Resolution No. 2021-27 Approving Modification of Resolution No. 2020-09 for 21290 Biscayne Blvd. - May 4, 2021 CITY OF AVENTURA RESOLUTION NO. 2021-27
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING THE REQUEST, BY MEDICAL
DISTRICT DEVELOPMENTS LLC, TO MODIFY RESOLUTION NO. 2020-09
TO AMEND SECTION 3. OF THE RESOLUTION TO INCREASE THE
FLOOR AREA RATIO FROM 1.99 TO 2.0, TO AMEND SECTION 7. TO ADD
CONDITION OF APPROVAL 3A. TO PROVIDE FOR ROAD
CONSTRUCTION AND ALTERNATE ACCESS AND TO DELETE
CONDITION OF APPROVAL 5.(III), ALL FOR THE DEVELOPMENT OF A
RETAIL/OFFICE/ASSISTED LIVING FACILITY LOCATED AT 21290
BISCAYNE BOULEVARD IN THE CITY; PROVIDING FOR RECORDATION;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Chapter 31 , "Land Development Regulations," Article VII,
Use Regulations, Section 31-144 "Business Zoning Districts," of the City Code of
Ordinances, the applicant, Medical District Developments, LLC, applied to the City of
Aventura (the "City") for Conditional Use Approvals (Application No. CU1911-0001)
related to the development of a retail/office/assisted living facility (the "development")
located at 21290 Biscayne Boulevard in the Community Business (B2) District and
Medical Office (MO) District, as legally described in Exhibit "A" (the "Property"); and
WHEREAS, the conditional uses were approved pursuant to Resolution No. 2020-
09 (the "Resolution") passed on January 7, 2020 with certain conditions; and
WHEREAS, the applicant has now requested to amend the Resolution, through
Application No. CUP2101-0001 ,(the "Application"), by amending Section 3. to increase
the floor area ratio from 1 .99 to 2.0 and Section 7.to provide language to facilitate
financing of the development; 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.
City of Aventura Resolution No. 2021-27
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. That the foregoing "WHEREAS" clauses are ratified and confirmed
as being true and correct and are made a specific part of this Resolution.
Section 2. That the Resolution, providing Conditional Use approval for the
property legally described in Exhibit "A" is modified as follows:
Resolution No. 2020-09
Section 3. The application for Conditional Use to permit a floor area ratio
of
2.0, where the City Code permits a maximum floor area of 1 .39, is hereby granted,
subject to the conditions set out in this Resolution, on property legally described in
Exhibit "A" and known as municipal number 21290 Biscayne Boulevard, City of
Aventura.
Section 7. Approval of the application above is subject to the following
conditions:
3a. The applicant shall complete, at its own expense, construction of the extension of
NE 214 Street from NE 28 Court to Biscayne Boulevard, along with all required
improvements on Biscayne Boulevard, at such time as the required road widenings are
conveyed for public right of way purposes. Until completion of construction of the road
extension, the applicant shall (i) provide to the City an irrevocable Letter of Credit in form
satisfactory to the City Manager and City Attorney, in an amount equal to the cost to
construct the road extension and all required improvements shown on the plans entitled
"NE 214 Street Off-Site Roadway Improvements" as approved by the City, Miami-Dade
County and Florida Department of Transportation and (ii) provide alternate access
approved by the City Manager to the northerly driveway to the 1212 Aventura
development. The above referenced irrevocable Letter of Credit shall be provided by the
applicant immediately upon the written request of the City Manager.
5. Prior to issuance of a Certificate of Occupancy or Temporary Certificate of
Occupancy, the applicant shall:
GE)mn ppiateat its own expense, Genstri�o�n of theaxtension of NE `cam-TCQtcr��c
�vwrr crr..r� rrrcrac rrvr c
from NE 28 GE) art to BiSGayno Boulevard, f along with all required improvements on
BiSGayno Boulevard as shown on the plans entitled-"PEE 214 Street Off_Ci+o
'Underlined text indicates addition to existinq text. Strike-through text indicates deletion to existinq text.
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City of Aventura Resolution No. 2021-27
Readway Improvements" as approved by the Gity, Miarni Dade County and Florida
Department of Transportation•, ap
Section 3. All other approvals and conditions of approval in the Resolution shall
remain in full force and effect.
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 Commissioner 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 Marc Narotsky Yes
Commissioner Robert Shelley Yes
Vice Mayor Dr. Linda Marks Yes
Mayor Enid Weisman Yes
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City of Aventura Resolution No. 2021-27
PASSED AND ADOPTED this 4th day of May, 2021 .
ENID WEISMAN, MAYOR
•
e c
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
V4 �� 14-mr—
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this 5th day of May, 2021 .
City Clerk
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City of Aventura Resolution No. 2021-27
EXHIBIT "A"
PARCEL 1 :
A portion of Lot 1 , Block 3, Section 34, Township 51 South, Range 42 East, 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 together with a portion of NE 29th
Avenue as reserved on the Plat of Hallandale Park, by Deed Book 1837, Page 517,
vacated per Resolution No. R-788-67 and as amended by Resolution R-964-67, as shown
as reserved area on Hallandale Park, according to the plat thereof, as recorded in Plat
Book 12, Page 37, of the Public Records of Miami-Dade County, Florida, described as
follows:
Beginning at the intersection of the South boundary of said Lot 1 , with the West right of
way of Biscayne Boulevard.
Thence South 89°50'44" West, along the South boundary of said Lot 1 and the South line
of said Hallandale Park, a distance of 157.79 feet to the East line extended South of Block
40 of said Hallandale Park; thence North 00006'28" West, along the said East line
extended, a distance of 32.08 feet; thence North 89054'01" East, a distance of 32.86 feet;
thence North 00042'52" West, a distance of 103.26 feet; thence South 78008'30" East, a
distance of 32.62 feet; thence South 69000'10" East, a distance of 104.55 feet; thence
South 23020'50" East, a distance of 44.60 feet to the West right of way of Biscayne
Boulevard, said point being on the arc of a curve concave Northwesterly, whose radius
point bears North 67038'12" West from the last described point; thence Southwesterly,
along said right of way and the arc of said curve, having a radius of 3784.83 feet, a central
angle of 00049'06", for an arc distance of 54.06 feet to the Point of Beginning.
Said lands situate in the City of Aventura, Miami-Dade County, Florida.
PARCEL 2:
Lots 2, 3, 4, 5, Block 39 of HALLANDALE PARK, according to the Plat thereof, as
recorded in Plat Book 12, Page 37, of the Public Records of Miami-Dade County, Florida,
LESS AND EXCEPT the portion of Lot 2, Block 39, included within Exhibit " D" of the
Resolution recorded in Official Records Book 31821 , Page 4752, of the Public Records
of Miami-Dade County, Florida.
PARCEL 3:
Lot 9 of Block 39 and Lot 1 of Block 40 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.
PARCEL 4:
Lots 6, 7 and 8, Block 39 of HALLANDALE PARK, according to the Plat thereof, as
recorded in Plat Book 12, Page 37, of the Public Records of Miami-Dade County, Florida,
LESS AND EXCEPT the portion of Lot 6, Block 39, included within Exhibit " D" of the
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City of Aventura Resolution No. 2021-27
Resolution recorded in Official Records Book 31821 , Page 4752, of the Public Records
of Miami-Dade County, Florida.
PARCEL 5:
Lot 1 , Block 39 of HALLANDALE PARK, according to the Plat thereof, as recorded in Plat
Book 12, Page 37, of the Public Records of Miami-Dade County, Florida LESS AND
EXCEPT the portion of Lot 1 , Block 39, included within Exhibit " D" of the Resolution
recorded in Official Records Book 31821 , Page 4752, of the Public Records of Miami-
Dade County, Florida.
PARCEL 6:
Property A
LOT 10 OF BLOCK 39, AND LOTS 2, 3, 4, 5, 6, 7, 8, 9, AND 10 IN BLOCK 40 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
Property B
A PORTION OF THE RESERVED AREA OF THE PLAT OF "HALLANDALE PARK"
LYING EASTERLY OF AND CONTIGUOUS WITH LOT 10, BLOCK 40 ACCORDING TO
THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 12, PAGE 37, OF THE PUBLIC
RECORDS OF MIAMI- DADE COUNTY, FLORIDA, SAID PORTION ALSO BEING A
PART OF THE RESERVED AREA ABANDONED BY THE CITY OF AVENTURA AS
DESCRIBED IN RESOLUTION NO. 2007-32, RECORDED IN OFFICIAL RECORDS
BOOK 25832, PAGE 1850, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA. ALL OF THE ABOVE PORTIONS BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 10; THENCE ON AN
ASSUMED BEARING OF NORTH 00006'20" WEST, ALONG THE EAST LINE OF SAID
LOT, A DISTANCE OF 110.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 10;
THENCE SOUTH 78008'30" EAST, ALONG THE NORTH LINE OF THE SAID
RESERVED AREA ABANDONMENT, A DISTANCE OF 32.54 FEET; THENCE SOUTH
00040'40" EAST, A DISTANCE OF 103.26 FEET; THENCE SOUTH 89053,231, WEST
ALONG A PROLONGATION OF THE SOUTH LINE OF SAID LOT 10, A DISTANCE OF
32.86 FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE IN THE CITY OF AVENTURA, MIAMI-DADE COUNTY,
FLORIDA.
PARCEL 7:
Those portions of Lots 4, 5, 9, and 10, Block 38, HALLANDALE PARK, according to the
Plat thereof, as recorded in Plat Book 12 at Page 37, of the Public Records of Miami-
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City of Aventura Resolution No. 2021-27
Dade County, Florida, lying West of the centerline of N.E. 28th Court, along with a portion
of N.E. 28th Court, also known as Second Street, as shown on said Plat of HALLANDALE
PARK, all being more particularly described as follows:
Commence at the Southwest corner of said Block 38; thence N 89054,37" E along the
South line of said Block 38, also being the North right of way line of N.E. 213th Street for
114.97 feet to a point of curvature, also being the POINT OF BEGINNING; thence
Northeasterly along a 25.00 foot radius curve leading to the left through a central angle
of 90007'47" for an arc distance of 39.33 feet to a point of tangency; thence N 00013'10"
W along a line 10.00 feet West of and parallel with the East line of said Block 38, also
being the West right of way line of said N.E. 28th Court 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 89052'49" for an arc distance of 39.22 feet to a non-tangent point,
thence N 00013'10" W for 10.00 feet; thence N 89054'01" E along the North line of said
Blocks 38 and 39, also being the South right of way line of N.E. 214th Street for 100.00
feet; thence S 00013'10" E for 10.00 feet to a point on a circular curve concave to the
Southeast and whose radius point bears S 00005'59" E; thence Southwesterly along a
25.00 foot radius curve leading to the left through a central angle of 90007,11" for an arc
distance of 39.32 feet to a point of tangency; thence S 00013'10" E along a line 10.00 feet
East of and parallel with the West line of said Block 39, also being the East right of way
line of said N.E. 28th Court for 159.78 feet to a point of curvature; thence Southwesterly
along a 75.00 foot radius curve leading to the right through a central angle of 19036'04"
for on arc distance of 25.66 feet to a non-tangent point; thence S 89054'37" W along the
South line of said Blocks 38 and 39, also being the North right of way line of N.E. 213th
Street for 70.71 feet to the POINT OF BEGINNING., all as included in Exhibit " D" to that
certain Resolution No. 2020-09 filed February 19, 2020 and recorded in Official Records
Book 31821 , Page 4752, of the Public Records of Miami-Dade County, Florida.
PARCEL 8:
Those portions of portion of Lots 1 , 2 and 6, Block 39, 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, LYING East of the centerline of N.E. 28h Court, along with
a portion of N.E. 28th Court, also known as Second Street, as shown on said Plat of
HALLANDALE PARK, all being more particularly described as follows:
Commence at the Southwest corner of said Block 38; thence N 89054,37" E along the
South line of said Block 38, also being the North right of way line of N.E. 213th Street for
114.97 feet to a point of curvature, also being the POINT OF BEGINNING; thence
Northeasterly along a 25.00 foot radius curve leading to the left through a central angle
of 90007'47" for an arc distance of 39.33 feet to a point of tangency; thence N 00013'10"
W along a line 10.00 feet West of and parallel with the East line of said Block 38, also
being the West right of way line of said N.E. 28th Court 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 89052'49" for an arc distance of 39.22 feet to a non-tangent point,
thence N 00013'10" W for 10.00 feet; thence N 89054'01" E along the North line of said
Blocks 38 and 39, also being the South right of way line of N.E. 214th Street for 100.00
feet; thence S 00013'10" E for 10.00 feet to a point on a circular curve concave to the
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City of Aventura Resolution No. 2021-27
Southeast and whose radius point bears S 00°05'59" E; thence Southwesterly along a
25.00 foot radius curve leading to
the left through a central angle of 90007'11" for an arc distance of 39.32 feet to a point of
tangency; thence S 00013'10" E along a line 10.00 feet East of and parallel with the West
line of said Block 39, also being the East right of way line of said N.E. 28th Court for
159.78 feet to a point of curvature; thence Southwesterly along a 75.00 foot radius curve
leading to the right through a central angle of 19036'04" for on arc distance of 25.66 feet
to a non-tangent point; thence S 89054'37" W along the South line of said Blocks 38 and
39, also being the North right of way line of N.E. 213th Street for 70.71 feet to the POINT
OF BEGINNING, all as included in Exhibit " D" to that certain Resolution recorded in
Official Records Book 31821 , Page 472, of the Public Records of Miami-Dade County,
Florida.
PARCEL 9:
A portion of N.E. 213th Street, formerly Delaware Avenue and a portion of a Reserved
Strip, per HALLANDALE PARK, according to the plat thereof as recorded in Plat Book
12, Page 37, of the Public Records of Miami-Dade County, Florida, and that said
Reserved strip conveyed to Miami-Dade County recorded in Deed Book 3425, at Page
128, being more particularly described as follows:
Begin at the Southeast corner of Block 40 of said HALLANDALE PARK; thence S
89054'37" W along the North right of way line of said N.E. 213th Street, also being the
South line of said Block 40 and 39 of said plat of HALLANDALE PARK for 294.35 feet to
a point on a circular curve concave to the Northwest and whose radius point bears N
70037'06" W; thence Southwesterly along a 75.00 foot radius curve leading to the right
through a central angle of 30017'07" for an arc distance of 39.64 feet to a non-tangent
point; thence N 89049'42" E along the South line of said Reserved Strip
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