Resolution No. 2022-10 Conditional Use Approval for Belmont Assisted Living Facility (SE Corner Yacht Club Way and E. Country Club Dr.) - January 4, 2022 CITY OF AVENTURA RESOLUTION NO. 2022-10
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL,
PURSUANT TO SECTION 31-143(F)(2A)(D) OF THE CITY CODE OF
ORDINANCES, TO PERMIT (1) A FLOOR AREA RATIO OF 2.85, WHERE
THE CITY CODE PERMITS 2.0, AND (2) LOT COVERAGE OF 53%,
WHERE THE CITY CODE PERMITS A MAXIMUM LOT COVERAGE OF
40%, FOR AN ASSISTED LIVING FACILITY TO BE CONSTRUCTED
PURSUANT TO THE CITY'S GREEN BUILDING PROGRAM LOCATED
AT THE SOUTHEAST CORNER OF YACHT CLUB WAY AND EAST
COUNTRY CLUB DRIVE; PROVIDING FOR CONDITIONS OF
APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Chapter 31, "Land Development Regulations," Article VII,
Use Regulation, Section 31-143(f) "Multifamily High Density Residential Districts (RMF4)"
of the City Code of Ordinances, the applicant, Bercow, Radell, Fernandez Larkin &
Tapanes on behalf of Parcel U / SR-1 Trust LLC, has applied to the City of Aventura (the
"City") for Conditional Use Approval (Application No. CUP2110-0001) related to the
development of an Assisted Living Facility (the "development") located at the southeast
corner of Yacht Club Way and East Country Club Drive, in the RMF4 Zoning District, as
legally described in Exhibit "A" (the "Property"); and
WHEREAS, pursuant to City Code Section 31-145(f)(2A)(D), the applicant has
requested Conditional Use Approval to permit a: (1) floor area ratio of 2.85, where 2.0 is
permitted by code, and (2) lot coverage of 53%, where the City Code permits a maximum
lot coverage of 40%; 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.
City of Aventura Resolution No. 202240
Section 2. The application for Conditional Use to permit a (1) floor area ratio of
2.85, where the City Code permits 2.0 floor area ratio; and (2) lot coverage of 53%, where
the City Code permits a maximum lot coverage of 40%, 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 . Drawings as provided to the Community Development Department on September
22, 2021 and presented to the City Commission on September 23, 2021 as
included in Exhibit #B unless otherwise subsequently amended by ASPA
(Administrative Site Plan Approval). The plans will be reviewed under
Administrative Site Plan Approval regulations, the RMF-4 zoning district
regulations and all other applicable regulations as provided within the City of
Aventura Land Development Regulations.
2. Mitigation of negative traffic impacts created by the proposed development, as
determined necessary by the full traffic study, following the methodology that has
been reviewed and approved by the City and its traffic engineer, subject to the
approval of the City Manager and Miami-Dade County.
3. Applicant shall also:
a) Complete a study of the lighting conditions along Yacht Club Way from East
Country Club Drive to the bridge, subject to the approval of the Director:
i) propose improvements to the lighting, as needed on the median of Yacht Club
Way, in order to mitigate any deficiencies noted by the study, subject to the
approval of the Director;
ii) include such improvements in the associated set of construction plans; and
iii) commit to constructing the lighting improvements.
b) Complete a study of the pedestrian walkway conditions along the south side of
Yacht Club Way from East Country Club Drive to the bridge, subject to the approval
of the Director:
i) propose improvements to the pedestrian walkway conditions on the south side
of Yacht Club Way in order to mitigate any deficiencies noted, subject to the
approval of the Director;
ii) include such improvements in the associated set of construction plans; and
iii) commit to constructing the pedestrian improvements.
Page 2 of 7
City of Aventura Resolution No. 202240
c) Complete an analysis of the impacts of the proposed ALF upon ingress and egress
as it relates to emergencies and the existing developments to the east of the
proposed ALF that rely on Yacht Club Way, subject to the approval of the Director:
i) include in the analysis for the City's consideration, a presentation of alternative
solutions and technologies available to facilitate emergency response in large-
scale emergency events (such large-scale emergency events are identified as
events with a broad neighborhood or area impact, such as a hurricane
warning/evacuation, bomb threat, building fire, or other multi-agency police
event; large-scale emergency events shall not include day-to-day police or
emergency response operations);
ii) propose a large-scale emergency protocol and maintenance of traffic plan for
the ALF property that will not only minimize deterioration of existing conditions
along Yacht Club Way during a large-scale emergency, but also potentially
facilitate better ingress and egress during a large-scale emergency via
coordination with the Police and/or Fire Departments' needs, subject to the
approval of the Director; and
iii) include the emergency protocol and on-site maintenance of traffic plan as an
exhibit in the administrative site plan for the ALF project.
d) Submit a full traffic impact study following a methodology reviewed and pre-
approved by the City, to include the following:
i) an analysis of the traffic signal timing at the intersection of Yacht Club Way and
East Country Club Drive, subject to the approval of the Director;
ii) commit to traffic signal timing improvements at Yacht Club Way and East
Country Club Drive if the impacts created by the proposed ALF cause the
intersection to not meet the City's adopted level of service standard, subject to
the approval of Miami-Dade County;
iii) an analysis of the potential for camera-activated smart traffic signal operations
at the intersection of East Country Club Drive and Yacht Club Way, if the
impacts created by the proposed ALF cause the intersection to not meet the
City's adopted level of service standard, subject to the approval of Miami-Dade
County; and
iv) commit to mitigation with camera-activated smart traffic signal operations at
Yacht Club Way and East Country Club Drive, if feasible, if the impacts created
by the proposed ALF cause the intersection to not meet the City's adopted level
of service standard, subject to the approval of Miami-Dade County.
e) Complete a study of the use of Yacht Club Way by school buses, subject to the
approval of the Director:
i) The City will provide the approximate pick-up and drop-off times of school
buses using Yacht Club Way. The bus study will include number of buses, dwell
times, and queuing behind the buses on two typical weekdays.
Page 3 of 7
City of Aventura Resolution No. 202240
ii) propose alternatives that could mitigate traffic congestion that results from
school buses, including identification of the entities that would be involved in
implementing such alternatives
f) Propose limitations on delivery trucks to minimize their impact during peak traffic
times:
i) include limitations as restrictions associated with the development.
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 Johnathan Evans Absent
Commissioner Denise Landman Yes
Commissioner Dr. Linda Marks Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Vice Mayor Rachel S. Friedland Yes
Mayor Enid Weisman Yes
PASSED AND ADOPTED this 4th day of January, 2022.
Page 4 of 7
City of Aventura Resolution No. 202240
ENID WEISMAN, MAYOR
ATTEST-
ELLISA L. HORVA , MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
� I
t -
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this 7t" day of January, 2022.
CITY CLERK
Page 5 of 7
City of Aventura Resolution No. 202240
EXHIBIT "A"
LEGAL DESCRIPTION OF LAND
Legal Description: Tract "GG", of the Fifth Addition, Biscayne Yacht and Country Club,
according to plat thereof, as recorded in Plat Book 99, Page 20, of the Public Records of Miami-
Dade County, Florida.
Page 6 of 7
City of Aventura Resolution No. 202240
EXHIBIT "B"
PLANS REFERENCED
ATTACH PDF
Page 7 of 7