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98-027 RESOLUTION NO. 98-27 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING A DELETION OF PREVIOUSLY APPROVED PLANS AND DEVELOPMENT CONDITIONS AS PROVIDED BY RESOLUTION NO. 4-ZAB-95-89; APPROVING A MODIFICATION OF CONDITION #2 OF RESOLUTION Z- 50-69 PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS ON THE 20TM DAY OF FEBRUARY, 1969, AS FURTHER MODIFIED BY RESOLUTION 4-ZAB-278-67 PASSED AND ADOPTED BY THE ZONING APPEALS BOARD ON THE 29TM DAY OF JULY, 1987, ONLY AS IT APPLIES TO THE SUBJECT PROPERTY, TO PROVIDE THE NEW PLAN OF DEVELOPMENT; APPROVING A MODIFICATION OF RESOLUTION NO. 4-ZAB-278-87 REQUIRING 1.25 PARKING SPACES PER UNIT WHERE A PROVISION OF 1.07 PARKING SPACES PER UNIT IS PROPOSED; GRANTING A SPECIAL EXCEPTION TO PERMIT A MULTI-FAMILY DEVELOPMENT FOR THE ELDERLY; GRANTING AN UNUSUAL USE TO PERMIT A HOME FOR THE AGED; GRANTING AN UNUSUAL USE TO PERMIT A NURSING HOME; GRANTING AN UNUSUAL USE TO PERMIT AN ENTRANCE FEATURE AND MORE SPECIFICALLY, A GUARDHOUSE FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF WEST COUNTRY CLUB DRIVE AND THE WILLIAM LEHMAN CAUSEWAY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned RU-4A, Hotel Apartment House District; and WHEREAS, the Applicant, CC-Aventura, Inc., through Application No. 01-MA- 98, has applied for the following: 1 ) Special Exception to permit a multi-family development for the elderly. 2) Unusual Use to permit a home for the aged. 3) Unusual Use to permit a nursing home. Resolution No. 98-27 Page 2 4) Unusual Use to permit an entrance feature and more specifically, a guardhouse. 5) Modification of Condition #2 of Resolution Z-50-69 passed and adopted by the Board of County Commissioners on the 20TM day of February, 1969, as further modified by Resolution 4-ZAB-278-87 passed and adopted by the Zoning Appeals Board on the 29th day of July, 1987, only as it applies to the subject property, to provide the new plan of development. 6) Modification of Resolution No. 4-ZAB-278-87 requiring 1.25 parking spaces per unit. (Provision of 1.07 parking spaces per unit is proposed). 7) Deletion of previously approved plans and development conditions as 3rovided by Resolution No. 4-ZAB-95-89. on that certain property at the northeast corner of West Country Club Drive and the William Lehman Causeway in Aventura, Florida as legally described on Exhibit #1 attached hereto; and WHEREAS, the Community Development Department recommends approval of these requests subject to conditions; and WHEREAS, following proper notice, the City Commission has held a public hearing as provided by la~ 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Deletion of previously approved plans and development conditions as provided by Resolution No. 4-ZAB-95-89 is hereby granted. Resolution No. 98-27 Page 3 Section 2. Modification of Condition #2 of Resolution Z-50-69 passed and adopted by the Board of County Commissioners on the 20th day of February, 1969, as further modified by Resolution 4-ZAB-278-87 passed and adopted by the Zoning Appeals Board on the 29th day of July, 1987, only as it applies to the subject property, to provide the new plan of development is hereby granted. Section 3. Modification of Resolution No. 4-ZAB-278-87 requiring 1.25 parking spaces per unit where a provision of 1.07 parking spaces per unit is proposed is hereby granted. Section 4, A special exception to permit a multi-family development for the elderly; an unusual use to permit a home for the aged; an unusual use to permit a nursing home; and an unusual use to permit an entrance feature and more specifically, a guardhouse are hereby approved subject to each of the following conditions: STANDARD CONDITIONS 1. Plans shall substantially comply with those submitted as follows: · Boundary Survey, prepared by Manuel G. Vera and Assoc., Inc., revised dated 12/04/97; Cover page, cul-de-sac view, prepared by Mouriz Salazar Architects and Planners; · Arrival Level View, Sheet 1, prepared by Mouriz Salazar Architects and Planners, revised date 12/18/97; · Garage and Site Plan, Sheet 2, prepared by Mouriz Salazar Architects and Planners, revised date 3/3/98; · Arrival Level Plan, Sheet 3, prepared by Mouriz Salazar Architects and Planners dated 3/3/98; · Second Level Plan, Sheet 3a, prepared by Mouriz Salazar Architects and Planners revised date 12/18/97; · Arrival Level Elevation, Sheet 8, prepared by Mouriz Salazar Architects and Planners, revised date 12/18/97; · Cul-de-sac Elevation, Sheet 9, prepared by Mouriz Salazar Architects and Planners, revised date 12/18/97; · Golf Course Elevation, Sheet 10, prepared by Mouriz Salazar Architects and Planners, revised date 12/18/97; Resolution No. 98-27 Page 4 · Conceptual Landscape/Site Plan, Sheet L-l, prepared by Corral-Howard Collaborative, revised date 3-6-98; · Conceptual Site Paving Plan, Sheet L-2, prepared by Corral-Howard Collaborative, revised date 3/9/98 2. Applicant shall obtain building permits within 36 months of the date of this Resolution or the multiple approvals granted shall be deemed null and void and the applicant shall be required to reinstate the public hearing approval process unless the term is extended by a motion of the City Commission prior to its expiration. 3. Applicant shall commence utilization of the approvals granted within 36 months of the date of this Resolution or the approvals granted shall be deemed null and void unless the term is extended by a motion of the City Commission prior to its expiration. PROJECT SPECIFIC CONDITIONS 1. A 'Right Turn Only' sign shall be placed at the exit driveway at the property line at West Country Club Drive and shall be shown on building permit plans prior to issuance of the building permit for the facility. The applicant shall be permitted to submit traffic data, after initiation of the operation of the project, seeking administrative modification of this condition. 2. A 'No U Turn' sign shall be placed northbound on West Country Club Drive at the first median cut north of the driveway of the project, prior to the issuance of the building permit for the facility. 3. Upon evaluation of the request to Miami-Dade Transit Authority (MDTA), the applicant shall provide evidence of MDTA support or non-support of a northbound bus lane on West Country Club Drive at William Lehman Causeway. Such Resolution No. 98-27 Page 5 recommendations, if any, shall be completed by the applicant, prior to final Certificate of Occupancy for the facility. 4. The applicant shall obtain an Certificate of Use and Occupancy from and promptly renew the same annually with The City of Aventura upon compliance with all terms and conditions of this Resolution. If the approved use of the property shall cease, the applicant shall comply with the then applicable parking requirements for any new use of the property unless a variance of said requirements is approved by the City Commission. 5. Proper signage shall be located at the fire lane to the south of the development to restrict traffic to emergency and moving vehicles only. Such signage shall be shown on building permit plans prior to issuance of the building permit for the facility. Section 5. The City Manager is authorized to cause the issuance of permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 6. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner Cohen, who moved its adoption. The motion was seconded by Commissioner Rogers-Libert, and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger yes Commissioner Ken Cohen yes Commissioner Harry Holzberg yes Commissioner Jeffrey tv1. Perlow yes Commissioner Patricia Rogers-Libert yes Vice Mayor Jay R. Beskin yes Mayor Arthur I. Snyder yes Resolution No. 98-27 Page 6 PASSED AND ADOPTED this 17t' day of March, 1998. / /! ' Arthur I. Snyder, Mayor ATTEST: Teresa M. Smith, CMC, City Clerk APPROVED AS TO LEGAL SUFFICIENCY: CiTY AJi-TORN~Y ' This Resolution was filed in the Office of the City Clerk this / ~ day of f/)//~/~.~, 1998. CITY CLERK DESC~ON ........ A PORTION OFTRACT *'HI..r' OF '~l-~ iH ADDITION BISCAY'NE YACHT AND COUNTRY CLUB~', ACCORDING TO THE PLAT ~OF AS RECORDED [hl PLAT BOOK 99, AT PAGE 20, OF ~ PUBLIC RECOE. DS OF DADE COUNTY, FLOR. K)A. BEING DESCRIBk'~ AS FOLLOWS :. BEGINNE~G AT THE S.E_CORNER OF SAID TRACT "HH'; THENCE S 74 02'45' W, ALONG TIlE SOUTH ~ OF SAID TRACT ~ FOR 92.47 FEET; THENCE S 78 O9'37' W FOR ~4~.4~ ~t~ TO A POII~T ON THE ARC OF A CURVE CONCAVE TO THE NORTHWEST, SAID POIHT BEARS S 15 $7'15" E FROM THE C~N [P..R OF SAID CURVE; THENCE SOU'I'HWE~-rmr~LY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF SS69.$$ FEET AND A CI~ ~ ~ ANGLE OF I 16'2~" FOR AN ARC DISTANCE OF IZ3.~9 FEET TO A POIHT ON THE ARC OF A CURVE CONCAVE TO ~ NOR~, SAID POIIqT BEARS S 45 05'41 * W FROM THE CI~ ~ ~.~ OF SAID CURVE; THi~qCE NORTHWr~-~m~,LY, ALONG THE ARC OF SAID CURVE TO THE RIGH'r, HAVING A RADIUS OF 50.00 ~ AND A Cg~ITRAL ANGLE OF ~S 1~'$1" FOR AN ARC DISTANCE O~ ~0.~2 ~'EET TO A POIIqT OF REVEI~SE CURVA~ THI~[CE CONTINUE NOR~Y, ALONG THE ARC OF SAiD CURVE TO TH~ La~','ItAVING A RADIUS OF 1421.14 ~P.a~'~ AND A CEN ~ KAL ANGLE OF $ a9'49" FOR AN ARC DISTANC~ OF 215.S0 ~t~ TO A POINT OF ~ CURVATURE; ~ NORTHWE~I'P-,~d-Y, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAV1HG A RADIUS OF 4S 10.66 FEET AND A C~NTRAL ANGLE OF 0 24~9" FOR AN ARC DISTANCE OF 31.69 FI~'T; ~CE N SS FOR 422.4S ~a~ ~ TO A POIHT ON THE ARC OF A CURVE CONCAVE TO THE NORTHEAST SAID POIHT BF. ARS S 40 ~3~)I" W FROM THE C3~C~ IP.~R OF SAID CURVE THENCE sOUTHEA~~I~-~LY, ALONG TH~ ARC OF SAID CURVE TO THE ~ HAVING A RADIUS OF 790.00 ~.t~ AND A C;~-rKAL AHGLE OF 16 56~)2' FOR ARC DISTANCE OF 2~3.49 P~.a~l; THI~NCE S 15 5715" E FOR 240 00 FEET TO POlI~rr OF BEGII~INIIqG. THE LAST TWO (2) COURSES BEING ALONG THE BOUNDARY OF SAiD TRACT CONTAINING 185033.05 SQUARE ~ MORE OR LESS OR 432 ACRES MORE OR LESS EXHIBIT #1