Resolution No. 2021-07 Approving Shalev Ivory Conditional Use (CU2012-0001) - January 5, 2021 CITY OF AVENTURA RESOLUTION NO. 2021-07
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL
PURSUANT TO SECTION 31-144(F)(2)D. OF THE CITY CODE OF
ORDINANCES TO PERMIT RETAIL USES AS PART OF A NOW
RESIDENTIAL DEVELOPMENT, TOTALING 7.85% OF THE TOTAL
GROSS INTERIOR SQUARE FOOTAGE OF THE BUILDING, WHERE
THE CITY CODE PERMITS RETAIL USES NOT IN EXCESS OF 15% OF
THE TOTAL GROSS INTERIOR SQUARE FOOTAGE OF THE
BUILDING; FOR THE OFFICE/HOTEL DEVELOPMENT LOCATED AT
2820 NE 214 STREET, CITY OF AVENTURA; PROVIDING FOR
RECORDATION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Chapter 31, "Land Development Regulations," Article VII,
Use Regulation, Section 31-144 "Business Zoning Districts," of the City Code of
Ordinances, the applicant, Shalev Development Group LLC, has applied to the City of
Aventura (the "City") for Conditional Use Approval (Application No. CU2012-0001)
related to the development of an office/hotel building (the "development") located at 2820
NE 214 Street, in the Medical Office (MO) District, as legally described in Exhibit "A" (the
"Property"); and
WHEREAS, pursuant to City Code Section 31-144(f)(2)d., the applicant has
requested Conditional Use Approval to permit retail uses as part of a non-residential
development, totaling 7.85% of the total gross interior square footage of the building,
where the City Code permits retail uses not in excess of 15% of the total gross interior
square footage of the building; 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, and
it is in the best interest of the City to grant the request for Conditional Use Approval.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The foregoing "WHEREAS" clauses are ratified and confirmed as
being true and correct and are made a specific part of this Resolution.
Section 2. The application for Conditional Use to permit retail uses as part of a
non-residential development, totaling 7.85% of the total gross interior square footage of
the building, where the City Code permits retail uses not in excess of 15% of the total
City of Aventura Resolution No. 2021-07
gross interior square footage of the building is hereby granted, subject to the conditions
set out in Section 3 of this Resolution.
Section 3. Approval of the application above is subject to the following
conditions:
1 . The location of the retail uses shall substantially comply with the plan submitted with
this application, entitled "Ivory 214", Ground Floor Plan, Sheet A201 , prepared by Idea
Engineering Architecture, dated 04/02/19, last revised 09/25/19.
2. Any discontinuation of the approved conditional use for a period of 180 consecutive
days shall constitute abandonment and shall rescind the approval of the conditional use.
Section 4. The City Manager is authorized to issue 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 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 Jonathan Evans Yes
Commissioner Rachel S. Friedland Yes
Commissioner Denise Landman Yes
Commissioner Dr. Linda Marks Yes
Commissioner Marc Narotsky Yes
Vice Mayor Robert Shelley Yes
Mayor Enid Weisman Yes
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City of Aventura Resolution No. 2021-07
PASSED AND ADOPTED this 5th day of January, 2021.
ENID WEISMAN, MAYOR
•
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
V4
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this 5t" day of January, 2021.
CITY CLERK
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City of Aventura Resolution No. 2021-07
Exhibit "A"
Legal Description of Property
2820 NE 214 Street, City of Aventura
Lots 1 , 2, 3, 4, 5, 8, 9 and 10 in Block 37; and Lots 1 , 2, 3, 45, 6, 7, 8, 9 and 10 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.
LESS AND EXCEPT those portions of the property conveyed for right of way purposes
to the City of Aventura, a Florida municipal corporation by virtue of that certain Right of
Way Deed recorded on December 27, 2017 in Official Records Book 30806, Page 2560,
as affected by corrected Right of Way Deed recorded on April 5, 2019 in Official Records
Book 31392, Page 3632 of the Public Records of Miami-Dade County, Florida, more
particularly described as follows:
A portion of Lots 1 through 5 in Block 37 and Lots 1 through 5, 9 and 10 in Block 38 of
HALLANDALE PARK, according to the Plat thereof, as recorded in Plat Book 12 at Page
37 of the Public Records of Miami-Dade County, Florida, and being more particularly
described as follows:
Begin at the Northwest corner of said Lot 1 in Block 37, said corner being on the South
Right-of-Way line of N.E. 214th Street; thence North 89'54'01" East along said South
Right-of-Way line of N.E. 214th Street, also being the North line of said Blocks 37 and 38
for 299.91 feet to the Northeast corner of said Lot 5 in Block 38; thence South 00'13, 1 0"
East along the East line of said Block 38, also being the West Right-of-Way line of
N.E.28th Court for 220.00 feet to the Southeast corner of said Lot 10 in Block 38; thence
South 89'54'37" West along the South line of said Block 38, also being the North Right-
of-Way line of N.E. 213th Street for 35.06 feet to a point of cusp; thence Northeasterly
along a 25.00 foot radius curve, leading to the left, through a central angle of 90'07'47"
for an arc distance of 39.33 feet to a point of tangency; thence North 0013'10" West along
a line parallel with and 10.00 feet West of said East line of Block 38 for 159.99 feet to a
point of curvature; thence Northwesterly along a 25.00 foot radius curve, leading to the
left, through a central angle of 89'52' 49" for an arc distance of 39.22 feet to a point of
tangency; thence South 89'54'01" West along a line parallel with and ten feet South of
said North line of Blocks 37 and 38 for 264.97 feet to a point on the West line of said Lot
1 in Block 37; thence North 00' 10'59" West along said West line of Lot 1 for 10.00 feet to
the Point of Beginning.
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