HomeMy WebLinkAboutResolution No. 2026-21 KLA Academy Conditional Use Approval - March 3, 2026CITY OF AVENTURA RESOLUTION NO. 2026-21
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL,
PURSUANT TO SECTION 31-144(F)(2) OF THE CITY CODE OF
ORDINANCES: (1) TO PERMIT A SCHOOL; (2) TO PERMIT A FLOOR
AREA RATIO (FAR) OF 2.57 WHERE A MAXIMUM FAR OF 0.95 IS
ALLOWED; AND (3) TO PERMIT, PURSUANT TO THE CITY'S GREEN
BUILDING PROGRAM, A LOT COVERAGE OF 73% WHERE A MAXIMUM
OF 40% IS ALLOWED, FOR THE PROPERTY LOCATED AT 2740, 2750,
2760, 2770, AND 2780 NE 208 TERRACE; PROVIDING FOR CONDITIONS
OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Chapter 31, "Land Development Regulation", Article VII,
Use Regulations, Section 31-144(f) "Medical Office District (MO)" of the City Code of
Ordinances, the applicant, Bercow, Radell, Fernandez & Tapanes on behalf of KLA
Academy Aventura LLC, has applied to the City of Aventura (the "City") for Conditional
Use approval (Application No. CUP2601-0001) related to the development of a school
(the "Development") located at 2740-2780 NE 208 Terrace, in the MO District, as legally
described in Exhibit "1" (the "Property"); and
WHEREAS, pursuant to City Code Section 31-144(f)(2)h, the applicant has
requested Conditional Use Approval to permit a school; and
WHEREAS, pursuant to City Code Section 31-144(f)(2)(i)1, the applicant has
requested Conditional Use Approval to permit a floor area ratio (FAR) of 2.57 where the
City Code permits 0.95; and
WHEREAS, pursuant to City Code Section 31-144(f)(2)k, the applicant has
requested Conditional Use Approval to allow, under the City's Green Building Program,
a lot coverage of 73% where a maximum of 40% is allowed; and
WHEREAS, following proper notice, the City Commission 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. 2026-21
Section 2. The application for Conditional Use (1) to permit a school; (2) to
permit a floor area ratio (FAR) of 2.57 where the City Code permits 0.95, and (3) to permit,
under the City's Green Building Program, a lot coverage of 73% where a maximum of
40% is allowed, 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. Plans submitted for site plan approval must be consistent with those dated
February 9, 2026, and listed in Exhibit #4.
2. Prior to issuance of a building permit by the City for the proposed
development, the applicant shall:
(i) enter into and record in the Public Records of Miami -Dade County, at its
expense, and in form satisfactory to the City Manager and City Attorney, the Agreement
and Covenant in fulfillment of all requirements of the City's Green Building Program;
(ii) provide to the City a performance bond or other security approved by
the City Manager and City Attorney in the amount of 5% of building construction costs as
approved by the City's Building Official to guarantee attainment of the Gold or Platinum
Green Building Certification;
(iii) concurrent with site plan approval, applicant shall enter into an
agreement with the City for design, permitting, and construction of required street
improvements in the surrounding vicinity pursuant to the City's adopted Uptown Mobility
Plan. The expense to the applicant for such improvements shall be in addition to the street
improvements otherwise required as part of the project in the immediately adjacent rights -
of -way. The expense to the applicant shall be for an amount not exceed $750,000. The
expense shall be in addition to, not in lieu of, impact fees.
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
Page 2 of 3
City of Aventura Resolution No. 2026-21
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 Bloom, who moved its
adoption. The motion was seconded by Commissioner Ain, and upon being put to a vote,
the vote was as follows:
Commissioner Clifford B. Ain
Yes
Commissioner Gustavo Blachman
Yes
Commissioner Rachel S. Friedland
Yes
Commissioner Paul A. Kruss
Yes
Commissioner Cindy Orlinsky
Yes
Vice Mayor Amit Bloom
Yes
Mayor Howard S. Weinberg
Yes
PASSED AND ADOPTED this V day of March, 2026.
H WARD S. WEINBERG, ES
MAYOR
ATTEST:
ELLISA L. HORVA , MC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
ROBERT MEYERS
CITY ATTORNEY
WEISS SEROTA HELFMAN COLE + BIERMAN, P.L.
Page 3 of 3
EXHIBIT till/
LEGAL DESCRIPTION
Lots 7, 8, 9, 10, 11 and 12, Block 2, of HALLANDALE PARK No. 9, ACCORDING TO THE Plat thereof,
as recorded in Plat Book 23, Page 26, of
the Public Records of Miami Dade County, Florida.
and
Lots 13, 14, 15 and 16 in Block 2, of HALLANDALE PARK No. 9, according to the Plat thereof as
recorded in Plat Book 23, Page 26, of the
Public Records of Miami -Dade County, Florida
KLA Academy Aventu ra
PROJECT ADDRESS:
20801 NE 28TH AVENUE
AVENTURA, FLORIDA 33180
FOLIO #s : 28-1234-008-0380
28-1234-008-0400_�-,
28-1234-008-0420
28-1234-008-0440
28-1234-008-0460
APPLICANT: y
KLA ACADEMY AVE NTU RA LLC.
1750 CORAL WAY
SUITE 300
MIAMI, FL 33145 �!
DATE: FEBRUARY 9, 2026
ISSUED FOR:
CONDITIONAL USE APPROVAL LEGALDESCRIPTIDN INDEX OF DRAWINGS
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