Hospital and Medical Center", Remote Surface Parking Lot – SWPPP Plan Phase II, Sheet C603, prepared, by Gresham Smith and Partners, dated, signed and sealed 1/29/2016. • "Aventura Hospital and Medical Center", Site Details, Sheet C901, prepared, by Gresham Smith and Partners, dated, signed and sealed 1/29/2016. Page 3 of 7 City of Aventura Resolution No. 2016-20 • "Aventura Hospital and Medical Center", Site Details, Sheet C902, prepared, by Gresham Smith and Partners, dated, signed and sealed 1/29/2016. • "Aventura Hospital and Medical Center", Site Details, Sheet C903, prepared, by Gresham Smith and Partners, dated, signed and sealed 1/29/2016. • "Aventura Hospital and Medical Center", Site Details, Sheet C904, prepared, by Gresham Smith and Partners, dated, signed and sealed 1/29/2016. • "Aventura Hospital and Medical Center", Site Details, Sheet C905, prepared, by Gresham Smith and Partners, dated, signed and sealed 1/29/2016. • "Aventura Hospital and Medical Center", Site Details, Sheet 0906, prepared, by Gresham Smith and Partners, dated, signed and sealed 1/29/2016. • "Aventura Hospital and Medical Center", Site Details, Sheet C907, prepared, by Gresham Smith and Partners, dated, signed and sealed 1/29/2016. • "Aventura Hospital and Medical Center", Tree Disposition Plan - ED Expansion, Sheet L101 , prepared, by Gresham Smith and Partners, dated, signed and sealed 1/29/2016. • "Aventura Hospital and Medical Center", Tree Disposition Plan — Remote Surface Parking Lot, Sheet L102, prepared, by Gresham Smith and Partners, dated, signed and sealed 1/29/2016. • "Aventura Hospital and Medical Center", Landscape Plan-ED Expansion, Sheet L201, prepared, by Gresham Smith and Partners, dated, signed and sealed 1/29/2016. • "Aventura Hospital and Medical Center", Landscape Plan-Remote Surface Parking Lot, Sheet L202, prepared, by Gresham Smith and Partners, dated, signed and sealed 1/29/2016. • "Aventura Hospital and Medical Center", First Floor — New Construction Plan, Sheet A2.1.1, prepare, by Gresham Smith and Partners, dated 12/17/2015, signed and sealed 1/26/2016. • "Aventura Hospital and Medical Center", Third Floor — Roof Plan, Sheet A2.3, prepared by Gresham Smith and Partners, dated 12/17/2015, signed and sealed 1/26/2016. • "Aventura Hospital and Medical Center", North and East Elevation, Sheet A3.00A, prepared by Gresham Smith and Partners, dated 12/17/2015, signed and sealed 1/26/2016. • "Aventura Hospital and Medical Center", South and West Elevation, Sheet A3.00B, prepared by Gresham Smith and Partners, dated 12/17/2015, signed and sealed 1/26/2016. • "Aventura Hospital and Medical Center", Electrical — Site Plan, Sheet ES1 .00, prepared by Gresham Smith and Partners, dated 1/29/2016, signed and sealed 1/28/2016. 2) A building permit for the project 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. The City Commission may, at a regular or special meeting, grant up to a six-month extension request for good cause shown by the applicant. Page 4 of 7 City of Aventura Resolution No. 2016-20 3) The owner agrees to design and construct road improvements on NE 211 Street and East Dixie Highway, consisting of sidewalk and curb and necessary drainage improvements as approved by the City, as part of any future hospital expansion or improvement project that first occurs after this emergency room and surface parking lot expansion; however, if such hospital expansion or improvements are not initiated prior to March 1, 2017, the owner shall complete the design and construction of the road improvements no later than March 1, 2018. The owner may request an extension of time to complete the design and construction of the road improvements and the City Manager may grant up to a six-month extension for good cause shown by the owner. 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. 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 Narotsky, 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 1st day of March, 2016. Page 5 of 7 City of Aventura Resolution No. 2016-20 - 1 ATTEST: g0 13 Eig7" 5 E1.1..E� I Qty M ELLISA L. HORVATH, C CITY CLERK APPROVED AS O LEG SUFFIC,ENCY: / I CITY TTORN Y This Resolution was filed in the Office of the City Clerk this I day of March, 2016. CITY CLERK Page 6 of 7 City of Aventura Resolution No. 2016-20 EXHIBIT "A" TO RESOLUTION NO. 2016-20 LEGAL DESCRIPTION OF LAND PARCEL 1: 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; aka the west 1/2 of Lot 2 in Block 6 of Map of the Town of Hallandale, according to the Plat thereof, as recorded in Plat Book B, 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 the Town of Hallandale, according to the Plat thereof as recorded in Plat Book B, Page 13 of the Public Records of Miami-Dade County, Florida AND The south 25 feet of the west 1/2 of Lot 2, 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, 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 line. FURTHER LESS AND EXCEPT FROM THE FOLLOWING: All units within Biscayne Medical Plaza, a Condominium, as recorded in Official Records Book 14509, Page 205; as amended pursuant to the instruments recorded in Official Records Book 15003, Page 691, Official Records Book 15691, Page 2934 and in Official Records Book 22973, Page 10, of the Public Records of Miami-Dade County, Florida. Page 7 of 7