Resolution No. 2016-67 Conditional Use for Lot Coverage & Increased Floor Area Ratio and Variance for Lot Size (Shalev Development Group LLC - 2851 NE 213 Street) - November 1, 2016 RESOLUTION NO. 2016-67
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL
TO ALLOW LOT COVERAGE OF 55.55% WHERE MAXIMUM LOT
COVERAGE OF 40% IS PERMITTED BY CODE AND TO ALLOW
FLOOR AREA RATIO OF 2.0 WHERE MAXIMUM FLOOR AREA RATIO
OF 1.50 IS PERMITTED BY CODE; GRANTING VARIANCE APPROVAL
TO ALLOW A LOT SIZE OF 1.36 ACRES FOR DEVELOPMENT IN THE
MEDICAL OFFICE (MO) DISTRICT WHERE A MINIMUM LOT SIZE OF
1.5 ACRES IS REQUIRED BY CODE, ALL FOR AN OFFICE/HOTEL
BUILDING TO BE CONSTRUCTED PURSUANT TO THE CITY'S
GREEN BULDING PROGRAM, LOCATED AT 2851 NE 213 STREET,
CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property described herein in Exhibit "A" is zoned Medical Office
(MO) District; and
WHEREAS, the applicant, Shalev Development Group LLC, through Application
No. 02-CU-16 is requesting conditional use approval pursuant to Section 31-144(f)(2)k.
and I. of the City Code to allow increased lot coverage and increased floor area for a
development to be constructed under the City's Green Building Program; and
WHEREAS, the applicant, Shalev Development Group LLC, through Application
No. 03-VAR-16, is requesting variance from Section 31-144(f)(4)a. of the City Code to
allow development on a 1.36 acre lot, where a minimum 1 .5 acre lot is required 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 Applications meet the criteria of
the applicable codes and ordinances, 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 to allow increased lot coverage of
55.55% where a maximum 40% lot coverage is permitted by Code and to allow
increased floor area ratio of 2.0 where a maximum of 1.50 floor area ratio is permitted
by Code, is hereby granted, subject to the conditions set out in this Resolution, on
City of Aventura Resolution No. 2016-67
property legally described in Exhibit "A" to this Resolution and known as municipal
address 2851 NE 213 Street, City of Aventura.
Section 2. Application for Variance to allow development on a 1.36 acre lot,
where a minimum size of 1.5 acres is required by Code, is hereby granted, subject to
the conditions set out in this Resolution, on property legally described in Exhibit "A" to
this Resolution and known as municipal address 2851 NE 213 Street, City of Aventura.
Section 3. Approval of the applications above is subject to the following
conditions:
1. Plans submitted for building permit shall substantially comply with those submitted
as follows:
• "Shalev Development", Cover Sheet, Drawing 000, prepared by Rodriguez,
Peterson & Porras, Architects, signed and sealed 05/26/16.
• "Shalev Development", Alta/NSPS Land Title Survey, Sheet 1 of 2, prepared by
Fortin Leavy Skiles Inc., dated 2/9/16, signed and sealed.
• "Shalev Development", Alta/NSPS Land Title Survey, Sheet 2 of 2, prepared by
Fortin Leavy Skiles Inc., dated 2/9/16, signed and sealed.
• "Shalev Development", Zoning Map and Project Development Data, Drawing
A001, prepared by Rodriguez, Peterson & Porras, Architects, signed and sealed
05/26/16.
• "Shalev Development", Floor Area Tabulation Diagrams, Drawing A002,
prepared by Rodriguez, Peterson & Porras, Architects, signed and sealed
05/26/16.
• "Shalev Development", Context Maps, Drawing A003, prepared by Rodriguez,
Peterson & Porras, Architects, signed and sealed 05/26/16.
• "Shalev Development", Context Photos, Drawing A004, prepared by Rodriguez,
Peterson & Porras, Architects, signed and sealed 05/26/16.
• "Shalev Development", Off-Site Sketch, Drawing A005, prepared by Rodriguez,
Peterson & Porras, Architects, signed and sealed 05/26/16.
• "Shalev Development", Building Facades, Drawing A006, prepared by
Rodriguez, Peterson & Porras, Architects, signed and sealed 05/26/16.
• "Shalev Development", Building Façade Materials, Drawing A007, prepared by
Rodriguez, Peterson & Porras, Architects, signed and sealed 05/26/16.
• "Shalev Development", Site Plan, Drawing A100, prepared by Rodriguez,
Peterson & Porras, Architects, signed and sealed 05/26/16.
• "Shalev Development", Floor Plan Level 1, Drawing A301, prepared by
Rodriguez, Peterson & Porras, Architects, signed and sealed 05/26/16.
Page 2 of 7
City of Aventura Resolution No. 2016-67
• "Shalev Development", Floor Plan Level 2, Drawing A302, prepared by
Rodriguez, Peterson & Porras, Architects, signed and sealed 05/26/16.
• "Shalev Development", Floor Plan Level 2, Drawing A302, prepared by
Rodriguez, Peterson & Porras, Architects, signed and sealed 05/26/16.
• "Shalev Development", Floor Plan Levels 3-5, Drawing A303, prepared by
Rodriguez, Peterson & Porras, Architects, signed and sealed 05/26/16.
• "Shalev Development", Floor Plan Level 6, Drawing A306, prepared by
Rodriguez, Peterson & Porras, Architects, signed and sealed 05/26/16.
• "Shalev Development", Floor Plan Level 7, Drawing A307, prepared by
Rodriguez, Peterson & Porras, Architects, signed and sealed 05/26/16.
• "Shalev Development", Floor Plan Level 8, Drawing A308, prepared by
Rodriguez, Peterson & Porras, Architects, signed and sealed 05/26/16.
• "Shalev Development", Floor Plan Levels 9-11, Drawing A309, prepared by
Rodriguez, Peterson & Porras, Architects, signed and sealed 05/26/16.
• "Shalev Development", Floor Plan Level 12, Roof, Drawing A312, prepared by
Rodriguez, Peterson & Porras, Architects, signed and sealed 05/26/16.
• "Shalev Development", Building Elevation, Drawing A401, prepared by
Rodriguez, Peterson & Porras, Architects, signed and sealed 05/26/16.
• "Shalev Development", Building Elevation, Drawing A402, prepared by
Rodriguez, Peterson & Porras, Architects, signed and sealed 05/26/16.
• "Shalev Development", Building Section, Drawing A5.00, prepared by Rodriguez,
Peterson & Porras, Architects, signed and sealed 05/26/16.
• "Shalev Development", Landscape Plan, Drawing L-100, prepared by Curtis and
Rogers Design Studio Inc., signed and sealed.
• "Shalev Development", Planting Plan Details, Drawing L-102, prepared by Curtis
and Rogers Design Studio Inc., signed and sealed.
• "Shalev Development", Civil Plans Cover Sheet, Drawing C-1, prepared by Fortin
Leavy Skiles Inc., signed and sealed 5/31/16.
• "Shalev Development", Civil Plans Notes, Drawing C-2, prepared by Fortin Leavy
Skiles Inc., signed and sealed 5/31/16.
• "Shalev Development", Civil Plans Paving and Marking Plan, Drawing C-3,
prepared by Fortin Leavy Skiles Inc., signed and sealed 5/31/16.
• "Shalev Development", Civil Plans Grading and Drainage Plan, Drawing C-4,
prepared by Fortin Leavy Skiles Inc., signed and sealed 5/31/16.
• "Shalev Development", Civil Plans Water and Sewer Plans, Drawing C-5,
prepared by Fortin Leavy Skiles Inc., signed and sealed 5/31/16.
• "Shalev Development", Civil Plans Stormwater Pollution Prevention Plan,
Drawing C-6, prepared by Fortin Leavy Skiles Inc., signed and sealed 5/31/16.
• "Shalev Development", Civil Plans Sections and Details, Drawing C-7, prepared
by Fortin Leavy Skiles Inc., signed and sealed 5/31/16.
• "Shalev Development", Civil Plans Sections and Details, Drawing C-8, prepared
by Fortin Leavy Skiles Inc., signed and sealed 5/31/16.
2. Building permits shall be obtained within 12 months of the date of this Resolution,
failing which this approval shall be deemed null and void. The City Commission may,
upon written request for such extension by the applicant within the initial 12 month
Page 3 of 7
I
City of Aventura Resolution No. 2016-67
approval period, grant one extension of up to six months by resolution or motion at a
regular meeting, for good cause shown by the applicant; and
3. Prior to issuance of a building permit by the City for the proposed development, the
applicant shall:
(i) enter into and record in the Public Records of Miami-Dade County, at its
expense, and in form satisfactory to the City Manager and City Attorney, the
Agreement and Covenant in fulfillment of all requirements of the City's
Green Building Program in Chapter 14, Article VI. of the City Code; and
(ii) provide to the City a performance bond or other security approved by the
City Manager and City Attorney in the amount of 5% of building construction
costs as approved by the City's Building Official to guarantee attainment of
LEED® Gold certification by the US Green Building Council; and
(iii) record, in form satisfactory to the City Manager and City Attorney, a Unity of
Title joining the lots comprising the parcel into one development site; and
(iv) submit and receive approval from the City Manager of a detailed job-site
plan as required by City of Aventura Ordinance No. 2006-05; and
(v) record in the Public Records of Miami-Dade County, at its expense, in form
satisfactory to the City Manager and City Attorney, a right of way deed to
the City for the road widenings on NE 28 Court and NE 214 Street.
(vi) obtain a Public Works Permit from the City for all proposed roadway
improvements and driveways onto NE 213 Street, NE 214 Street and NE 28
Court.
4. Prior to issuance of a Certificate of Occupancy or Temporary Certificate of
Occupancy, the applicant shall:
(i) provide an as-built survey and Elevation Certificate in form approved by the
City; and
(ii) provide to the City, evidence of compliance with City Code Section 31-242
regarding public safety radio system protection; and
(iii) complete, to the satisfaction of the City Manager, the intersection and
roadway improvements shown on the approved plans submitted with this
application. Improvements include pavement, sidewalks, streetlighting,
landscaping on NE 213 Street, NE 214 Street and NE 28 Court, along with
intersection improvement at NE 214 Street and East Dixie Highway.
Page 4 of 7
City of Aventura Resolution No. 2016-67
Section 4. 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 5. 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 6. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner Shelley, who moved its
adoption. The motion was seconded by Commissioner Holzberg, and upon being put
to a vote, the vote was as follows:
Commissioner Teri Holzberg Yes
Commissioner Denise Landman Yes
Commissioner Dr. Linda Marks Yes
Commissioner Robert Shelley Yes
Commissioner Howard Weinberg Yes
Vice Mayor Marc Narotsky Yes
Mayor Enid Weisman Yes
PASSED AND ADOPTED this 1st day of November, 2016.
Page 5 of 7
City of Aventura Resolution No. 2016-67
• ENID WEISMAN, MAYOR
;ci4,
F'10`l
.6 500-
ATTEST:
.iui
ELLISA L. HORVA ' C
CITY CLERK
APPROVED AS TO LEGAL SUFFICrCY:
(/'1( h-r1
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this I 'qday of 1\10 , 2016.
CITY CLERK
Page 6 of 7
City of Aventura Resolution No. 2016-67
Exhibit "A"
Legal Description of Property
2851 NE 213 Street, City of Aventura
Parcel 1 — Jasmin Investments LLC
Lots 1, 2, 3, 4, 5 and 10 in Block 37 and Lots 6 and 7 in Block 38 of Hallandale Park,
according to the Plat thereof, recorded in Plat Book 12, page 37 of the Public Records
of Miami-Dade County, Florida.
Parcel 2 — Kahn Trustees
Lot 10, Block 29 and Lots 6 and 7, Block 30 of Hallandale Park, according to the Plat
thereof, recorded in Plat Book 12, page 37 of the Public Records of Miami-Dade
County, Florida
Lots 8 and 9 in Block 37 of Hallandale Park, according to the Plat thereof, recorded in
Plat Book 12, page 37 of the Public Records of Miami-Dade County, Florida
Lots 8, 9 and 10 in Block 38 and Lot 1 in Block 39 of Hallandale Park, according to the
Plat thereof, recorded in Plat Book 12, page 37 of the Public Records of Miami-Dade
County, Florida
Lots 1, 2 and 3 in Block 38 of Hallandale Park, according to the Plat thereof, recorded
in Plat Book 12, page 37 of the Public Records of Miami-Dade County, Florida
Lots 4 and 5 in Block 38 of Hallandale Park, according to the Plat thereof, recorded in
Plat Book 12, page 37 of the Public Records of Miami-Dade County, Florida
Page 7 of 7