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Z-96-8-ACC-1 CITY OF AVENTURA RESOLUTION NO. Z-96-8-ACC-1 WHEREAS, Miami Beach Healthcare Group, Ltd., a Florida limited partnership, hereinafter referred to as "Applicant," has applied to the City of Aventura for the following zoning approvals (the "Application") for that certain property at the Southeast corner of East Dixie Highway and N.E. 211 Street, in Aventura, Florida (the "Property") as legally described on Exhibit "A" attached hereto: Items for Which Zoninq Approval Was Souqht: Rezoning from RU-3M to RU-5A; modification of plans to show relocation of office building and a new parking layout; unusual use to permit parking in zone more restrictive than the use it serves is located; collectively referred to as the "Zoning Approvals"; all as described in Application No. 96-8- ACC-1. WHEREAS, the Application is subject to the jurisdiction of the City of Aventura City Council (the "City Council") in accordance with City Ordinance No. 96-08; and WHEREAS, the public hearing by the City Council was held in accordance with public notice as required by law; and WHEREAS, the City Council has been advised by City Staff that the subject Application has been reviewed for compliance with concurrency requirements for levels of service and, at this stage of the request, the same was found to comply with such requirements; and WHEREAS, upon due and proper consideration having been given to the matter, it is the opinion of the City Council that the requested Zoning Approvals which are granted below are justified and do meet the requirements of the Dade County Zoning Code (the "Code"), as applied pursuant to City Charter Section 8.03 and City Ordinance No. 96-08 and should be approved. The City Council specifically finds that the rezoning is consistent with the Comprehensive Plan upon the basis that denial of the rezoning would constitute fundamental unfairness which would arise from a strict application of the Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, as follows: Section 1. That the above stated recitals and findings are incorporated by reference and the Application be and the same is hereby approved, subject to the applicable conditions set forth below, as follows: (1) REZONING of the Property from RU-3M Zoning District to RU- 5A Zoning District. (2) MODIFICATION of plans approved pursuant to Resolution Z- 70-95,passed and adopted by the Board of County Commissioners on the 4th day of May, 1995, reading as follows: FROM: "Plans are on file and may be examined in the Zoning Department entitled 'Office Complex Aventura - Miami, Florida,' as prepared by Robert G. Ishman, P.A., Architect, consisting of four sheets, dated revised 2-8-95 on Sheets 1 & 3, and revised 11-30-94 on Sheets 2 & 4. Plans may be modified at public hearing." TO: "That in the approval of the plans, the same be substantially in accordance with that submitted for the hearing entitled 'Aventura Hospital Offsite Parking Lot Preliminary Plan,' as prepared by Williams, Hatfield & Stoner, Inc., dated 4-22-96, 'Conceptual Landscape P].an,' as prepared by Santiago & Assoc., consisting of two sheets, dated 4-19-96 and 'Boundary Survey,' as prepared by Jose H. Cascudo updated January 13, 1996, (collectively the 'Plans')." The purpose of the request is to modify the plans showing the relocation of the previously approved office building and new parking layout. (3) UNUSUAL USE to permit parking in a zone more restrictive (RU-5A) than the use it serves is located (BU-1 & BU-1A). Section 2. Conditions: That the conditions hereby established upon the Zoning Approvals granted above are as follows: 1. That development authorized by this Resolution conform to the approved Plans described above. 2. That Applicant shall provide, execute and deliver to City, in a form approved by the City Attorney, a Declaration of Restrictive Covenants in Lieu of Unity of Title, (the "Declaration"). The Declaration shall assure the development of the Property in a coordinated manner in accordance with the Plans. 3. The Applicant shall submit a landscaping plan to the City, for its review and approval, which indicates the type and size of plant material, prior to the issuance of a building permit and to be installed prior to issuance of certificate of occupancy. 4. The Applicant shall submit the site plan to the City, for its review and approval. Section 3. That notice is hereby given to the Applicant that the approvals granted herein constitutes an initial development order and do not constitute a final development order 2 and that one, or more, concurrency determinations may subsequently be required before development will be permitted. Section 4. That the City Manager or his designee is hereby authorized to make the necessary notations upon the maps and records of the City of Aventura and to cause the issuance of all necessary permits in accordance with the terms and onditions of this Resolution. PASSED AND ADOPTED this 20th day of/~~ >~l ~ . ARTHUR I. SNYDE~, ~YOR CIT~ CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY ~ Filed~ the. Office of the City Clerk, City of Aventura this 3 day of ~ ~Cg~q , 1997. Teresa M. Smith (SEAL) City Clerk 328001~resolut i\mbhlth. 213 3 SUB.I'ECT PROPERTY: ~ 1 ~;~ou~.h. 40, i~lusiv~, Block I~ ~ AMEI',~EE) PI,AT HAI.,~AI~ PARK. NO. 6, PI~ book 1'7, P~4~ ~6 a~l ~ 31 ~o,,L~h 34 a~d ~ 39 & 40, inclusi~, Block AMENDED PLAT HALLANDALE PARKNO. 6, Plat book 17, P~ $6. LOCATION: Ti~ Soutl~ corner orE. Dixie Hi~,hway ~ N.E. 211 Strut, D~d¢ County, Florida. SIZE OF PROPERTY: 3.17+ Acr~