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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 FLAT CIVICA PROJECT: 250214 All 1Ro50FMIA. 1oAOEc1VMYFROA A=oaoNTOTEPT Al AFF GENEIRAL A R C H I T E C T:ALTA "RE' L-1 3 RI FLOOR V pi �Nr, C I I I C A AR_ ITECTUIRAL A R C H I i E C i U R E M1 8323 NW 12th St. Suite 106 j I yROOF POOR DoralFL 33126� TEL: 365.593.9959 ' ,�, - - www.civicagroup. com I ,f -RENIERINGR AA #26001093 i1 1 C O N S U L T A N T SLANDFCAIEAICI : 'A'DNE' PEOPLE' CSLAOEs CN CO. ; DESIGN LOCATION MAP NTS -mm -iij