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2006-062 RESOLUTION NO. 2006-62 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL TO PERMIT MULTIFAMILY RESIDENTIAL USES WITH A MAXIMUM OF 35 DWELLING UNITS PER ACRE ON A 13.715 ACRE PARCEL OF LAND IN THE MO, MEDICAL OFFICE DISTRICT, WHERE MULTIFAMILY RESIDENTIAL USES WITH A MAXIMUM DENSITY OF 35 DWELLING UNITS PER ACRE AND WITH A MINIMUM LOT AREA OF TWO ACRES MAY BE PERMITTED BY CODE IN THE MO, MEDICAL OFFICE DISTRICT, AS A CONDITIONAL USES; AND TO PERMIT A USE THAT MEASURES 25 STORIES AND 259 FEET HIGH IN THE MO, MEDICAL OFFICE DISTRICT, WHERE USES THAT EXCEED THE HEIGHT LIMITATION OF 10 STORIES AND 100 FEET MAY BE PERMITTED BY CODE IN THE MO, MEDICAL OFFICE DISTRICT AS A CONDITIONAL USE; AND TO GRANT A FIVE (5) YEAR TIME LIMIT FROM THE DATE OF THIS RESOLUTION IN WHICH TO OBTAIN A BUILDING PERMIT, WHERE THE CODE PROVIDES THAT THE TIME FOR OBTAINING A BUILDING PERMIT IS 12 MONTHS FROM THE DATE OF THE APPROVING RESOLUTION UNLESS OTHERWISE PROVIDED IN THE APPROVAL, ALL FOR A PARCEL OF LAND LOCATED ON THE NORTH SIDE OF NE 213 STREET BETWEEN BISCAYNE BOULEVARD AND NE 34 AVENUE, CITY OF AVENTURA, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" TO THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned MO, Medical Office District; and WHEREAS, the Applicant, Gulfstream Park Racing Association, Inc., through Application No. 02-CU-06, has requested conditional use approval to permit multifamily residential use with a maximum density of 35 dwelling units per acre and with a lot area of 13.715 acres in the MO, Medical Office District, where multifamily residential uses with a maximum density of 35 dwelling units per acre and with a minimum lot area of two acres may be permitted by Code in the MO, Medical Office District as a conditional Resolution No. 2006-62 Page 2 use; and conditional use approval to permit a use that measures 25 stories and 259 feet high in the MO, Medical Office District, where uses that exceed the height limitations of 10 stories and 100 feet may be permitted by Code in the MO, Medical Office District as a conditional use; and a five (5) year time limit in which to obtain a building permit for the proposed development of land, such term to commence on the date of approval of this resolution, where the Code provides that the time for obtaining a building permit is twelve months from the date of the approving resolution unless otherwise provided in the approval, all on land located on the north side of NE 213 Street, City of Aventura, more particularly described in Exhibit "A" to this resolution; and WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and WHEREAS, the City Commission has reviewed the applications for conditional use and finds that the conditional uses requested meet the standards for approval of conditional uses as set forth in Section 31-73(c) of the City's Land Development Regulations; and WHEREAS, the City Commission has reviewed the applicant's request for a five (5) year time limit from the date of this resolution in which to obtain a building permit for the proposed development pursuant to Section 31-73(e)(2) and finds that this time limit is necessary to accomplish the marketing and permitting of this development; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application No. 02-CU-06 for conditional use approval to permit multifamily residential use with a maximum density of 35 dwelling units per acre on a 13.715 acre parcel of land and to permit a use measuring 25 stories and 259 feet high Resolution No. 2006-62 Page 3 in the MO, Medical Office District, for land described in Exhibit "A" is hereby granted, upon the following condition: 1. Plans shall substantially comply with those submitted with this application and listed below: · "Gulfstream Parkview", Cover Sheet, prepared by Fullerton Diaz Architects Inc., dated, signed and sealed September 15, 2006. · "Gulfstream Parkview", Site Data Legend, Sheet A-100, prepared by Fullerton Diaz Architects Inc., dated, signed and sealed September 15, 2006. · "Gulfstream Parkview", Lot Coverage & Open Space, Sheet A-100.1, prepared by Fullerton Diaz Architects Inc., dated, signed and sealed September 15, 2006. · "Gulfstream Parkview", FAR and Units Calculations, Sheet A-100.2, prepared by Fullerton Diaz Architects Inc., dated, signed and sealed September 15, 2006. . "Gulfstream Parkview", Infrastructure Plans, Site Plan - North, Sheet SP-3 of 3, prepared by Joseph Roles and Assoc., Inc., dated, signed and sealed September 15, 2006. . "Gulfstream Parkview", Infrastructure Plans, Site Plan - South, Sheet SP-2 of 3, prepared by Joseph Roles and Assoc., Inc., dated, signed and sealed September 15,2006 · "Gulfstream Parkview", Water Distribution and Sewage Collection System, Paving, Grading and Drainage Cover Sheet, prepared by Joseph Roles and Assoc., Inc., dated, signed and sealed September 15, 2006. · "Gulfstream Parkview", Infrastructure Plans, Notes, Details & Specifications, Sheet C-2 of 14, prepared by Joseph Roles and Assoc., Inc., dated, signed and sealed September 15, 2006. . "Gulfstream Parkview", Infrastructure Plans, Pavement Typical Details, Sheet C-3 of 14, prepared by Joseph Roles and Assoc., Inc., dated, signed and sealed September 15, 2006. . "Gulfstream Parkview", Infrastructure Plans, Water and Sewer Plan, Sheet C-4 of 14, prepared by Joseph Roles and Assoc., Inc., dated, signed and sealed September 15, 2006. . "Gulfstream Parkview", Infrastructure Plans, Water and Sewer Profiles, Sheet C-5 of 14, prepared by Joseph Roles and Assoc., Inc., dated, signed and sealed September 15, 2006. . "Gulfstream Parkview", Infrastructure Plans, Grading and Drainage Plan, Sheet C-6 of 14, prepared by Joseph Roles and Assoc., Inc., dated, signed and sealed September 15, 2006. . "Gulfstream Parkview", Infrastructure Plans, Drainage Details, Sheet C-7 of 14, prepared by Joseph Roles and Assoc., Inc., dated, signed and sealed September 15, 2006. . "Gulfstream Parkview", Infrastructure Plans, Drainage Details, Sheet C-8 of 14, prepared by Joseph Roles and Assoc., Inc., dated, signed and sealed September 15, 2006. Resolution No. 2006-62 Page 4 · "Gulfstream Parkview", Infrastructure Plans, Geometry, Paving & Marking Plan, Sheet C-9 of 14, prepared by Joseph Roles and Assoc., Inc., dated, signed and sealed September 15, 2006. . "Gulfstream Parkview", Infrastructure Plans, Parking Garage Marking Plan, Sheet C- 10 of 14, prepared by Joseph Roles and Assoc., Inc., dated, signed and sealed September 15, 2006. . "Gulfstream Parkview", Infrastructure Plans, Roadway Modification Plan, Sheet C-11 of 14, prepared by Joseph Roles and Assoc., Inc., dated, signed and sealed September 15, 2006. . "Gulfstream Parkview", Infrastructure Plans, Pollution Prevention Plan, Sheet C-12 of 14, prepared by Joseph Roles and Assoc., Inc., dated, signed and sealed September 15, 2006. . "Gulfstream Parkview", Infrastructure Plans, Pollution Prevention Details, Sheet C- 13 of 14, prepared by Joseph Roles and Assoc., Inc., dated, signed and sealed September 15, 2006. . "Gulfstream Parkview", Infrastructure Plans, Fire and Access Plan, Sheet C-14 of 14, prepared by Joseph Roles and Assoc., Inc., dated, signed and sealed September 15, 2006. . "Gulfstream Parkview", Landscape Plan, Sheet L -1, prepared by Witkin Design Group, dated, signed and sealed September 14, 2006. . "Gulfstream Parkview", Landscape Details, Sheet L-2, prepared by Witkin Design Group, dated, signed and sealed September 14, 2006. . "Gulfstream Parkview", Ground Level Plan, Sheet A-101, prepared by Fullerton Diaz Architects, Inc., dated, signed and sealed September 15, 2006. . "Gulfstream Parkview", Parking Levels 2 & 3, Sheet A-102, prepared by Fullerton Diaz Architects, Inc., dated, signed and sealed September 15, 2006. . "Gulfstream Parkview", Parking Level 4, Sheet A-103, prepared by Fullerton Diaz Architects, Inc., dated, signed and sealed September 15, 2006. . "Gulfstream Parkview", Amenity Level 5, Sheet A-104, prepared by Fullerton Diaz Architects, Inc., dated, signed and sealed September 15, 2006. . "Gulfstream Parkview", Level 6, Sheet A-105, prepared by Fullerton Diaz Architects, Inc., dated, signed and sealed September 15, 2006. . "Gulfstream Parkview", Levels 7-9, Sheet A-106, prepared by Fullerton Diaz Architects, Inc., dated, signed and sealed September 15, 2006. . "Gulfstream Parkview", Levels 10 and 11, Sheet A-107, prepared by Fullerton Diaz Architects, Inc., dated, signed and sealed September 15, 2006. . "Gulfstream Parkview", Level 12, Sheet A-108, prepared by Fullerton Diaz Architects, Inc., dated, signed and sealed September 15, 2006. . "Gulfstream Parkview", Levels 13-17, Sheet A-109, prepared by Fullerton Diaz Architects, Inc., dated, signed and sealed September 15, 2006. . "Gulfstream Parkview", Levels 18 & 20, Sheet A-110, prepared by Fullerton Diaz Architects, Inc., dated, signed and sealed September 15, 2006. . "Gulfstream Parkview", Levels 19 & 21, Sheet A-111, prepared by Fullerton Diaz Architects, Inc., dated, signed and sealed September 15, 2006. Resolution No. 2006-62 Page 5 · "Gulfstream Parkview", Levels 22 & 24, Sheet A-112, prepared by Fullerton Diaz Architects, Inc., dated, signed and sealed September 15, 2006. . "Gulfstream Parkview", Levels 23 & 25, Sheet A-113, prepared by Fullerton Diaz Architects, Inc., dated, signed and sealed September 15, 2006. · "Gulfstream Parkview" Roof Plan, Sheet A-114, prepared by Fullerton Diaz Architects, Inc., dated, signed and sealed September 15, 2006. . "Gulfstream Parkview", South Section, Sheet A-201, prepared by Fullerton Diaz Architects, Inc., dated, signed and sealed September 15, 2006. . "Gulfstream Parkview" East Elevation, Sheet A-301, prepared by Fullerton Diaz Architects, Inc., dated, signed and sealed September 15, 2006. . "Gulfstream Parkview", West Elevation, Sheet A-302, prepared by Fullerton Diaz Architects, Inc., dated, signed and sealed September 15, 2006. · "Gulfstream Parkview" North Elevation, Sheet A-303, prepared by Fullerton Diaz Architects, Inc., dated, signed and sealed September 15, 2006. . "Gulfstream Parkview", South Elevation, Sheet A-304, prepared by Fullerton Diaz Architects, Inc., dated, signed and sealed September 15, 2006. Section 2. The applicant's request for a time limit of five (5) years from the date of this resolution in which to obtain a building permit for the development is hereby granted, on the condition that the plans submitted for building permit substantially comply with those submitted with this application and listed in Section 1. of this Resolution. Failure to obtain a building permit within this time period shall render the approvals granted in Section 1. of this Resolution null and void. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner Joel, who moved its adoption. The motion was seconded by Commissioner Stern, and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach yes Commissioner Bob Diamond yes Commissioner Harry Holzberg no Commissioner Billy Joel yes Commissioner Michael Stern yes Commissioner Luz Urbaez Weinberg yes Mayor Susan Gottlieb yes Resolution No. 2006- 62 Page 6 PASSED AND ADOPTED this 3rd day of Oct er,2006. SUSAN GOT L1EB, MAYOR APPROMi:t SUFFICI~CY: CITY ATTORNEY i th Office ofthe City Clerk this ~day of ~2006. [~HI6IT 'flit LAND DESCRIPTION: TRACT A; Porlions of Troct A ond Troct B, OONN ACRES, occOt'ding to tll. plot thereof os recorded ,,' "I.. Boo~ 76, Poge JO of lhe PubliC RecOl'ds 01 t.liomi-Dode County, Florido, being more porliCulcrl., described 05 10Uows: BEGINNING 01 the Norlheosl corner 01 said TrOtl B and the Northeost corner 01 S~CI;rlr, 3~, TownShip 51 South, Ronge 42 East: THENCE South 02'21'14" Eost on the East line of soid Troct B and lhe Ecst line of soid See"C!i J., 0 distonce of 541,55 feel to the Northeast corner of 0 parcel of land conveyed In lhe C:, :1: Avenluro for highway purposes by Right-aI-Way Deed recOl'ded in Olliciol RecordS Bocl: 1797.,. Poqe .3869 01 the Public Records 01 f,liomi-Dode County, florida: TIiENCE on the North line Gf said Porcel conveyed to the City 01 Aventuro Ihe lOllowin) three I"~; COurses and distances; 1. Soulh 50'29'1." West, 0 distance 01 32.10 leet (J1.63 reet l>y deed) to Ihe beginn;,1g ,)f " tangent curve Concove to the Northwest; 2. Southwesterly on the ore of said Curve hovil'lg 0 rOdlus 01 3JOoo leet, through i: \entrOI ";'9';; 01 37'32'07" (37'34'38" by deed), on Ore distonct or 21619 teet (21643 feel by r~~f'Cl) ~,~ (1 point 01 tangency. 3. Soulh 88'01'22" West. 0 distonce 01 10788leet;' THENCE North 01'52'05" West, 0 distance of 523.58 feet; THENCE South 88'09'53" West, 0 distanc. 01 581.B7 I~t; , l' THENCE South 01'52'05" Eost, 0 distance 0/ 52502 feel to the intersection .-ilh the 1-:')1 lh 1;1', ;;f soid Parcel 01 land con~yed 10 ll'le City 01 Avtnturo; THENCE 5Mh 88"01'22" Wesl on said Norlll line, 0 distonce 01 46133 feet; THENCE North 01'58'38" Wesl, 0 (listarlce 01 629..41 reel 10 interseclion with the Nor:!: iini~ r:):r,ij Troct A ond the NOtlh line of soid Seelion 34; THENCE North 88'0"22" Eost on so'id North line 01 Trocl A and the North line 01 S~c:cn .;4, .; distance 01 1.37.,03 feet to the POINT Of' BEGINNING: TOC(THER WITH tHE rOlLOWlNC DESCRIBEO PI\RCEL TRAC T 8: ~ortions 01 Tract A ond Tract B, OONN ACRES, occording 10 the plot thereof os reco"J,:d ir: P'"I Book 76, Pog, 30 01 the Public Records of f.4iomi-Oode Counly. florido. being mOr~ p~rticJ'o,;;, described os follow $: COt.tIllENCE ot the NOtlheost corner 01 said Tract B and the NorlPleost corner of Sect'(f, 34 Townsh., SI Soutn. Ron9t 42 East; THENCE South 02'21 '14" Eosl 0/1 soid Eosl line 01 Troct B OI1d llle E05t line of soid :;e,.t,on c4 distonce 01 5.41.55 leet to the Northeast COrner or 0 Porcel of 10nd corveyed 10 thp' (;Iy of Aventurg for hj~way l>IJrpOSlS by Rj9hl-of~Way Deed recorded in Officiol Records Bool: 17973. Page 3869 of the Public Records of f,liomi-Dode County, norido; THENCE on the North line 01 said Parcel conveyed to lne City of Aventuro the fOllowir,.} thre~ }i COUl'SIS ond distances; 1. South 50'29'14" West, 0 distance 01 J2.10 lee I (J1BJ feet by deed) 10 the begi(1"ing of :' tOflgent curve concove to the Northwest; 2, Southwesterly on the ore 01 SOid evrve ho~in9 0 rOdius 01 J30.00 feet, throu9~ 0 .:enlrOI';PS'( of 37'32'07" (J7'J4'Je" by deed). on orc distance 01 216,19 leel (21643 leet by ;teed) Ie' (: point Of long.ncy; 3. South 88'01'22" West, a dislonce of 107.88 feel 10 the POINT Of" BEGINNING, THENCE continue South 88'01'22" West, 0 distance of 20.29 feel; TH~NCE North 01'52'05' We,t, 0 distonce of 25781 leel; lHEtiCE Norlh 37'."01.' West, 0 dislance 01 306.19 feel: THENCE South 88'09'53" West. 0 distonce 01 382 40 leet; THENCE NOflh 01'52'05" West, 0 distonce of 17 53 'eet; THENCE North 8e'09'~J' East, 0 distonce of 581.87 feel; THENCE Soulh 01'52'05' Eost, 0 dislonce 01 523.58 leet 10 Ihe P()Nl Of BEGINNING: Soid londs I~ng in the City of Avertturo, ~iomi-Oode County, ~Iorido ond containIng 0 :(JIOI Uee;' 597,429 SQuor~ feet (137151 ocres) more or I~ss