Resolution No. 2017-65 Modifying Resolution No. 2006-62 Conditional Use Approval (Gulfstream Park Racing Association, Inc.) - November 7, 2017 RESOLUTION NO. 2017-65
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA MODIFYING RESOLUTION NO. 2006-62 BY
EXTENDING THE TIME TO OBTAIN A BUILDING PERMIT FOR 7
YEARS; BY REVISING THE LEGAL DESCRIPTION OF LAND
SUBJECT TO THE CONDITIONAL USE APPROVAL TO DELETE A 2
ACRE PARCEL CONVEYED TO THE CITY AND TO INCLUDE A 2
ACRE PARCEL REZONED BY SEPARATE ORDINANCE; BY
DELETING REFERENCE TO SPECIFIC SITE DEVELOPMENT PLANS;
AND BY RECONFIRMING THE APPROVAL OF A PARCEL SIZE OF
13.715 ACRES, RECONFIRMING THE APPROVAL OF RESIDENTIAL
USES WITH A MAXIMUM DENSITY OF 35 DWELLING UNITS PER
ACRE, OR A MAXIMUM OF 480 UNITS, AND RECONFIRMING
APPROVAL OF INCREASED HEIGHT WITH A MAXIMUM OF 25
STORIES OR 259 FEET; ALL FOR A PARCEL OF LAND ON THE
NORTH SIDE OF NE 213 STREET BETWEEN BISCAYNE BOULEVARD
AND NE 34 AVENUE, CITY OF AVENTURA, FLORIDA, MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A" TO THIS RESOLUTION;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Applicant, Gulfstream Park Racing Association, Inc., through
Application No. 02-CU-06 (REV), has requested modification of the conditional use
approval granted by the City Commission through Resolution No. 2006-62; which
modifications are to extend the time to obtain a building permit for 7 years; to revise the
legal description of the parcel; to delete the reference to specific site development plans
listed in the Resolution; and to reconfirm the conditional use approval and parcel size,
maximum density and height of residential uses in the MO, Medical Office District, all on
land located on the north side of NE 213 Street, City of Aventura, more particularly
described in Exhibit "A" to this resolution; and
WHEREAS, the property described herein is zoned MO, Medical Office District;
and
WHEREAS, following proper notice, the City Commission has held a public
hearing as provided by law; and
WHEREAS, the City Commission has reviewed the application for modification
of the conditional use approval granted through Resolution No. 2006-62 and finds that it
is in the best interests of the City to approve such modification.
City of Aventura Resolution No. 2017-65
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Application No. 02-CU-06(REV) for modification of the conditional
use approval granted through Resolution No. 2006-62 for land described in Exhibit "A"
is hereby granted, with the condition that Administrative Site Plan Approval is required
prior to issuance of a building permit for development of the parcel. Application and
approval of a site plan shall be made by the property owner in accordance with Section
31-79 of the City, as it may be amended from time to time.
Section 2. Condition 1. of Section 1 . of Resolution No. 2006-62 and the plans
identified therein are hereby deleted and Section 1. is modified to read as follows:
"Section 1. Application No. 02-CU-06 for conditional use approval to permit
multifamily residential use with a maximum density of 35 dwelling units per acre on a
13.715 acre parcel of land and to permit a use measuring 25 stories and 259 feet high
in the MO, Medical Office District, for land described in Exhibit "A" is hereby granted."
Section 3. Exhibit "A", the legal description of land, attached to Resolution No.
2006-62 is hereby deleted and a new Exhibit "A", as attached to this Resolution, is
substituted therefor. The parcel size of 13.715 acres for calculation of maximum
residential dwelling units per acre, as approved by Resolution No. 2006-62, remains the
same.
Section 4. The maximum residential density of 35 dwelling units per acre, or a
maximum of 480 residential units, and the maximum height of 25 stories or 259 feet, as
approved by Resolution No. 2006-62, shall remain in full effect for the parcel described
in Exhibit "A" to this Resolution.
Section 5. The time limit in which to obtain a building permit for development of
the parcel described in Exhibit "A" to this Resolution is hereby extended from its current
expiry date of May 9, 2018 to May 9, 2025. Failure to obtain a building permit within
this time limit shall render the approvals granted in this Resolution null and void.
Section 6. All other conditions of approval provided in Resolution No. 2006-62
shall remain in full force and effect except as and to the extent modified herein.
Page 2 of 6
City of Aventura Resolution No. 2017-65
Section 7. 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 8. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Vice Mayor Shelley, who moved its
adoption. The motion was seconded by Commissioner Landman, 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 Howard Weinberg Yes
Vice Mayor Robert Shelley Yes
Mayor Enid Weisman Yes
PASSED AND ADOPTED this 7th day of November, 2017.
Page 3 of 6
City of Aventura Resolution No. 2017-65
/ J
ENID WEISMAN, MAYOR
\\
Ij
,
eecev 06
5
ATTEST:
ELLISA L. HORVATH, C
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
--
CITY
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this 1 day of I•iQv , 2017.
CITY CLERK
Page 4 of 6
City of Aventura Resolution No. 2017-65
EXHIBIT "A"
LEGAL DESCRIPTION OF REVISED MO PARCEL
A parcel of land being a portion of Tract A, Donn Acres, also being a portion of the
north one half of Section 34, Township 51 South, Range 42 East, according to the plat
thereof recorded in Plat Book 76, Page 30 of the Public Records of Miami-Dade
County, Florida, said parcel being more particularly described as follows:
Begin at the northeast corner of the north one half of said Section 34, said point also
being the northeast corner of Tract B of said Donn Acres.
Thence S88°01'22"W along the north line of said north one half and the north line of
said Tracts A and B, a distance of 1,511 .74 feet to a point on line 138.41 feet west of
and parallel with the zoning line of zones "MO" and "B2" recorded in Official Records
Book 25136, page 3880 of said Public Records;
Thence S01°58'38"E along said parallel line a distance of 629.41 feet to a point on the
north right of way line of NE 213 Street, as described in Official Records Book 17973,
Page 3869 of said Public Records;
Thence N88°01'22"E along said right of way line a distance of 402.38 feet;
Thence N01°52'05"W a distance of 442.98 feet;
Thence N88°01'22"E a distance of 196.67 feet to the west line of that certain parcel of
land (City Park) described in Official Records Book 25122, page 4596 of said Public
Records;
Thence N01°52'05"W along the west line of said parcel, a distance of 82.05 feet to the
northwest corner of said parcel;
Thence N88°09'54"E along the north line of said parcel a distance of 581.87 feet to the
northeast corner of said parcel;
Thence S01°52'06"E along the east line of said parcel a distance of 523.58 feet to a
point on said north right of way line;
Thence N88°01'28"E along said north right of way line a distance of 107.88 feet to a
point of curvature of a tangent concave to the northwest;
Thence easterly and northeasterly along the arc of said curve to the left having a central
angle of 37°32'08", a radius of 330.00 feet, for an arc distance of 216.19 feet to a point
of tangency;
Thence N 50°29'14"E a distance of 32.10 feet to a point on the east line of said north
one half and the east line of said Tract B (the previous two courses being coincident
with the said north right of way line);
Page 5 of 6
City of Aventura Resolution No. 2017-65
Thence NO2°21'14"W along said east line a distance of 541.55 feet to the point of
beginning.
Said lands situate within the City of Aventura, Miami-Dade County, Florida, containing
12.72 acres (554,227 square feet) more or less.
Page 6 of 6