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Resolution No. 2017-31 Approving Variances for Aventura Hospital Five Story Parking Garage on North Campus (02-VAR-17) - June 14, 2017 RESOLUTION NO. 2017-31 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING APPROVAL OF VARIANCE TO SECTION 31-144(f)(4)c. OF THE CITY CODE TO ALLOW A REDUCED FRONT YARD SETBACK OF 23.5 FEET WHERE A MINIMUM 50 FOOT FRONT YARD SETBACK IS REQUIRED, AND GRANTING APPROVAL OF VARIANCE TO SECTION 31-144(f)(4)c. OF THE CITY CODE TO ALLOW A REAR YARD SETBACK OF 10 FEET, WHERE A MINIMUM 25 FOOT REAR YARD SETBACK IS REQUIRED BY CODE; GRANTING VARIANCE TO SECTION 31-172(c)(2) OF THE CITY CODE TO ALLOW A DRIVEWAY SEPARATION OF 38.2 FEET, WHERE A MINIMUM SEPARATION OF 150 FEET IS REQUIRED BY CITY CODE; AND GRANTING VARIANCE TO SECTION 31-144(f)(4)d.3. OF THE CITY CODE TO ALLOW LOT COVERAGE OF 45%, WHERE A MAXIMUM LOT COVERAGE OF 40% IS PERMITTED BY CODE, ALL FOR A 5 STORY, 506 PARKING GARAGE ON THE NORTH PORTION OF THE AVENTURA HOSPITAL AND MEDICAL CENTER CAMPUS FRONTING ON NE 211 STREET, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned MO, Medical Office District; and WHEREAS, the applicant, Alexander I. Tachmes on behalf of Miami Beach Healthcare Group Ltd., through Application No. 02-VAR-17, is requesting a variance from Section 31-144(f)(4)c. of the City Code to allow a front yard setback of 23.5 feet where a minimum 50 foot front yard setback is required by Code; variance from Section 31-144(f)(4)c to allow a rear yard setback of 10 feet, where a minimum 25 foot rear yard setback is required by Code; variance to Section 31-172(c)(2) to allow a driveway separation of 38.2 feet, where a minimum separation of 150 feet is required by Code; and variance to Section 31-144(f)(4)d.3. to allow lot coverage of 45%, where a maximum 40% lot coverage 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 a variance from Section 31-144(f)(4)c. of the City Code to allow a front yard setback of 23.5 feet where a minimum 50 foot front yard setback is required by Code; variance from Section 31-144(f)(4)c to allow a rear yard setback of 10 feet, where a minimum 25 foot rear yard setback is required by Code; variance to Section 31-172(c)(2) to allow a driveway separation of 38.2 feet, where a City of Aventura Resolution No. 201 7-3 1 minimum separation of 150 feet is required by Code; and variance to Section 31- 144(f)(4)d.3. to allow lot coverage of 45%, where a maximum 40% lot coverage 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: 1) Plans submitted for building permit shall substantially comply with those submitted as follows: • "Aventura Hospital and Medical Center — Parking Garage", Cover Sheet, Sheet C0.00, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — Parking Garage", General Notes, Sheet C0.01, prepared, by Kimley Horn, date March, 2017. • "Aventura Hospital & Medical Center" Boundary & Topographic Survey, Sheet 1 of 5, prepared by Fortin Leavy Skiles, Inc., dated 10/21/2016, signed and sealed. • "Aventura Hospital & Medical Center" Boundary & Topographic Survey, Sheet 2 of 5, prepared by Fortin Leavy Skiles, Inc., dated 10/21/2016, signed and sealed. • "Aventura Hospital & Medical Center" Boundary & Topographic Survey, Sheet 3 of 5, prepared by Fortin Leavy Skiles, Inc., dated 10/21/2016, signed and sealed. • "Aventura Hospital & Medical Center" Boundary & Topographic Survey, Sheet 4 of 5, prepared by Fortin Leavy Skiles, Inc., dated 10/21//2016, signed and sealed. • "Aventura Hospital & Medical Center" Boundary & Topographic Survey, Sheet 5 of 5, prepared by Fortin Leavy Skiles, Inc., dated 10/21/2016, signed and sealed. • "Aventura Hospital and Medical Center — Parking Garage", Existing Conditions NW, Sheet C0.02, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — Parking Garage", Existing Conditions NE, Sheet C0.03, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — Parking Garage", Existing Conditions SW, Sheet C0.04, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — Parking Garage", Existing Conditions SE, Sheet C0.05, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — Parking Garage", Campus Parking Plan, Sheet C0.06, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — Parking Garage", Campus Master Plan, Sheet C1.00, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — Parking Garage", Site Plan, Sheet C1.01, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — Parking Garage", Variance Plan, Sheet C1.10, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — South Tower Addition", Demolition Plan, Sheet C2.00, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — Parking Garage", Phase 1 Erosion Control Plan, Sheet C3.00, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — Parking Garage", Erosion Control Notes, Sheet C3.01, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — Parking Garage", Erosion Control Details, Sheet C3.02, prepared, by Kimley Horn, dated March, 2017. Page 2 of 7 City of Aventura Resolution No. 2017-3I • "Aventura Hospital and Medical Center — Parking Garage", Paving, Grading and Drainage Plan, Sheet C5.00, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — Parking Garage", Paving, Grading and Drainage Plan, Sheet C5.01, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — Parking Garage", Paving, Grading and Drainage Details, Sheet C5.02, prepared, by Kimley Horn, date March, 2017, signed and sealed 3/27/17. • "Aventura Hospital and Medical Center — Parking Garage", Paving, Grading and Drainage Details, Sheet C5.03, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — Parking Garage", Paving, Grading and Drainage Details, Sheet C5.04, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — South Tower Addition", Cross Sections, Sheet C5.05, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — Parking Garage", WASD Notes, Sheet C6.00, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — Parking Garage", Utility Plan, Sheet C6.01, prepared, by Kimley Horn, dated March, 2017, signed and sealed 3/27/17. • "Aventura Hospital and Medical Center — Parking Garage", Tree Disposition Plan, Sheet L0.00, prepared, by Kimley Horn dated March, 2017. • "Aventura Hospital and Medical Center — Parking Garage", Landscape Plan, Sheet L1.00, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — Parking Garage", Landscape Details, Sheet L1.10, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — Parking Garage", Landscape Notes, Sheet L1.11, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center", 3D Concept Images, Sheet G-005, prepared by RR Simmons and kNovations LLC, dated March, 2017. • "Aventura Hospital and Medical Center", Site Plan, Sheet A-011 , prepared by RR Simmons and kNovations LLC, dated March, 2017. • "Aventura Hospital and Medical Center", Level 1-5 Plans, Sheet A.111, prepared by RR Simmons and kNovations LLC, dated March, 2017. • "Aventura Hospital and Medical Center", Level 5.5. Plan, Sheet A161, prepared by RR Simmons and kNovations LLC, dated March, 2017. • "Aventura Hospital and Medical Center", Exterior Elevations, Sheet A-211, prepared by RR Simmons and kNovations LLC, dated March, 2017. • "Aventura Hospital and Medical Center", Enlarged Elevations and Trim Details, Sheet A-212, prepared by RR Simmons and kNovations LLC, dated March, 2017. • "Aventura Hospital and Medical Center", Sections, Sheet A-311, prepared by RR Simmons and kNovations LLC, dated March, 2017. • '`Aventura Hospital and Medical Center", Sections, Sheet A-312, prepared by RR Simmons and kNovations LLC, dated March, 2017. • ''Aventura Hospital and Medical Center", Sections, Sheet A-313, prepared by RR Simmons and kNovations LLC, dated March, 2017. • "Aventura Hospital and Medical Center", Sections, Sheet A-314, prepared by RR Simmons and kNovations LLC, dated March, 2017. Page 3 of 7 City of Aventura Resolution No. 2017-31 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. 3) Prior to issuance of a Certificate of Occupancy or Temporary Certificate of Occupancy, the applicant will provide, in form satisfactory to the City Manager and City Attorney, a covenant restricting use of the parking garage on the north portion of the hospital campus to employees only, as proposed in the traffic queuing study prepared by the applicant's traffic engineer. This covenant shall be recorded in the Public Records of Miami-Dade County at the applicant's expense. 4) A building permit for the 5 story, 506 space parking garage shall not be issued by the City unless the applicant obtains, at the same time as a building permit for the garage project, a building permit for the 3 story, 60 bed addition to the south tower on the east portion of the campus as contemplated by Application No. 01-VAR-17. A temporary certificate of occupancy or certificate of occupancy may be issued separately for each project, based on the applicant's statement that the construction of the garage is anticipated to be completed in 12 months and the construction of the addition is anticipated to be completed in 18 months. 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 Landman, who moved its adoption. The motion was seconded by Commissioner Shelley, and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Yes Commissioner Dr. Linda Marks Yes Commissioner Gladys Mezrahi Yes Commissioner Marc Narotsky Yes Commissioner Robert Shelley Yes Vice Mayor Howard Weinberg Yes Mayor Enid Weisman Absent Page 4 of 7 City of Aventura Resolution No. 2017-31 PASSED AND ADOPTED this 14th day of June, 2017. ‘j j ( , t HOWARD WEINBERG, VICE MAYOR 1 ATTEST: ELLISA L. HORVAT , MM CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: i hr CITY ATT*RNEY This Resolution was filed in the Office of the City Clerk this II day of Ju►77, 2017. ../.._ _I &• _ur - CITY CLERK Or Page 5 of 7 City of Aventura Resolution No. 2017-31 EXHIBIT "A" TO RESOLUTION NO. 2017-31 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 'A 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 6 of 7 City of Aventura Resolution No. 2017-31 PARCEL 2: Lots 1 through 40, inclusive, Block L and Lots 1 through 40, inclusive, Block K, of Amended Plat of Hallandale Park No. 6, according to the Plat thereof as recorded in Plat Book 17, Page 56, of the Public Records of Miami- Dade County, Florida. PARCEL 3: Lots 17 through 24, inclusive, Block I, of Amended Plat of Hallandale Park No. 6, according to the Plat thereof as recorded in Plat Book 17, Page 56, and Lots 11 through 24, inclusive, and Lots 29 and 30,BIock J, of Amended Plat of Hallandale Park No. 6, according to the Plat thereof as recorded in Plat Book 17, Page 56, of the Public Records of Miami-Dade County, Florida; together with that portion of vacated Berkeley Avenue (a/k/a NE 27 Court) lying northerly of Seabreeze Drive (a/k/a NE 211 Street) lying between Lot 21, Block I and Lot 20, Block J, Lot 22, Block I and Lot 19, Block J Lot 23, Block I and Lot 18, Block J and Lot 24, Block I and Lot 17, Block J, and that portion of the west 1/2 of vacated Berkeley Avenue (a/k/a NE 27 Court) lying northerly of Seabreeze Drive (a/k/a NE 211 Street) lying easterly of and adjacent to Lots 11 through 16, inclusive, Block J, pursuant to City of Aventura Resolution No. 2000-41, as recorded in Official Records Book 19212, Page 1262, of the Public Records of Miami-Dade County, Florida. PARCEL 4: All Berkeley Avenue (a/k/a NE 27 Court) that lies northerly of Maryland Way (NE 209 Street) and southerly of Seabreeze Drive (a/k/a NE 211 Street) lying between Block K and L of Amended Plat of Hallandale Park No. 6, according to the Plat thereof as recorded in Plat Book 17, Page 56, of the Public Records of Miami-Dade County, Florida, as vacated pursuant to City of Aventura Resolution No. 2003-42, as recorded in Official Records Book 21352, Page 2987, of the Public Records of Miami-Dade County. Page 7 of 7